Stefanie Frith, Ex-Prison Officer Charged in Sex Case, Riverside Press-Enterprise, September 5, 2003.

A female inmate has filed a lawsuit against a former correctional officer at the California Rehabilitation Center in Norco, claiming he woke her from her prison bed and forced her to have sex on several occasions last year.

In addition to the lawsuit, the Riverside County District Attorney's Office has charged Timothy Tasabia, 41, of Riverside with four counts of sex with an inmate. He has pleaded not guilty to all charges and is scheduled to appear for a hearing in Riverside County Superior Court on Sept. 12.

Estimates vary from rare to as high as one in four on how often inmates file complaints of sexual misconduct. A law signed Thursday by President Bush will require prisons to keep track of such allegations.

Tasabia resigned from the prison in June during an investigation of the inmate's allegations, said CRC Lt. Tim Shirlock. Tasabia had worked at the prison since July 2000. Previously, he worked three years at Salinas Valley State Prison in Soledad and four years at Centinela State Prison in Imperial, said Shirlock.

$10 million sought

According to the lawsuit, Tasabia woke the 23-year-old inmate at night three times in October and November and took her to a store room inside the officer's office, where he assaulted her. The woman, who is not being identified because of the nature of the allegations, since has been transferred to the California Institution for Women in Chino, said Shirlock.

"The first time, he performed oral sex on her, and he did it again several days later," said Keith Vickers, the inmate's attorney. "A few days later he gets a little bolder and raped her."

The lawsuit claims the inmate, who was sentenced in 1998 for carjacking with a firearm in Los Angeles County, has panic attacks, flashbacks of the incidents, fear and apprehension of all male correctional officers. Vickers said the inmate is seeking $10 million in damages.

"Prison has totally rehabilitated her," Vickers said. "This didn't help her at all. She needs to start getting her life back on track."

A California Department of Corrections internal affairs officer interviewed the woman Nov. 22, 2002, following her report of sexual misconduct. In a June 20 filing with the Riverside County Superior Court, the interviewer, Kimberly Kaufman, reported inmates watched Tasabia wake the woman and take her in the direction of his office.

On Nov. 20, 2002, the inmate wiped herself with a piece of plastic after she had intercourse with Tasabia because she wanted to have proof against him, according to Kaufman.

DNA samples collected from the piece of plastic matched DNA blood samples obtained from Tasabia through a search warrant, Kaufman stated. Tasabia was arrested and later released on his own recognizance.

Attorney Steve Harmon, representing Tasabia, said he could not comment on individual pieces of evidence because he is still investigating the case.

"You should never take any one specific piece of evidence of a case and attach too much meaning to it," Harmon said.

Statistics, guidelines sought

Russ Heimerich, a spokesman for the California Department of Corrections, said accusations of sexual misconduct between inmates and correctional officers are rare. He added that the CDC does not keep track of how many allegations of sexual misconduct are made.

That practice may change. The law signed Thursday will seek to gather national statistics about sexual abuse behind bars. The Prisoner Rape Elimination Act also develops guidelines for states to address prisoner rape, creates a review panel to hold annual hearings, and provides grants to states to combat the problem. The law marks the first time the U.S. government has passed legislation to address sexual assault against prisoners.

Heimerich said that during the late 1990s, there was a time when there were "a number of investigations" into sexual misconduct and the department took steps to abolish that behavior. Inmates are now urged to come forward if they are abused, he said. Inmates are also given a direct number to the Office of the Inspector General to report misconduct, said Shirlock.

Lara Stemple, executive director of Stop Prisonor Rape, a Los Angeles-based organization that addresses sexual misconduct behind bars, cited a recent study that said 27 percent of the inmates at a Midwestern prison had been assaulted while in custody.

There are hundreds, if not thousands of women across the United States who have been abused behind bars, Stemple said.

"These officers are abusing their power," she said. "And if a woman reports the abuse, they are often retaliated against or they aren't taken seriously."

Mario Tagur, a spokesman for Amnesty International, an organization that attempts to address issues of female prisoners, agreed.

"Even if it's consensual (sex), it is clearly unprofessional," he said.

No tolerance

Shirlock said CRC and the California Department of Corrections has a zero-tolerance policy regarding sexual misconduct in the prison system. State law prohibits prison employees from having any kind of physical relationship with an inmate.

After Tasabia resigned, the prison continued to investigate him and later turned evidence over to the Riverside County District Attorney's Office for prosecution, Shirlock said.

"We are not going to tolerate that kind of behavior," he said. He added the inmate has made at least one other allegation against another staff member at CRC.