Male inmate claims female guards raped him at Miramar Brig - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Male inmate claims female guards raped him at Miramar Brig

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SAN DIEGO (CBS 8) – A single-tour Marine rifleman serving time for rape says while in the Miramar Brig he's been sexually assaulted by female guards and employees more than ten times.

The Miramar Brig can house up to 600 inmates, a prison where the Navy houses most of its women inmates. Former Marine Lance Corporal Shane Bardes claims he encountered many women guards and inmates while serving time at Mirarmar Brig.

"Shane has agreed to come forward with his story as painful and humiliating as it is to ensure that this never happens again," said John Hafemann.

Hafemann is Bardes' attorney who participated in a Skype interview with CBS News 8 on Tuesday from South Carolina. Hafemann said Bardes was raped by female guards, his female work supervisor and had a relationship with a female therapist who was an intern for University of Southern California.

"Time and time again they used their position and their power over him to satisfy their own sexual desires," said Hafemann.

The intern was later fired. Bardes said the relationship with the intern was non-sexual but when other female guards found out about it the employees were jealous.

"He's been made fun of teased and even physically assaulted," said Hafemann.

Allegations involve Bardes having sex with female guards more than 10 times and a work supervisor in food and office closets where there were not cameras.

"It shocks the conscience," said Hafemann.

Bardes is in his third year, serving a five-year sentence for raping two women while stationed in Hawaii. He also has dozens of violations and has been sent to disciplinary segregation several times.

Hafemann says under federal law prison employees are forbidden to have sex with inmates because they do not have power.

"It can't be consensual, it's like statutory rape," said Hafemann. "Shane Bardes story doesn't and continues to not get the attention it deserves because he is a male victim of sexual assault in the military."

When Bardes brought the allegations forward NCIS say it started an investigation. Charges have not been filed and it's unclear if there was a punishment, but says the workers named in the allegations no longer work at Miramar Brig.

Bardes has been transferred to the Charleston Brig in South Carolina.

Earlier this year, the Department of Justice published a report that found sexual misconduct among staff at Miramar Brig is 4.9 percent - two times higher than that at prisons nationwide.

An airman at the Charleston Brig serving time on drug-related charges is also coming forward claiming he was assaulted by an inmate when the staff knew the inmate to be a sexual predator.

Officials said since the investigation, policies have not changed regarding these allegations.

Officials at Miramar Brig released a written statement via e-mail: "Thank you for your inquiry regarding former prisoner Bardes. Because this is a matter subject to an on-going investigation, we cannot comment on any specific allegations at this time," said Brewster Schenck, CCE, Shared Services Director for Naval Consolidated Brig Miramar.

President Obama wants all federal prisons to have a policy written in the Prison Rape Elimination Act of 2003.

Miramar Brig has posted its PREA zero tolerance policy on its website.

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