Last Updated: 7/13/2020
43-year-old former ICE special agent John Jacobs Olivas was arrested on August 15 on allegations that he sexually assaulted one woman and raped another woman twice by abusing his position as a federal agent to intimidate them into not reporting the crimes. Olivas was arraigned in the United States District Court in Riverside on three counts of deprivation of rights under color of law. Each of these counts carries a maximum charge of life in prison.
According to the indictment, Olivas attempted to rape the first victim in January 2012 and told her that his position as a federal law enforcement officer would protect him from prosecution for the crime. Additionally, the indictment alleges that Olivas raped the second victim in September 2012 and again in November 2012. He also allegedly told this victim that police would not investigate a report about the attacks.
These allegations are currently being investigated by the FBI and ICE’s Office of Professional Responsibility. The FBI has encouraged other victims to contact them at 855-324-7257.
Cases like the one against Olivas are unfortunately fairly common across the country. In an investigative report by The Intercept, 1,224 complaints of sexual and physical abuse in ICE custody were obtained. This only represents a small fraction of the total of approximately 33,000 complaints filed with the DHS Office of Inspector General between 2010 and 2016 alleging abuse in immigration detention.
This report also found that ICE may be guilty of mishandling reports of sexual abuse. Of the 1,224 complaints from January 2010 – September 2017 analyzed in the report, only 43 were investigated. Additionally, we must assume that many victims chose not to report the crimes committed against them.
While the available data suggests that sexual abuse in detention centers is a widespread national issue, it’s difficult to get a full scope of the problem. Even though ICE is required to release all sexual abuse and assault data to the public, the agency has never actually done so.
Here are some thoughts on the legal rights of those who have been sexually abused at detention centers, from sexual assault lawyer Jason Amala:
“If you or someone you love has been sexually abused in immigration detention, you may be wondering how you can find justice and make sure the people responsible are held accountable. Reporting these crimes to federal authorities is a good first step, as this will begin the process of holding the perpetrator responsible for their crimes.
In some cases, institutional negligence may have allowed the sexual abuse to occur. With so few complaints being investigated amid the thousands of reports of sexual abuse at detention centers, this issue may very well be an institutional problem related to a culture of abuse and coverups.
Victims of sexual abuse in detention centers who are curious about their legal rights should consider speaking with an experienced sexual abuse victims lawyer about their legal rights.”