Fired corrections officer won’t be prosecuted for sex with inmates

Published 6:45 pm Tuesday, October 27, 2009

A Kitsap County corrections officer who had sexual contact with two female inmates, one inside jail and one outside the facility, won’t be prosecuted for misconduct because the statute of limitations has expired.

The officer, 28, of South Kitsap, was not identified in a statement issued by the sheriff’s office Tuesday. He had worked at the jail for less than a year before the incidents took place in July, 2007, according to the statement.

He was placed on administrative leave at the start of the investigation and fired Monday, the statement said.

Gross misdemeanors, such as second-degree sexual misconduct, have a two-year statute of limitations.

Although the statement says the sexual contact with the two female inmates was “consensual,” the law does not allow for inmates to consent to sex with corrections officers. Office policy restricts officers from having personal relationships with former inmates.

An investigation found that the officer likely committed the misconduct. But following the review, the Kitsap County Prosecutor’s Office issued a “decline to prosecute notice” Oct. 13.

“We have facts sufficient to prove this case beyond a reasonable doubt, and would have charged this if it were not for the fact that the statute of limitations has run,” the statement from the prosecutor’s office said.

“These allegations are very disappointing to me as well as to all the other highly professional corrections officers in this agency,” Sheriff Steve Boyer said in the statement. “The county government, the citizens and I have very high expectations of our personnel. When they violate public trust, they are held strictly accountable for their conduct.”