Sexual abuse of female inmates

Custodial Abuse

This issue has been most prevalent as it relates to male prisoners preying upon other male prisoners. However, in recent years the prevalence of sexual abuse among female inmates has greatly increased. This abuse is often from corrections officers but also happens between prisoners. The purpose of this discussion is the examine the history and impact of sexual abuse of female inmates.

For many years, the sexual abuse of inmates has been concerned with male inmates and the sexual abuse they suffer at the hands of other male inmates. However, in recent years researchers have began to examine the sexual abuse of women in prison.

According to an article published in the William and Mary Law Review the sexual abuse of female inmates by Bureau of Prisons Personnel (corrections officers) is a serious problem. This problem also referred to as custodial sexual abuse is present throughout United States prisons. The article asserts that Women [prisoners] complain of male corrections officers refusing to leave their cells so they can dress, caressing their breasts and other parts of their bodies, pulling down their pants in front of them, touching themselves, making lewd and offensive comments, following them around the facility, assigning them to their offices as clerks, watching them use the bathroom and shower, coming on to the unit without warning of their presence, and frequently promising them favors and presents for sexual activity."

One of the most comprehensive studies concerning sexual abuse of female inmates came in 1997, when Baro researched the chronic problems of custodial sexual abuse in a small women's prison in Hawaii. Baro was able to interview female inmates and also found court and prison records detailing the abuse of inmates. The research found that in Hawaii between 1982 and 1994, there were 38 cases of custodial sexual abuse. Of the thirty-eight cases, thirty cases involved male and eight involved female corrections officers.2 These alleged abuses included unwanted pregnancies, forced intercourse, and a prostitution ring in a hotel located close to the prison.2 Baro concluded that many female inmates, were vulnerable because of drug addiction, and served as easy targets prison staff.2

The author points out that sexual abuse of female inmates is an issue in both federal and state prisons. The abuses against female inmates occur from both male and female corrections officers1. The article goes on to explain that in recent years the legal profession, the media and corrections facilities have begin to pay more attention to this problem. There are many reasons why increased attention is being paid to this problem including the history of sexual abuse that most female inmates have endured before coming to prison. Statistics vary on the exact number of female inmates that have suffered through sexual abuse or domestic violence before going to prison. However, it is believed that between forty eight and eighty eight percent of incarcerated women in America have been abused.1 According to the article, the American Correctional Association has found that most female inmates were sexually abused when they were between the ages of five and fourteen.1 The abuser is most often a male family member and because of the abuse suffered, many female inmates are afraid of their male guards.

The article reports that past abuse causes the women to be hypersensitive and leaves them more vulnerable to be attacked while incarcerated.1 The article asserts that history of sexual abuse has an enormous impact on how these women respond to incarceration. Through their relationships with male guards, women who have experienced sexual abuse often re-live the trauma and suffer flashbacks of prior abuse, particularly when the male guards search them and perform pat-frisks.(101) Incarcerated women respond to abusive male authority in prison in the same manner as they did before their confinement in prison. "The women are so needy and in need of love, they are set up for oppression. The only way they know is to exchange their bodies [to meet this need]."1

Additionally the article notes that these institutions are paying more attention to this issue because many of the crimes go unreported and when they are reported the punishment of officers is usually minimal. Within the federal prison system, it is illegal for a corrections officer or other prison officials to have sex with an inmate, whether the act is consensual or not. However, within the federal system consensual sex between prison employees and inmates is considered a misdemeanor. However, within in state prisons sex with an inmate is considered a felony. The article explains that although the sexual abuse of female inmates is known to cause serious harm, the penalties, especially in federal prisons, "hinder the deterrent effect of these laws."3

Many inmates do not report such abuses because they believe their will be retaliation from inmates or other prisoners. In addition, many of the abuses occur in the absence of witnesses. The author also contends that the main reason for not reporting sexual abuse is the structure of the prison system. 1 The corrections officers are in a position of power and authority and the inmates are reliant upon them for their basic needs. This creates an environment where corrections officers can intimidate inmates and take advantage of their vulnerability.1

According to an article published by Human Rights Watch, the problem of sexual abuse of female inmates has become a more pronounced problem in recent years because of the increase in the number of female prisoners and an increase in the number of male corrections officers guarding prisoners. The article explains that One of the main factors contributing to sexual misconduct in U.S. state prisons is that the U.S., in violation of international norms, allows male officers to serve in positions that involve constant physical contact with female prisoners. Thus, the increased number of women in U.S. state prisons are more often than not being guarded by men. In fact, in many women's facilities male officers outnumber their female counterparts by two, and sometimes three to one."

The sexual abuse of female inmates also comes from other inmates. Just as in male prisons, female prisoners often prey on other prisoners for sexual favors. In some cases female inmates have even been raped by other female inmates. According to an article published in the Journal of Sex Research explains that while this type of sexual abuse is not as common among female inmates when compared to male inmates, it does occur. The research asserts that female inmates are often confronted with the sexual advances of other inmates.2 The research describes an inmate observer who gave an account of a violent rape perpetrated against her by other female inmates. However, research has found that rape is the least common form of sexual behavior amongst female inmates. In addition, when rapes are perpetrated they usually involve more than one perpetrator who are usually hold some grudge toward another inmate. According to research conducted by Greer (2000) when interviewing 35 female inmates in a Midwestern prison concerning their interpersonal and sexual relationships the researcher found that most of the sexual interactions among inmates were brought about by game playing and economic manipulation.2

Impact

The impact of the sexual abuse of female inmates upon corrections can be devastating. According to an article found in the Washington Times, sexual abuse of female inmates leads to corruption amongst the staff. In addition, such abuse can result in the introduction of contraband and make the Bureau of Prison personnel liable both criminally and civilly.3

However, the most detrimental effect is that the sexual abuse of inmates hampers the rehabilitation efforts. It is important to remember that most inmates will eventually complete their sentences or be released early; when an inmate is sexually assaulted while in prison it makes it more difficult for her on the outside.3 Difficulty adapting to life outside of prison often causes the person to become frustrated and return to a life of crime. This will inevitably lead them back to jail where the cycle starts all over again. This also causes the over population of prisons and contributes to the problem of having to hire male guards that may have predatory agendas.

In addition to the aforementioned implications, corrections facilities may have to begin to be more active in understanding the psychological mindset of female inmates. In addition, research has indicated that Women with a history of prior abuse who are sexually victimized in custody "suffer psychological symptoms or an exacerbation of their symptoms," including depression and the development or worsening of post-traumatic stress disorder, Newkirk added. Like other forms of sexual activity behind bars, custodial sexual misconduct also poses a risk for spreading sexually transmitted diseases and for unwanted pregnancy."

Indeed the spread of HIV / AIDS and unwanted pregnancies are issues that greatly impact corrections facilities when the abuse of female prisoners is allowed to occur.

The aforementioned research explains that most inmates have been abused before entering prison. If the problem of sexual abuse is to be eliminated in prisons state and federal governments must begin to examine further the dynamics of inmate/officer relationships. In the end this may require a campaign to recruit more female corrections officers and eliminate or reduce greatly the presence of male officers from female facilities. Because of past abuses, the presence of male officers may cause many psychological obstacles for female inmates even if the officers are not sexually abusing inmates.

Summary

The increase in the female inmate population coupled with the increase in the violent nature of crimes being committed by women has caused corrections organizations to hire male guards. On the one hand, the male guards have the physical strength to subdue a violent or aggressive inmate. On the other hand male guards can also serve as very intimidating figures in a population where the majority of the women have been sexually or physically abused before coming to prison. Prior abuses cause these women to be more vulnerable and more likely to be preyed upon by staff. In addition, all corrections officer whether they be male or female, possess a huge amount of authority and power over the inmates.

This authority is necessary but when it falls into the wrong hands, it can be used to coerce or force inmates into performing sexual acts.

Additionally the research asserts that female inmates also prey on other female inmates. The findings suggest that the prison environment can make women more aggressive. It should also be noted that the increased aggression may also be caused by abuse by corrections officers which can cause their victims to become aggressive towards other inmates.

The impact of sexual abuse of female inmates upon corrections facilities is profound. One serious problem is the spread of contraband. Quite often in return for sexual favors corrections officers provide their victims with drugs and other items that prisoners are not supposed to possess. This creates an environment inside the prison in which illegal and legal drugs become readily available to the entire prison population.