Inmate says she was assaulted while serving time

By Cara Bailey | Dec 10, 2008

CHARLESTON - An inmate at the Anthony Correctional Center has filed a suit against the state Division of Corrections, claiming a supervisor at the prison sexually assaulted her while she was incarcerated.

CHARLESTON - An inmate at the Anthony Correctional Center has filed a suit against the state Division of Corrections, claiming a supervisor at the prison sexually assaulted her while she was incarcerated.

Lola Rakes filed the suit Oct. 23 in Kanawha Circuit Court against the DOC, Franklin Rush, an associate warden, and Gordon Clark.

According to the suit, Rakes was sexually harassed and assaulted by Rush during her incarceration between April and May 2005.

She claims she suffered serious injury, invasion of her privacy, humiliation, annoyance and inconvenience, mental anguish, loss of her ability to enjoy life, and other injuries.

"Since the opening of The Anthony Correctional Center, there has existed a continuing practice and pattern of sexual harassment, sexual abuse and sexual assault visited upon inmates at the hands of one or more correctional officers and supervisory staff," the suit says.

In the ten-count suit, Rakes seeks compensatory and punitive damages and a program to train the Anthony Correctional Center employees to prevent sexual assault and harassment.

Attorney Kerry A. Nessel is representing Rakes. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 08-C-2072

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