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Protecting yourself in custody: Your rights against abuse

No one should live in fear of harm, even behind bars. Under the U.S. Constitution, inmates have protection against cruel and unusual punishment, especially from staff, officials or other inmates. Abuse of any kind – whether it’s physical, sexual or emotional – is a direct violation of this right.

You have the right to report abuse

Certain laws are in place to protect inmates from retaliation and to ensure authorities take their reports seriously. The Prison Rape Elimination Act (PREA) requires prisons and jails to:

  • Have ways for inmates to report sexual abuse easily and privately
  • Educate inmates about their rights and how to report abuse
  • Provide access to victim advocates and support services

Speaking up about abuse can be terrifying, but it’s important to know that you have the right to do so without fear of punishment. You should be able to report abuse to any staff member you trust. It’s against the law for anyone to punish you or mistreat you for reporting abuse. You also have the right to contact your family, your lawyer or outside organizations for help.

You have the right to seek justice

Under New Mexico law, there should be a formal process – often called a “grievance system” – for reporting abuse. You have the right to:

  • Have the facility investigate the case thoroughly
  • Know the outcome of the investigation
  • File a complaint with the New Mexico Corrections Department
  • File a lawsuit against the facility or individuals involved
  • Medical care and mental health support

New Mexico law also requires correctional facilities to have clear policies for handling abuse allegations and to train staff on recognizing and responding to signs of abuse.

Your safety and dignity matter

If you or your loved one has faced abuse while in custody, there are ways to seek justice and prevent future abuse. Know that there are legal professionals who can explain your rights in more detail and help you understand your options.