Ethics in Corrections-Prison Rape
I have been sexually assaulted twice since being incarcerated. Both times the staff refused to do anything except to lock me up and make accusations that I'm homosexual and that if I pursue legal action they'd ship me and both times they did. — J.G., Florida, 9/4/96
Prison rape, otherwise called jail rape can be defined as any act of sexual violence committed against an inmate whether by an inmate or a staff member. For the purpose of this discourse, the emphasis will be placed on the latter.
In 2003, The Prison Rape Elimination Act (PREA) was passed to analyse sexual assault crimes committed in prison and offer support services to inmates.
Prison rape being executed by staff is a direct contradiction to the duties that they were ordained to execute. Correctional Officers have a duty of care to the inmates that they are charged with protecting and rehabilitating. In this case, we can see there is an abuse of power issue evident as they extort the superiority-inferiority complex where a subordinate is extorted by their superior.
Duties of Correctional Officers include:
1.Enforce Rules and Keep Order
2.Supervise the Activities of Inmates
3.Search for Contraband Items
4.Inspect Facilities to Ensure That They Meet Standards
5.Report on Inmate Conduct
6.Aid in Rehabilitation and Counseling of Offenders
In 2011, correctional administrators reported 8,763 allegations of sexual victimization in prisons, jails, and other adult correctional facilities. About half (51%) involved allegations of nonconsensual sexual acts or abusive sexual contacts of inmates with other inmates, and a half (49%) involved staff sexual misconduct or sexual harassment directed toward inmates.
The rates of prison rape by staff can be owed to the existence of prison subcultures and can be understood by the labelling theory. Prison subcultures condone rape culture as they normalize leaders exerting power within the internal ecosystem therefore leaders of gangs and inmates that execute rape and will be acting out of right as they are high in the food chain. The issue of consensual and coerced sex between the inmate and staff has been a constant debate as the power disparity causes a stir. The power disparity makes the question of consent look blurred as the power of the staff may be a coercive force in itself therefore granting consent to someone in a socially restricted sense cannot be achieved. This begs to question if there is a lack of proper consent doesn't this consist of rape?
Recommendations
KEEP PEOPLE OUT OF PRISON!!!
Ameliorating systematic conditions that lead to prison rape such as over-incarceration, overcrowding, lack of proper inmate classification, and a prison ‘code of silence. This will limit the existence of vulnerable groups which are more exposed to victimization. This includes young men and women, transgender people, gay men., those convicted of non-violent crimes, those with a history of mental illness and those with intellectual disability.
Declaring rape prevention as a high priority issue by developing and implementing protocols and procedures designed to effectively respond to sexual abuse in detention while protecting the safety of victims.
Increased accountability of correctional officers/managers and those employed in the organization. Ensure that confidential counselling is available to those who have experienced sexual assault and doest turn to stigma or discrimination.m -++`
References
Beck, A. J., Ph.D., Rantala, R. R., & J. (2014). Sexual Victimization Reported By Adult Correctional Authorities, 2009-11. Bureau of Justice Statistics. Retrieved April 19, 2021, from https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4882.
CorrectionalOfficer.org. (n.d.). What are the duties of a correctional officer? Retrieved April 20, 2021, from https://www.correctionalofficer.org/faq/correctional-officer-job-description
McGuire, M. D. (2005). Impact of prison rape on public health. Californian Journal of Health Promotion, 3(2), 72-83. doi:10.32398/cjhp.v3i2.1765
