An April 2023 New York Time article highlighted the decades long pattern of abuses by a Mississippi Sheriff. Reading the article left me disturbed on many levels – but I could not decide which upset me more: the Sheriff’s deplorable behavior or the fact that no one believed the victims.
The Times article revealed that it was well-known that those in charge of the facility were doing something wrong. I struggle to accept that we live in a society where the norm is to “look the other way” and not intervene to stop abusive behavior.
People in prison need to be protected. The Prison Policy Institute reports that the incarcerated experience violence and trauma at alarming rates. But many fail to report abuse because of fear of retaliation – a reality that has been well-documented. Another reason people don’t report abuse: abusers are protected by the system.
Sexual abuse in detention is a widespread, systemic problem and widely underreported. A recent Urban Institute report found that survivors of prior sexual violence, people with behavioral health needs, and LGBTQ+ people experience disproportionate rates of sexual violence in correctional facilities. Sadly little is done to protect at-risk groups of incarcerated individuals.
The American Civil Liberties Union National Prison Project works to “increase public accountability of jails and prisons and end cruel, inhuman, and degrading conditions of confinement”. Their work is critically important – given it is so difficult to hold people accountable for rapes and assaults that take place behind bars.
There work is great but must be done to ensure the safety and wellbeing of the incarcerated. Those efforts must include enforcement of legislation and policy. The Prison Rape Elimination Act (PREA) was introduced in 2003 yet a 2022 Senate investigation found widespread sexual abuse of women in prison. Drafting and passing a law is only the first step in a long process of ensuring government accountability. It’s what’ happens after the laws are passed the change practice.
More must be done to strengthen oversight powers. While the US Department of Justice can investigate the rights of persons confined to jails and prisons run by states and local governments, few cases have resulted in federal charges. Given the ever-increasing instances of correctional officer brutality, it seems that federal oversight is not an effective deterrent.
While prisoners in federal custody do have rights and responsibilities, it’s unclear how these rights are safeguarded. Remedies like “early release” are a welcome relief for the victims, but do little to address the root cause of the problem. Likewise, sentencing a former Warden to 70 months in prison does not change culture and daily operations at a facility. Three years later, the same problems remain.
Something that can help: expanding training, creating accountability systems and improving facility management. The benefits training and oversight of correctional staff have been clearly documented. Training curricula exist; the challenge lies with ensuring their systematic implementation. The key to solving that challenge is expanding the number of individuals and organizations sharing responsibility for that effort. More programs like American University’s Project on Addressing Prison Rape are a step in the right direction.
The other part of the solution: make it easier for incarcerated individuals to report abuse and seek assistance. But recent legislation seems to be going in the other direction. The Prison Litigation Reform Act (PLRA) placed new restrictions on the ability of prisoners to file lawsuits based on the conditions of their confinement. TheACLU maintains that PLRA only further “hampers prisoners’ ability to bring legitimate complaints and undermines attempts to end custodial sexual abuse”.