Prison nurse charged with having sexual contact with inmate

A Justice Center nurse was charged today with engaging in illegal sexual contact with an inmate in the downtown jail facility.

Beth A. Ours, 37, was charged with one count of third-degree criminal sexual act, a felony punishable by up to four years in state prison.  Ours is accused of performing an act of oral sex on a male inmate in the jail sometime during the month of April.

The act is charged as a crime because the male was legally incapable of consenting to the conduct because he was in the custody of the Justice Center at the time.

Ours was arraigned this afternoon before City Judge Kate Rosenthal. She was released under the supervision of the probation department's Pretrial Release Program.  Court papers indicated the charge was based on a statement from the male victim and that Ours made admissions implicating herself.

I'm trying to understand the rationale for a law that makes an inmate incapable of consenting to the conduct while in custody.  Perhaps it would help if I understood what else they are incapable of consenting to or is it exclusively blow jobs.

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