Raped Turkish Girl’s Familiy to Sue US Imigration..

"Twentyone-year-old Turkish national ‘Mary Doe’ paid her debt to society, but rape should not have been a part of the penalty."

The family has spoken with a local attorney, Mike Hodson, of Hodson, Woods and Snively, about their options in protecting their relative. Hodson said he is currently conducting research about a possible suit against the officer as well as the Immigration and Naturalization Service, also now known as the Bureau of Citizenship and Immigration Services. "The family has contacted me to assist them in all matters that may arise from this incident and we’re in the early process of exploring our options," Hodson said Wednesday.

The alleged victim in the case was in custody at the Washington County Jail for an immigration violation the day Curtis Lamar Hall, 38, of Nashville, Tenn., allegedly took her to a dentist appointment and then raped her at a Springdale motel. The woman reported the alleged assault upon her return to the Washington County Jail and an investigation was initiated by Springdale police detectives.

Hall was arrested on suspicion of rape charge after reportedly changing his statement to detectives, his arrest report states.

Hall first denied the woman’s allegations and claimed they returned directly from the dentist’s office to the county jail, but later admitted he had sexual contact with the inmate, according to the report. Hall claims the encounter was consensual and that intercourse did not take place.

After further discussions with the Washington County Prosecutor’s Office, it was decided that Hall would be held on a charge of thirddegree sexual assault. He has not been formally charged.

The 21-year-old woman was initially arrested in connection with a criminal investigation, also by Springdale police officers. She was charged with witness bribery and second-degree forgery after officers concluded that she offered to give $2,000 to a woman if she would not pursue rape charges against Milton Osorio-Aguilar, the alleged rape victim’s boyfriend.

On Sept. 12 the Turkish woman pleaded guilty to a misdemeanor charge of tampering and was sentenced to 12 months probation. The plea agreement included the condition that she assist in the prosecution of Osorio-Aguilar.

The family says they’re focused on what happened to their relative on Sept. 24, and how they can protect her and others in the custody of officers like Hall. The ability of the family to sue the INS is outlined in the Federal Tort Claims Act, which states that although the INS is a branch of the federal government, there are exceptions to its "sovereign immunity." "The FTCA provides a limited waiver of the federal government’s sovereign immunity when its employees are negligent within the scope of their employment," according to information provided on the electric law library. "Under the FTCA, the government can only be sued under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred…"

The family is outraged about Hall’s alleged abuse of power and have circulated information to various Northwest Arkansas media outlets in an attempt to draw attention to the case. "She could have been impregnated against her will, contracted HIV/AIDS and/or other… sexually transmitted diseases," an email statement from the family reads. "Many female rape victims like ‘Mary Doe’ have found that corrections officials ignore pleas for help or even retaliate against female inmates who file complaints against male law enforcement officers."

Hodson said he is starting to research the Federal Tort Claims Act and will assist the family in their correspondence with prosecutors concerning Hall’s case if necessary.

The alleged victim has been released on bond. According to an inmate list at the Washington County Jail, Hall remains in custody.