The attorney for a woman who claims a Mayes County jailer raped her says she can't get the counseling she needs.
The woman said she was raped by the guard who was supposed to be watching her while she was in the hospital.
The woman was originally taken into custody in Mayes County when she didn't appear for a court date on fraud and forgery charges.
She says her jailer raped her and her attorney says she desperately needs help.
She was transferred to the Rogers County jail after Aaron Peters, a jailer in Mayes County, was charged with her rape.
"Her mental health is deteriorating the longer she sits in jail," attorney Brendan McHugh said.
"If you know anything about rape victims the worst thing you can do is keep them in the environment where they were raped to begin with. So just moving her from the Mayes County jail to the Rogers County jail, it doesn't do anything other than make it worse."
Court records show the woman was arrested and taken to the Mayes County jail on Nov. 14 to face charges of fraud and forgery.
McHugh says she suffered a seizure and was taken to the Mayes County Medical Center for Treatment.
Investigators say Peters was supposed to be watching her in the hospital when he entered her room and raped her in the shower.
They say she then passed out from her medication and when she woke up Peters was on top of her, raping her again.
Court records show that Peters admitted to investigators that he raped the woman, saying she was flirting with him and it was a moment of weakness.
McHugh has filed a civil rights lawsuit against the Mayes County Board of Commissioners asking for at least $75,000.
He says the county needs to change its policies regarding female inmates and male guards.
He also says the sheriff's department needs to be more responsible with the people it hires to man the jail.
"She's still a human being and still a person entitled to constitutionally be treated just the same as everybody else, and if they can do it to who is in jail, they can do it to anybody else," McHugh said.
McHugh says he's frustrated because the woman's bond was set at $95,000 and she can't afford the 10 percent to get out, while Peters' bond was set at $50,000 and he has since bonded out of jail.