Awareness and PressuresAwareness and Pressures

Investigating Allegations of Staff Sexual Investigating Allegations of Staff Sexual Misconduct with OffendersMisconduct with Offenders

July 10-15, 2005July 10-15, 2005

Training ObjectivesTraining Objectives

Participants will identify reasons for the Participants will identify reasons for the emergence of staff sexual misconduct with emergence of staff sexual misconduct with offenders as an issue of concern for offenders as an issue of concern for corrections agenciescorrections agencies

Participants will understand how the factors Participants will understand how the factors impact investigation and responding to SSM by impact investigation and responding to SSM by agencies and societyagencies and society

Participants will become aware of major reports Participants will become aware of major reports addressing SSM with offendersaddressing SSM with offenders

AwarenessAwareness Increased incarceration, especially of womenIncreased incarceration, especially of women Escalation of numbers of staff hiredEscalation of numbers of staff hired Increased use of and awareness about community Increased use of and awareness about community

corrections corrections Rise in legislationRise in legislation Increased litigationIncreased litigation Increased studies done about abuse of offendersIncreased studies done about abuse of offenders Comparison to coverage of similar abuses in other Comparison to coverage of similar abuses in other

institutionsinstitutions Passage of the Prison Rape Elimination Act of 2003Passage of the Prison Rape Elimination Act of 2003 Media coverage focusing more on women in the Media coverage focusing more on women in the

criminal justice system criminal justice system

Internal Factors: Internal Factors: Increased IncarcerationIncreased Incarceration The total estimated correctional The total estimated correctional

population in 1980 was 1,840,400; in population in 1980 was 1,840,400; in 2003 it was 6,889,800 2003 it was 6,889,800

In 1990 44, 065 federal inmates were In 1990 44, 065 federal inmates were female; in 2003 female federal inmates female; in 2003 female federal inmates numbered 101,179 numbered 101,179

108,931 juveniles were in correctional 108,931 juveniles were in correctional facilities in 1999facilities in 1999

Internal Factors: StaffInternal Factors: Staff

TrainingTraining Increased need for staff: As incarceration rates Increased need for staff: As incarceration rates

rise so does the need for staffrise so does the need for staff Pre-mature advancementPre-mature advancement Staff turn-overStaff turn-over Hiring Practices Hiring Practices

In 2000, there were roughly 430,033 In 2000, there were roughly 430,033 correctional staff members (federal, state, and correctional staff members (federal, state, and private), 1 staff for every 16 offenders private), 1 staff for every 16 offenders

Internal Factors: Internal Factors: Community CorrectionsCommunity Corrections

In 1993, 2,903,061 U.S. adults were on In 1993, 2,903,061 U.S. adults were on probation and 676,100 were on paroleprobation and 676,100 were on parole

In 2003, 4,073,987, U.S. adults were on In 2003, 4,073,987, U.S. adults were on probation and 774,588 were on paroleprobation and 774,588 were on parole

External Factors: Rise in External Factors: Rise in LegislationLegislation

Sexual misconduct in prisons is defined as a misdemeanor.Sexual misconduct in prisions is defined as a felony.

Sexual misconduct in prisons is defined as a felony or mis-demeanor, according to the nature and severity of the assault.

No laws criminalizing sexual misconduct in prisons.

Law Enacted1987

Law Enacted1986

Law Enacted1958

Law Enacted1974

Law Enacted1983

Law Enacted1986

Law Enacted1985

Law Enacted1988

Law Enacted1988

Law Enacted1987

Law Enacted1986

Law Enacted1981

Law Enacted1983

Law Enacted1978

Law Enacted1983

La w Ena cted 1983,Amended in 1995-removing necessarylanguage.

L a w E n a c t e d 1 9 89

Law Enacted1983

M

M

WASHINGTON, DC

State Criminal Laws Prohibiting Sexual Misconduct with Offenders in 1990National Institute of Corrections

Source: 1997, Fifty State Survey of Criminal Laws Prohibiting Sexual Abuse of Prisoners, Brenda V.Smith, National Women’s Law Center.

External Factors: External Factors: LitigationLitigation

Amador v. NY State Department of Correction ServicesAmador v. NY State Department of Correction Services (S.D.N.Y. 03 Civ. (S.D.N.Y. 03 Civ. 0650)0650)Suit was filed in behalf of individual current and released women inmates Suit was filed in behalf of individual current and released women inmates for injunctive and declaratory relief and monetary damages for sexual for injunctive and declaratory relief and monetary damages for sexual abuse in New York state prison.abuse in New York state prison.

Lucas v. WhiteLucas v. White (F. Supp. 2d 1046 1999) (F. Supp. 2d 1046 1999)In Dublin, California, three female inmates were awarded In Dublin, California, three female inmates were awarded

$500,000 in damages after male staff from the men’s security unit “sold $500,000 in damages after male staff from the men’s security unit “sold them as slaves to male inmates.”them as slaves to male inmates.”

Women Prisoners of the District of Columbia Department of Corrections Women Prisoners of the District of Columbia Department of Corrections v. District of Columbiav. District of Columbia (D.D.C. 1994) (D.D.C. 1994)

The Court ordered that the District of Columbia to adopt order The Court ordered that the District of Columbia to adopt order prohibiting prohibiting sexual harassment involving employees and female sexual harassment involving employees and female inmates, to take appropriate steps to prevent and remedy sexual inmates, to take appropriate steps to prevent and remedy sexual harassment, to provide harassment, to provide diagnostic evaluations for women prisoners as diagnostic evaluations for women prisoners as they provide for.they provide for.

External Factors: StudiesExternal Factors: StudiesThe 90’sThe 90’s

Sexual Misconduct in Sexual Misconduct in Prisons: Law, Agency Prisons: Law, Agency Response, and PreventionResponse, and Prevention (DOJ/ NIC, 1996)(DOJ/ NIC, 1996)

U.S. Women in Prison: Sexual U.S. Women in Prison: Sexual Misconduct by Correctional Misconduct by Correctional StaffStaff (GAO, 1999) (GAO, 1999)

Women in Prison: Issues and Women in Prison: Issues and Challenges Confronting U.S. Challenges Confronting U.S. Correctional Systems Correctional Systems (GAO, 1999)(GAO, 1999)

Not Part of My Sentence, Violations of Not Part of My Sentence, Violations of Human Rights of Women in CustodyHuman Rights of Women in Custody(Amnesty International, 1999)(Amnesty International, 1999)

Integration of the Human Rights of Integration of the Human Rights of Women and the Gender Perspective: Women and the Gender Perspective: (United Nations, 1999) (United Nations, 1999)

All Too Familiar: Sexual Abuse of All Too Familiar: Sexual Abuse of Women in U.S. State Prisons,Women in U.S. State Prisons, (Human Rights Watch, Women’s (Human Rights Watch, Women’s Rights Watch, 1996)Rights Watch, 1996)

1996 1999

External Factors: StudiesExternal Factors: Studies2000- Present 2000- Present

NONO ESCAPE: Male ESCAPE: Male Rape in U.S. Prisons Rape in U.S. Prisons (Human Rights Watch, (Human Rights Watch, 2004)2004)

Deterring Sexual Deterring Sexual Abuse of Federal Abuse of Federal Inmates Inmates (OIG Report, April (OIG Report, April 2005)2005)

Sexual Misconduct in Prisons: Law, Sexual Misconduct in Prisons: Law, Remedies, and IncidenceRemedies, and Incidence (DOJ/ NIC, (DOJ/ NIC, 2000)2000)

2000 2004 2005

External Factors: Free External Factors: Free World Abuse CasesWorld Abuse Cases

The Church: Boston Globe, 2004The Church: Boston Globe, 2004

A report commissioned by the US Conference of Catholic Bishops A report commissioned by the US Conference of Catholic Bishops offered offered the most comprehensive survey of sexual abuse by a professional the most comprehensive survey of sexual abuse by a professional group. group. In Boston, it was found that the number of Catholic clergy accused of In Boston, it was found that the number of Catholic clergy accused of abuse approached 7%, far above the 4% national figureabuse approached 7%, far above the 4% national figure

Foster Care: New York Times, 2003Foster Care: New York Times, 2003

Three foster care children in New Jersey were subjected to years of Three foster care children in New Jersey were subjected to years of sexual abuse because the stat’s division of Youth and Family Services sexual abuse because the stat’s division of Youth and Family Services failed failed

to remove them from a home in which the father had already been to remove them from a home in which the father had already been identified as a menace. identified as a menace.

Government: The San Diego Union Tribune, 2003Government: The San Diego Union Tribune, 2003A suit was filed in October of 2002 on behalf of three female police A suit was filed in October of 2002 on behalf of three female police

officers. The suit held that there was “continuingly severe and pervasive officers. The suit held that there was “continuingly severe and pervasive course of discriminatory treatment, discriminatory harassment, and a course of discriminatory treatment, discriminatory harassment, and a hostile work hostile work environment at the police department.environment at the police department.

External Factors: Free External Factors: Free World Abuse Cases World Abuse Cases

Cont’dCont’d Military: The Washington Post, 2004Military: The Washington Post, 2004

Allegations of sexual assault in the U.S. Army have climbed steadily over Allegations of sexual assault in the U.S. Army have climbed steadily over the past five years. The problem has been abetted by weak prevention the past five years. The problem has been abetted by weak prevention efforts, efforts,

slow investigations, inadequate field reporting, and poor managerial slow investigations, inadequate field reporting, and poor managerial oversight.oversight.

Educators: Fresno Bee, 2005Educators: Fresno Bee, 2005Police confirmed Thursday that they believed a former Hanford West Police confirmed Thursday that they believed a former Hanford West High High School teacher arrested on sex-abuse counts was having a relationship with School teacher arrested on sex-abuse counts was having a relationship with a student a student from the school. Police say their investigation initially found that from the school. Police say their investigation initially found that nothing criminal had occurred between the 17-year-old boy and 25-year-old nothing criminal had occurred between the 17-year-old boy and 25-year-old Elisa Kawasaki, but detectives returned to the case after the student Elisa Kawasaki, but detectives returned to the case after the student

recanted his original story and said their recanted his original story and said their relationship included sexual activity.relationship included sexual activity.

Doctors: San Francisco Chronicle, 2005Doctors: San Francisco Chronicle, 2005A San Francisco doctor surrendered Wednesday to face charges that he A San Francisco doctor surrendered Wednesday to face charges that he sexually assaulted two patients under the guise of giving them medical sexually assaulted two patients under the guise of giving them medical exams, exams,

police said. San Francisco police Inspector Frank Lee said an police said. San Francisco police Inspector Frank Lee said an elderly patient elderly patient reported that in March she was subjected to a medical reported that in March she was subjected to a medical exam exam that she felt that she felt amounted to an assault. amounted to an assault.

External Factors: PREAExternal Factors: PREA

In 2003 Congress passed the Prison Rape Elimination In 2003 Congress passed the Prison Rape Elimination Act finding that:Act finding that: insufficient reporting and research has been done on the issue insufficient reporting and research has been done on the issue

of prisoner rapeof prisoner rape conservative estimates find that 13% of inmates have been conservative estimates find that 13% of inmates have been

sexually assaulted; this translates into nearly 20,000 persons sexually assaulted; this translates into nearly 20,000 persons now incarcerated have been or will be victims of sexual now incarcerated have been or will be victims of sexual assault and over the past 20 years the number of persons assault and over the past 20 years the number of persons under correctional supervision that have been victims of under correctional supervision that have been victims of sexual assault exceeds one million. sexual assault exceeds one million.

Under PREA Congress has appropriated nearly 60 Under PREA Congress has appropriated nearly 60 million dollars a year until 2010 to work to research and million dollars a year until 2010 to work to research and eradicate prison rapeeradicate prison rape

External Factors: MediaExternal Factors: MediaVirginia Ex-Deputy Guilty of Having Sex With Inmates (Washington Post, Virginia Ex-Deputy Guilty of Having Sex With Inmates (Washington Post,

2004)2004)Ex-deputy of Alexandria, VA was convicted of intimidating two female Ex-deputy of Alexandria, VA was convicted of intimidating two female inmates into having sex with him while they were in custody. The jury found inmates into having sex with him while they were in custody. The jury found the man guilty of two counts of carnal knowledge of an inmate, but the ex-the man guilty of two counts of carnal knowledge of an inmate, but the ex-deputy, a 13-year veteran of the sheriff’s office, was found not guilty of an deputy, a 13-year veteran of the sheriff’s office, was found not guilty of an abduction charge in connection with one of the women. Prosecutors abduction charge in connection with one of the women. Prosecutors accused him of abusing his authority as a deputy to extract sex from the accused him of abusing his authority as a deputy to extract sex from the women who were in a work-release program; the women felt as though women who were in a work-release program; the women felt as though they had to comply to stay in the program. At the time of conviction, the jury they had to comply to stay in the program. At the time of conviction, the jury recommended that the ex-deputy serve six years in prison, three years for recommended that the ex-deputy serve six years in prison, three years for each count. In April of 2004 the ex-deputy was sentenced to the full six each count. In April of 2004 the ex-deputy was sentenced to the full six years in prison as well as having to pay $840.00 in restitution for the years in prison as well as having to pay $840.00 in restitution for the counseling costs of one of the victims. Upon release, the ex-deputy will counseling costs of one of the victims. Upon release, the ex-deputy will also be placed on three years of probation. also be placed on three years of probation.

Misconduct, drugs ignored at halfway houses suit says by Zachery Misconduct, drugs ignored at halfway houses suit says by Zachery Kouwe (Denver Post, November 9, 2003)Kouwe (Denver Post, November 9, 2003)Reporting on a court case brought by employees of two halfway houses claiming that the Reporting on a court case brought by employees of two halfway houses claiming that the Colorado Department of Corrections, the Colorado Department of Public Safety, and the Colorado Department of Corrections, the Colorado Department of Public Safety, and the Adams Board of Commissioners knew about illegal sexual activity occurring in the Adams Board of Commissioners knew about illegal sexual activity occurring in the halfway house involving staff and clients. halfway house involving staff and clients.

PressuresPressures

Premature promotions due to increasedPremature promotions due to increased number of management/supervisory positions needednumber of management/supervisory positions needed

Diminished staff training resources Diminished staff training resources Public policy & attitude Public policy & attitude & ineffective training -- hesitancy & ineffective training -- hesitancy towards offenders towards offenders to be specific on sensitive issues to be specific on sensitive issues

More “free world” abuse of power casesMore “free world” abuse of power cases

SummarySummary

Increase of public awareness in issues of abuse both in Increase of public awareness in issues of abuse both in societal and correctional settingssocietal and correctional settings

Increased LitigationIncreased Litigation

Growth of Offender Population Growth of Offender Population

Increase in numbers of staff needed to run an agencyIncrease in numbers of staff needed to run an agency

Premature Promotions due to increased number of Premature Promotions due to increased number of management/ supervisor positions neededmanagement/ supervisor positions needed

Summary Summary

Diminished funding for staff trainingDiminished funding for staff training

Ineffective training- hesitancy to be specific on Ineffective training- hesitancy to be specific on sensitive issuessensitive issues

Public policy and attitude towards offendersPublic policy and attitude towards offenders

Unclear staff/ offender boundaries in community Unclear staff/ offender boundaries in community corrections and secure confinementcorrections and secure confinement