Improving treatment of women offenders during sentencing

Treatment of Women Offenders: The Problem

The issue of the treatment of Women offenders when they are sentenced requires knowledge not only of the process which incarceration necessitates but also an in-depth understanding and knowledge of other related factors. These may include psychological and emotional aspects as well as physical and social issues. These issues constitute a complex problem area that has been discussed to varying degrees in numerous studies and reports.

There are many suggestions and ideas as to improving the conditions and situation of women entering correctional facilities. However, this paper will attempt to elucidate and detail the extent of the problematic areas which affect women offenders entering prison. The paper will also ascertain from literature the central focal areas where problems exist and the severity of these specific problems. In terms of methodology, a wide and extensive range of sources were consulted. These include online sources, databases, books, journals and newspaper reports. It was felt that the most comprehensive and timely sources were needed in order to ascertain the contemporary extent of problems experienced by women entering prison.

2. General Issues

Women entering prison are subjected to numerous pressures and problems. In the course of this study it was found that it is essential to always consider these problems from a holistic point-of-view. In other words, the problems that women experience are interconnected with one another and cannot be artificially separated. For example, the woman who enters prison will often have a family and children and this exacerbates the problems that she might experience within prison. Therefore it was felt that this paper should be especially aware of the interconnectedness of the various problem areas that may impinge on and affect another.

Statistics concerning female inmates in the Untied States are also indicative of the problem areas that are most prominent. Present statistics indicate that over 1.7 million people are incarcerated in the United States of which two-thirds are held in federal and state prisons and the others in local jails. (RETALIATION AGAINST WOMEN in MICHIGAN STATE PRISONS)

During the 1980's there was a radial change in the female prison population. "In 1980, there were just over 12,000 women in U.S. state and federal prisons. By 1997, that number had increased to almost 80,000. In about a decade and a half, the number of women incarcerated in the nation's prisons had increased sixfold."

Chesney-Lind) a recent study alarmingly states that "if the jail population continues to grow at the current rate, by the year 2053 the U.S. will have more people in jail than out. (Schwartz C.) There are now 150,000 women incarcerated in U.S. prisons and jails. (ibid) According to the U.S. Bureau of Justice Statistics, the rate of incarceration among women is growing at a faster pace than that for men. "From 1986 to 1996 the U.S. saw an 888% increase in the number of incarcerated women. Since 1990 the number of female defendants convicted of felonies in state courts has grown at more than two times the rate of increase among males." (Ketcham L)

The fact that there has been such a radical increase and growth in the female prisoner population is an important factor and immediately suggests that there will be an increase in the problems that these women experience. This is particularly the case with regards to issues like health care, which will be discussed below. Statistics also show that "...the vast majority of these women are incarcerated for non-violent crimes, such as drug offenses, property crimes, and prostitution." (ibid) This is another factor which will have a bearing on the following discussion. An important statistic with regard to this paper is that "... half of all female prisoners have experienced some form of sexual and/or physical abuse prior to incarceration." (ibid) This is another fact which produces a wide range of problems for those entering prison. The fact that "more than two-thirds of women in prison have children under the age of eighteen, and among them, 75% (versus 10% for men) are the sole custodial parent," (ibid) is a further indication of where the problem areas for female prisoners might lie.

Those entering prison for the first time are usually the most prone to abuse and problems areas. The group that has been identified as suffering the most from ill treatment when entering prison are young, first time offenders and those with mental disabilities...." (ibid)

Lesbian and transgender prisoners also often suffer disproportionate abuse by other prisoners as well as prison staff.

Literature on the topic reveals a wide range of issues from psychological to physical maltreatment of prisoners. There are also a host of extenuating and exacerbating factors such as married women who leave children outside and pregnant women entering the prison system.

Physical and sexual abuse

There is a large body of research material that refers to the problems of sexual as well as other forms of abuse that new prisoners have to endure. The Human Rights Watch released a report entitled All Too Familiar: Sexual Abuse of Women in U.S. State Prisons, (1996) which documented pervasive sexual harassment and abuse by both guards and other employees in various correctional facilities throughout the United States. This report "exposed the failure of states to respond to women's reports of sexual abuse and harassment." (RETALIATION AGAINST WOMEN in MICHIGAN STATE PRISONS) the report indicates that the problems of sexual abuse for those women entering prison were due to two central factors: namely that "... states failed to conduct impartial investigations of allegations of sexual abuse, and they further failed to protect women who reported these abuses to prison authorities, leaving them vulnerable to retaliation by guards. (ibid)

Since this report was published the Human Rights Watch has "continued to receive reports of sexual abuse of and retaliation against women incarcerated in jails, state prisons, and federal prisons." (ibid)

The report also indicates that there may be cases where prison staff may retaliate against women who protest and seek legal aid and advice to protect themselves. The report states:

We have been particularly disturbed by reports of an apparent campaign by some corrections officers of retaliation against several of the women in Michigan prisons who are active in the ongoing civil litigation against the Department of Corrections alleging widespread sexual abuse by guards and staff. (ibid)

The above is a particularly worrying aspect as it directly impacts on the treatment of women prisoners and their democratic right to seek assistance from abuse. This is an area of concern as it involves the interference of prison staff in the process. The report also illustrates the experience of women entering correctional faculties.

As reported in All Too Familiar, being a woman prisoner in a U.S. state prison can be a terrifying experience. If you are sexually abused by a prison staff person, you cannot escape from your abuser. Grievance or investigatory procedures, where they exist, are often ineffectual, and corrections employees continue to engage in abuse because they believe they will rarely be held accountable, administratively, civilly, or criminally. Few people outside the prison walls know what is going on or care if they do know. Fewer still do anything to address the problem. (ibid)

Another disturbing fact was that "nearly every woman... interviewed reported various sexually aggressive acts by guards." (ibid) the Justice Department investigation that resulted found as well that women in some prisons had been "raped, sexually assaulted, subjected to groping and fondling during pat-frisks, and subjected to improper visual surveillance by guards in violation of the legitimate privacy interests of the women." (ibid)

This report is substantiated by many other reports and studies. For example, "women in prison have experienced far higher rates of physical and sexual abuse than their male counterparts. 43% of women surveyed reported they had been abused at least once before their current admission to prison." (Schwartz C.)

Psychological problems

There are a large percentage of women who enter prison with some form of mental illness, or co-ordination problems, According to Bureau of Justice Statistics (1999c)," nearly 8 in 10 female mentally ill offenders reported prior physical or sexual abuse." (ibid)

This is an important factor as the link between mental illness and sexual abuse can lead to further and even more serious problems. A number of studies also mention that a prison environment is not a suitable place for those with a mental illness. "Prisons are an inappropriate place for persons with mental disabilities because of the primacy of security as the objective of the prison authorities; the stress caused by such an environment and the lack of effective mental health services. (Federal/Provincial/Territorial Review of Services Affecting Canadians with Disabilities.)

There are also other studies which have found that the prison environment exacerbates mental health concerns. The following is a report on Canadian prisons:

With respect to women in particular, SIS, CAEFS and many others who work with women in prisons within Canada and internationally, believe that the prison environment as a whole, particularly the purposes and priorities of CSC, staff interactions and prisoner isolation creates and exacerbates women's mental health concerns. CAEFS takes the position that women with mental health problems do not belong in prisons and that the treatment, support and assistance they need should be provided to them in the community, rather than in prison.

Recommendation #2)

The above statement clearly outlines central problem areas that should be the focus of investigation. As this study and others emphasize, women who enter prison with mental issues and problems require intensive support. However, this is at present not the case and many women prisoners who suffer from mental problems are not afforded the necessary support and adequate intensive therapy. Some critics also suggest that alternatives be investigated for women with mental issues. "... The public need for the appearance of retribution may deter government from considering alternatives to sentencing persons with mental disabilities to imprisonment." www.elizabethfry.ca/submissn/dawn/17.htm" (ibid)

Another factor which relates to mental and psychological issues is that women experience stress by being confined in an institution with mainly male authority structures. One issue that has only recently been studied is post-traumatic stress within prisons. A woman entering prison may experience extreme states of stress which can lead to further psychological problems. "A woman's first symptoms of post-traumatic stress syndrome may be encountered here, something not considered for either sex until recently, and then mistakenly thought to be confined to combat veterans. "

Ross and Lawrence)

Women with prior problems

Many women who enter prison bring with them various problems that are in fact exacerbated within prison and can lead to treatment problems. The statistics are alarming in this regard... "most women are in jail as a direct result of drug and alcohol addiction." (Schwartz, C.) and "the number of women under correctional supervision has increased by 71.8%; and drug offenders were the largest source of growth. (ibid)

Another factor is that many women who enter prison have been subjected to prior physical or sexual abuse. This in turn increases problems associated with entering the prison system. Recent studies of female inmates in the U.S. reveal that a significant number of women have a history of prior physical and/or sexual abuse. (RETALIATION AGAINST WOMEN in MICHIGAN STATE PRISONS) Statistics also show that prior physical and sexual abuse is high for many women entering prison.

Nearly 6 in 10 women in State prisons had experienced physical or sexual abuse in the past; just over a third of imprisoned women had been abused by an intimate in the past; and just under a quarter reported prior abuses by a family member. (Women Offenders: Bureau of Justice special report)

As these and other studies point out, the most important aspect for those suffering from the effects of sexual or physical abuse in an environment which is conducive to the process of psychological healing. Women with these histories of abuse may also suffer from post-traumatic stress as well as self-esteem issues. The sexual abuse often encountered within prison serves only to increase the suffering of those women with prior histories. As one study clearly states:

It is difficult enough for a woman with no history of abuse to cope with sexual assault. It is potentially devastating for a woman with a history of abuse to be abused again. For women with or without a history of abuse, to be punished for reporting the abuse is to be made acutely aware of one's powerlessness and vulnerability. Several of the women we interviewed had suffered serious psychological harm as a result of having been abused in prison.

In a recent survey of the problems facing women entering correctional facilities Amnesty International states that "the federal government should establish an inquiry into mental health services for women in jails and prisons, including the use of psychotropic medications." (Ketcham L.) a study also adds that abused women inmates often exhibit histories of long duration involving multiple episodes at the hands of fathers, husbands, boyfriends and strangers, and this abuse is often directly linked to the offenses for which they find themselves in jail.

Ross and Lawrence)

Mothers and pregnant women

As numerous studies point out, "one of the most serious pains of imprisonment for a mother is to be separated from her children. Even if her relationships with her children were less than ideal when she was in the community, she may develop unrealistic memories of that time."

Morton and Williams, p.98)

This is an especially troubling area as mothers are incarcerated they leave numerous problems and concerns outside the prison walls, which may have a negative influence on the prisoners' mental and emotional state. The situation is often even worse for pregnant women who are admitted to prison. Interestingly it was found that allowing women have their children in prison, many of the problems associated with separation anxiety were reduced. This was the case in 1890 when Mattie Scott was sentenced to the Missouri State Penitentiary. The judge allowed her to take her four-month year old baby to jail with her. "The administration noticed a difference in the other women convicts after being exposed to this child; they became much calmer and gentler and less likely to break the rules. Even the most vicious women softened perceptibly with a baby in their midst. " (MISSOURI DEPARTMENT of CORRECTIONS) the issue of separation may be traumatic for women and increases instability and tension within the institution.

Mothers who are primary caregivers also form a relatively high statistic and this creates serious problems not only for the mother on entering prison but also for the children who have lost their caregiver. This in turn exacerbates women prisoners' anxiety and psychological trauma.

Many mothers were the primary caregivers just prior to arrest," says Dee Ann Newell, executive director of Centers for Youth and Families in Little Rock, Ark., making rising incarceration rates among women even more alarming. The number of women in prison has increased 106% since 1990, doubling the number of children with mothers in prison. According to Newell, the 685 women housed in the Ronald McPherson Correctional Facility for women in Arkansas have a total of nearly 1,500 children who are minors.

Bilchik, Seymour and Kreisher)

The situation where mothers leave their children is strongly related to the issue of mental health and most studies find a negative correlation in this regard. For example, there has been a measured increase in depression and anxiety disorders among mothers over time. Anxiety disorders predominated among incarcerated mothers and grew proportionately over time. "A high prevalence of depression was found among... mothers..."

Ross and Lawrence)

Furthermore incarceration may mean that mothers have extreme difficulty in maintaining a relationship with their children.