Woman Says Jailer|Laughed About Rape

     WICHITA, Kan. (CN) – After raping an epileptic inmate, a Kansas jail guard bragged about having gotten away with it before, and other guards laughed when she tried to report the assault, the woman claims in court.
     Kandie Gilliland claims Butler County sheriff’s Officer Charles Chaney III raped her in the Butler County Jail in January 2013, an attack that culminated a week of sexual stalking that began while she was weakened by a grand mal seizure in the jail.
     She sued Chaney, Butler County Sheriff Kelly Herzet and sheriff’s Capt. Floyd Hunt, Chaney’s immediate supervisor, in Federal Court.
     Chaney had been grooming her for assault even before she suffered a grand mal seizure on Jan. 6, 2013, while in pretrial detention, Gilliland says. As she recovered in the jail infirmary, Chaney wrote her notes describing “sexual acts he wanted to participate in with her. The notes from Chaney were later confiscated by the Butler County Sheriff’s office,” according to the July 28 lawsuit.
     On Jan. 14, 2013, he took her to a shower in the jail, though jail policy requires that a woman do that, then he took her to the jail library and raped her, Gilliland says.
     Gilliland says Chaney overpowered her: he is 6 feet 2 and weighs 280 lbs., “was armed and she was under his control as an inmate.”
     The complaint states: “The library is a very small room and Deputy Chaney stood in the doorway, blocking the doorway with his body, and kissed Ms. Gilliland, told her that he wanted to ‘f**k’ her and proceeded to rape the plaintiff. Deputy Chaney then opened the door and took Ms. Gilliland back to her cell where Ms. Gilliland vomited and became very upset.”
     She says the sheriff tolerates this: “Two sergeants laughed at Ms. Gilliland when she asked for a complaint form to write up a complaint about the rape. Both sergeants told Ms. Gilliland that they would look into the incident, but never did. The actions and omissions of defendants Hunt and Herzet were causal in bringing about a custom, policy and culture in the detention center that led to defendant Chaney’s conduct,” according to the complaint.
     Gilliland says that Hunt and Herzet knew Chaney was a sexual predator, that they “were aware of multiple instances” of sexual misconduct by Chaney,” and that “Chaney openly bragged to detainees that he had been accused of inappropriate sexual conduct but had always ‘beaten’ the cases.”
     “To heap insult onto injury,” Gilliland says in the complaint, “Chaney was allowed to plea bargain the criminal charges that were eventually brought against him for raping the plaintiff to a misdemeanor sexual battery charge.”
     She seeks punitive damages for assault and battery, emotional distress and civil rights violations.
     She is represented by Randall Rathbun, with Depew, Gillen, Rathbun & McInteer.

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