Wards And The Duties Of Guardians To Protect Juveniles In Their Care

On December 13, 2024, Jacob Salcido, a 40-year-old correctional officer at the Federal Medical Center in Lexington, Kentucky, was sentenced to 100 months in prison for three counts of sexual abuse of a ward.

Salcido was also ordered to pay restitution of $21,000 to each of the three victims and will be subject to a lifetime of supervised release.

Between September 05, 2020, and December 21, 2020, Salcido engaged in sexual acts with three inmates under his custody. Despite being aware that any sexual contact between staff and inmates was strictly forbidden and constituted a criminal offense, Salcido exploited his position of power to abuse these women.

Deputy Attorney General Lisa Monaco emphasized that Salcido's actions were a severe breach of trust and highlighted the Justice Department's commitment to eradicating sexual abuse in federal prisons. Inspector General Michael E. Horowitz and U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky also condemned Salcido's conduct, noting the enduring damage to the victims and the erosion of public trust in law enforcement.

Source: https://www.justice.gov/opa/pr/federal-bureau-prisons-correctional-officer-sentenced-three-counts-sexual-abuse-ward

Commentary

Under 18 U.S. Code §2243, sexual abuse of a ward is defined as knowingly engaging in a sexual act with another person who is in official detention and under the custodial, supervisory, or disciplinary authority of the person engaging in the act.

This law applies to individuals in federal prisons or any facility where persons are held in custody by direction of or pursuant to a contract or agreement with the head of any federal department or agency. The penalties for violating this law include fines and imprisonment for up to 15 years.

Outside of detention, a "ward" is generally a person who is placed under the protection and care of a guardian or the state. This term is often used to refer to individuals who are unable to take care of themselves, such as children, individuals with mental incapacity, or those who require special care and supervision.

In legal terms, a ward is an individual whose responsibility is assigned to another person by a court of law for proper upkeep and care. This can include minors who have been placed under the care of a guardian appointed by a court due to various reasons, such as unfit parents, inheritance of a large sum of money or property, or involvement in illegal activities. The guardian is responsible for making decisions regarding the ward's care, education, and overall well-being.

The concept of wardship has its roots in medieval English law, where it was used to define a person, whose property was taken under control by a feudal lord during their minority or incapacity. In modern times, the term has evolved to refer to individuals who are placed under the care of a guardian appointed by a court of law.

The final takeaway is that parents are not the only persons legally responsible for the protection of children. Guardians and other caregivers also have a responsibility.

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