Sexual Misconduct in Correctional Facilites, Jails and Juvenile Detentions Facilities

1. Sexual MisconductInJails and Correctional Facilities Your Corrections Unit 6/2/2009 1

2. On The following slide is a Statement of Glenn A. Fine Inspector General U.S. Department of Justice before the National Prison Rape Elimination Commission June 14, 2005

3. “In fiscal years (FY) 2003 and 2004 (from October 1, 2002, to September 30, 2004), the OIG received 16,900 allegations of misconduct throughout the entire Department of Justice (not just the BOP). Of these total allegations, 10,150, or 60 percent, involved BOP employees and contractors. Of the total complaints, the OIG opened 862 investigations. Approximately 513, or 60 percent, involved the BOP. In terms of total numbers of sexual abuse complaints involving the BOP, in FYs 2003 and 2004, the OIG received 658 allegations of inappropriate relationships or sexual abuse of inmates. The following graph depicts the number of all types of allegations received by the OIG from FY 2003 to FY 2004 regarding the BOP.” Quoted from the U.S. Dept Of Justice website: http://www.justice.gov/oig/testimony/0506a/

4. BOP Abuse Allegations Received by the OIG from October 1, 2002, to September 30, 2004 Graph copied from the U.S. Dept Of Justice website: http://www.justice.gov/oig/testimony/0506a/

5. Statistics(cont.) According to the Department of Justice reports, “half of the inmate incidents of sexual violence against other inmates involved physical force or threat of force. In more than 2/3 of such incidents, the sexual violence occurred in the victim’s cell or living area.” U.S. Dept Of Justice

6. FACT “Sexual misconduct is about more than sex. Sexual misconduct is a wide range of inappropriate behaviors, associated more with the exercise of “power” than to the sex act.” Center for Innovative Public Policies, Inc. ~ Policy Development Guide for Sheriffs and Jail Administrators ~ August 2002

7. According to the U.S. Department of Justice “In custodial settings, inmates are not capable of “consenting” to sex with staff, just as those individuals with diminished mental capacity and juveniles are deemed unable to “consent.”” US Department of Justice

8. Staff Sexual Misconduct “Two-thirds of the incidents of staff sexual misconduct with inmates were reported to be romantic in nature. Fewer than 15 percent of the substantiated incidents involved physical force, abuse of power or pressure by staff.” “In local jails, 78 percent of the victims were female and 87 percent of the perpetrators were male.” “Most substantiated incidents of staff sexual misconduct and harassment involved correctional officers (69 percent).” Nearly 90 percent of the perpetrators of staff sexual misconduct were arrested, referred for prosecution or terminated by their employer. U.S. Dept Of Justice, 2009

10. Making verbal sexual innuendoes

11. Telling jokes of a sexual nature in the presents of others not wanting to hear them

12. Refusing a promotion to a deserved employee after being refused sexual favors

14. Sexual Assault Sexual assault is anysexual touching or contact, including but not limited to rape, sodomy or unlawful touching of an unwilling person. Center for Innovative Public Policies, Inc. ~ Policy Development Guide for Sheriffs and Jail Administrators ~ August 2002

15. Sexual Harassment Sexual harassment includes, but is not limited to, all of the following, whether by staff, volunteers, contractors, other agency representatives, or inmates: sexual advances; sexually offensive language, comments or gestures; influencing, promising or threatening any inmate’s (or staffs’) safety, custody status, privacy, housing, privileges, work or program status, in exchange for personal gain or favor of a sexual nature; creating or encouraging an atmosphere of intimidation, hostility or offensiveness as perceived by any individual who observes the sexually offensive behavior or language. Center for Innovative Public Policies, Inc. ~ Policy Development Guide for Sheriffs and Jail Administrators ~ August 2002

16. Sexual Misconduct Sexual misconduct is any behavior or act of a sexual nature directed toward an inmate by an employee, volunteer, visitor, contractor, or agency representative. This includes acts or attempts to commit such acts including, but not limited to, sexual assault, sexual abuse, sexual harassment, sexual contact, sexual gratification, conduct of a sexual nature or implication, obscenity and unreasonable invasion of privacy. Sexual misconduct also includes, but is not limited to, conversations or correspondence that suggests a romantic relationship between and inmate and any party referenced above. Misconduct can also involve inappropriate viewing.

17. Sexualized Work Environment A Sexualized Work Environment as a work environment in which the behaviors, dress, and speech of either staff and/or inmates create a sexually charged workplace. Sexually explicit talk, inappropriate emails, posted cartoons, jokes, or unprofessional dress characterizes a sexualized work environment. In a sexualized work environment, often staffs’ off-duty behaviors, dating, and other activities intrude into the everyday work environment. In a sexualized work environment talk or actions have sexual overtones. A sexualized work environment severely erodes the professional boundaries between staff, and consequently between staff and inmates. Center for Innovative Public Policies, Inc. ~ Policy Development Guide for Sheriffs and Jail Administrators ~ August 2002

19. Favoritism – allowing special rights or privileges to a specific inmate (e.g. allowing them to be out longer than other inmates when there is no justification)

20. Handing out extra food rations or favorite beverages to “deserving” inmates

21. Spending more time with a specific inmate rather than equal time with all inmates

22. Staff in personal crisis (divorce, ill health, bankruptcy, death in family)

24. Resources and Bibliography U. S. Department of Justice National Institute of Corrections 320 First Street, NW Washington, D. C. 20534 Morris L. Thigpen Director Larry Solomon Deputy Director Allen Ault, Ed.D. Chief, Special Projects Division _______________________________________ National Institute of Corrections World Wide Web Site http://www.nicic.org ________________________________________ Created By Professional Business Media Creations, Salina, Ks. USA All Rights Reserved