Addressing Sexual Violence in Detention
Robert Dumond, Shannon May  -  2011/6/29
http://ovc.ncjrs.gov/ovcproviderforum
 
 
Can you talk about model protocols between facilities (prisons and jails) and sexual violence advocacy programs?
 
1.  Bob Dumond
 Response to VEGA: This is outstanding. This type of collaboration between local community agencies, local law enforcement and correctional agencies is an outstanding way to collaborate, to share resources and to better respond to sexual violence. This is the model which has been initiated with JDI and the CDCR in several of its facilities, as well as PCAR and Penn DOC in several of their facilities. All of these collaborations improve response, increase awareness, training, and skill, and create safer communities. Outstanding!
 
2.  Shannon May
 That is wonderful news, Rhonda. Congratulations!
 
3.  Rhonda Vega
 We have implemented Sexual Assault Response Teams in a coordinated effort with our counties and regions and the correctional facilties in these areas, to include the state and local facilities.
 
4.  Jennifer Feicht
 Yes, the work that we (PCAR) has done here in PA with the PA DOC has been quite extensive in terms of SART teams. We hope to be able to continue with this work as there are a total of 27 state facilities in PA.
 
5.  Shannon May
 Just as with every other agreement between agencies, it is important that MOUs detail the specific services or responsibilities between each partner agency with the ultimate goal of addressing the needs of the survivor.
 
6.  Bob Dumond
 There is an additional innovative model between the Pennsylvania Department of Corrections and the Pennsylvania Coalition Against Rape (PCAR). They have since 2007 provided a unique partnership, providing in-house training to corrections in PDOC and providing an opportunity for counseling and support for prisoner victims.
 
7.  Shannon May
 A number of localities have developed Memorandum of Understanding (MOUs) that include corrections facilities and community-based sexual violence programs. These MOUs detail each agencys roles and responsibilities in assisting an incarcerated survivor. In California, Oregon, and Pennsylvania, prisons and local rape crisis centers have developed agreements to ensure that incarcerated survivors have access to crisis intervention and counseling services. Many localities also include agreements with state police agencies and medical facilities.
 
8.  Bob Dumond
 The program with CDCR was entitled Pathways to Recovery and provides a unique opportunity to work with a national agency (JDI), several local community sexual assault centers and corrections. Important was also the acceptance of the same confidentiality standards for licensed/certified sexual assault counselors in California and those working in the prison.
 
9.  rjv
 Right now a best practice would be the use what our communities use: Sexual Assault Response Teams.
 
10.  Bob Dumond
 I had the opportunity to work collaboratively with Just Detention International in an innovative project between CDCR and JDI in meeting the needs of survivors at one adult male correctional facility, a female facility and juvenile facility
 
 
Has the Prison Rape Elimination Act of 2003 been effective in decreasing the number of sexual assaults against incarcerated females and males?
 
1.  Shannon May
 Kathryn - in all fifty states, it is illegal for staff to engage in sexual activity with inmates, even if both parties consider the activity to be consensual. Due to the power differential that exists between corrections staff and inmates, inmates cannot consent to sexual activity.
 
2.  Bob Dumond
 Additional Response - Schmidt: Using this model of BJS, and clearly defining the parameters, avoid confusion, is behaviorally specific, and meets the federal requirements. This also will allow you to not manipulate and meaningfully manage the situation.
 
3.  Kathryn Schmidt
 Bob,Do I understand the BJS numbers correctly to say that ANY sexual contact between staff and inmates is staff misconduct and prohibited by their employment. This would even include consensual staff-inmate activities.
 
4.  Kathryn Schmidt
 To Barry---I think it is more appropriate to say that unwanted, forced, or coerced sexual contact is more common between inmates and staff than is inmate-inmate unwanted, forced, or coerced sexual contact. The numbers don't and can't address the amount of inmate-inmate consensual sexual contact that occurs.
 
5.  Bob Dumond
 Responee to Barry: Your point is interesting and provocative. The BJS data indicates the following, and this is from data collected since 2004. For the Administrative Records Collection - that is the Survey of Sexual Violence which reports formal reports to correctional agencies, the largest number of sexual victimization of inmates is staff sexual misconduct (namely ANY sexual incident between a staff person and inmate), followed by incidents of inmate-on-inmate non-consensual sexual acts (acts that are penetrative - that is, act considered rape in most jurisdictions). This data has been consistent - although it is still not clear how much under-reporting there is. It may be easier to report staff vs. other inmates due to fear of retailiation, etc.
 
6.  Barry
 I'm not sure if your earlier numbers represent percentages or an absolute number (in 10,000s?). Is it correct to say that the data indicate that one is more likely to have sexual contact with custody staff then with another incarcerated individual?
 
7.  R.W.Capowski
 Having experience in both a male and more recently as a Deputy Warden of a female prison,I conclude that the male population is more susceptable to unwanted sexual assaults in contrast to the girlfriend relationships within the female general population.
 
8.  Bob Dumond
 The data collected indicates that a substantial number of individuals in increasing numbers are formally reporting to authorities, and, anonymously, disclosing they have been abuse. We do not yet know if PREA has decreased this amount, since, we are still trying to capture scientifically how much it occurs.
 
9.  Bob Dumond
 I would submit, however, that there is much increased awareness among correctional staff in general, and among inmates/prisoners/juveniles about the potential for being sexually assaulted, about steps to be taken to avoid abuse, and what to do and to whom to report if they are assaulted. Hopefully, this important information will translate to safer correctional environments and a decrease in sexual assaults.
 
10.  Shannon May
 JDI works closely work with the California Department of Corrections and Rehabilitation, the Oregon Department of Corrections, and numerous corrections agencies and facilities across the U.S. In these locations, corrections officials and inmates have told JDI that they have already seen a dramatic change based on PREA, especially in regard to a zero tolerance approach to sexual violence, increased reporting to corrections officials, and a cultural shift that is more supportive of incarcerated individuals who are sexually abused.
 
11.  Bob Dumond
 In some respects, it may be too early to determine if, in fact, there has been a decrease in the number of sexual assaults of incarcerated males and females. Since implementation of PREA, and the various data collection activities of BJS since 2004, we are getting a picture of the prevalence of the phenomenon, both from the formal reports of correctional agencies (that is, how many inmatesprisonersjuveniles come forward and tell correctional authorities they have been abused), and from anonymous surveys of incarcerated persons using audio-CASI (audio computer assisted self-interviews).
 
12.  Shannon May
 It is important to know that though PREA was passed in 2003, it took many years of study and research before a draft set of national standards were developed under PREA. These standards, which are currently being reviewed by the Department of Justice and which will ultimately be binding on corrections agenciesfacilities across the U.S., will serve as a blueprint for corrections agencies to eliminate sexual violence behind bars. Once corrections agencies fully implement the standards, we believe there will be a dramatic reduction in sexual violence behind bars.
 
13.  Shannon May
 Though there is not enough data yet to definitively show a decrease in the number of sexual assaults behind bars due to PREA, Just Detention International strongly believes that PREA has been effective in decreasing sexual violence in detention.
 
 
What are the statistics of inmates that report being sexually assaulted?
 
1.  Bob Dumond
 Response to Kathryn Schmidt - Re; Best Practices for Reporting Incidents. One of the best ways to conceptualize and operationalize this process is to adopt the specific terms and definitions employed by BJS in all of the PREA research. Essentially, there are four (4) types of prisoner sexual violence: 2 Inmate on Inmate Types, which are NON CONSENSUAL SEXUAL ACTS (acts involving penetration of an orifice against the person's will with use of threatforce) and ABUSIVE SEXUAL CONTACTS (non-penetrative acts). There are also 2 STAFF on INMATE types: STAFF SEXUAL MISCONDUCT (any sexual act staf w. inmate) and STAFF SEXUAL HARASSMENT.
 
2.  Kathryn Schmidt
 In previous research, it seemed that lots of incidents reported to prison authorities were being 're-classified' in various ways by authorities. Can you talk about current best practices in simply counting assaults?
 
3.  Bob Dumond
 (3)In the anonymous surveys, the Sexual Victimization in Prisons and Jails Reported by Inmates, 2008-2009 (published August 2010), there were some important findingsAn estimated 4.4 of prison inmates and 3.1 jail inmates reported one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months.About 2.1 of prison inmates and 1.5 if jail inmates reported an incident involving another inmate About 2.8 prison inmates and 2.0 jail inmates reported having had sex or sexual contact with staff
 
4.  Bob Dumond
 (2)National Survey of Youth in Custody provided the first facility-level estimates of youth reporting sexual victimization in youth facilities, and provides significant findings, including:An estimated 12 of youth in state juvenile facilities and large non-state facilities reported experiencing one or more incidents of sexual victimization by another youth or facility staff in the past 12 months or since admission.About 2.5 of youth reported an incident involving another youth, and 10.3 reported an incident reporting any facility staff.About 4.3 of youth reported having sex or sexual contact with facility staff as a result of some type of force or threat of force; 6.4 of youth reported sexual contact with facility staff without threat of force, threat, or explicit coercion.
 
5.  Bob Dumond
 (1)The Survey of Sexual Violence collects data annually on the incidence of sexual violence in adult and juvenile correctional facilities. A recent report, Sexual Victimization Reported by Adult Correctional Authorities, 2007-2008 was released in January 2011 and revealed the following:Administrators of adult correctional facilities reported 7,444 allegations of sexual victimization in 2008 and 7,374 allegations in 2007.The number of allegations has risen since 2005, largely due to increases in prisons, where allegations increased 21$ (from 4,7911 in 2005 to 5,796 in 2008).
 
6.  Shannon May
 You may be interested in the most recent BJS reports: BJS Sexual Victimization in Prisons and Jails Reported by Inmates, 2008-09: http://www.bjs.gov/content/pub/pdf/svpjri0809.pdf and BJS Sexual Victimization in Juvenile Facilities Reported by Youth, 2008-09: http://www.bjs.gov/content/pub/pdf/svjfry09.pdf
 
7.  Shannon May
 First, it is important to note that sexual violence in detention is an extremely underreported crime. But, thanks to the Prison Rape Elimination Act (PREA), the U.S. Department of Justice, Bureau of Justice Statistics (BJS) now collects data on sexual violence in detention. Based on comprehensive, anonymous inmate surveys, the Department of Justice now believes that 216,600 individuals are sexually abused while in custody each year.
 
8.  Bob Dumond
 The data collected indicates that a substantial number of individuals in increasing numbers are formally reporting to authorities, and, anonymously, disclosing they have been abuse. We do not yet know if PREA has decreased this amount, since, we are still trying to capture scientifically how much it occurs
 
 
Is there a growing trend to address sexual assault in jails or prisons? If yes, what is the latest movement?
 
1.  Shannon May
 JDIs website, www.justdetention.org, offers a number of ways that individuals can get involved with this movement, so I encourage you to visit the site and take action.
 
2.  Shannon May
 Yes, there is a growing movement to address sexual violence in detention. In addition to the many states and individual facilities that have chosen to become compliant with the draft national standards before they are required to, allied professionals/agencies such as Sexual Assault Nurse Examiners, rape crisis center staff, LGBTQ rights groups, youth advocacy groups, etc. have called on the U.S. Attorney General to promulgate the draft national standards and make them binding.
 
3.  Bob Dumond
 : Yes, there appears to be, driven by several factors. First and foremost there is the PREA law itself, and, the fact that within the year the US Attorney General will promulgate national standards for all correctional facilities which will have the force of law and which will require all correctional agencies (jails, prisons, police lockups, juvenile facilities, etc.) to respond with specific interventions. The federal standards are sure to have an important effect upon the behavior of all correctional entities. Additionally, the National Institute of Corrections and the various professional associations have continued to mandate in their standards improvements and compliance with attention to this process.
 
 
What do you recommend on how to address detentions/prison administrators to take sexual assault seriously and provide mental health treatment in the jail/prisons.
 
1.  Bob Dumond
 Consult with the National Institute of Corrections website, where there is a whole host of resources available to you free of charge see http://www.nicic.org. Consult with the Just Detention International Website http://www.justdetention.org Consult the American University Washington College of Law Project on Sexual Assault website, which has a whole host of resources as well. http://www.wcl.american.edu/nic There are so many resources available one does NOT have to reinvent the wheel but take advantage of the many resources and lessons learned from the field which has been working on this for over 7 years.
 
2.  Bob Dumond
 Administrators should familiarize themselves with the National Prison Rape Elimination Commissions Final Report promulgated June 2009 US Attorney Generals Draft Standards for Sexual Assault promulgated January 2011 Consult with existing knowledge about the prevalence as reported by BJS All documents and reports are available free of charge from http://www.ncjrs.gov
 
 
We currently have an internal hotline that goes to our investigator that gets used. It's my understanding that the draft standards will require a hotline to a sexual abuse hotline or similar. Our local agency closed and the state wide agency has not been responsive ---- recommendations?
 
1.  Shannon May
 Another possibility might be for your jail to contact your states sexual assault coalition to determine if there are rape crisis agencies, or allied agencies, that might be able to assist in this area.
 
2.  Shannon May
 Coalitions are often a best practice approach as entities can share resources and ideas, but it would be difficult to utilize another county jail for services to individuals at your jail.
 
3.  Shannon May
 This is a great question, Jim. One of the challenges some facilities may face with PREA implementation is finding local, community-based victim services agencies that can provide services to incarcerated individuals. I am not sure exactly what type of coalition among city or county jails you mean, but possibly if one county jail is able to form an MOU with a community-based agency, other facilities in adjoining counties could work with the same agency.
 
4.  Jim Dennis
 We are a stand alone agency,a county jail. City and county jails will be looking for local abuse agencies to assist. I know several states have abuse agencies that have been leaders ----it's not happening everywhere. Could city and/or county jails form coallitions among themselves for hotlines?
 
5.  Shannon May
 Some corrections agencies/facilities work with their Inspector Generals office to provide an outside entity to which inmates can report. Other ideas for a governmental entity might be a division within your Governors Office that could accept the calls.
 
6.  Shannon May
 The current draft standards require a number of things: 1) corrections agencies must provide multiple internal ways for inmates to report sexual abuse, 2) corrections agencies must make their best effort to provide at least one way for inmates to report abuse to an outside governmental entity, 3) corrections agencies must attempt to enter into an MOU with community service providers that are able to provide inmates with confidential emotional support services related to sexual abuse.
 
 
Does inmate sexual abuse in a facility more commonly seem to be a systemic pattern involving several staff members, or can incidents more often be traced to one or two perpetrators with multiple victims?
 
1.  Bob Dumond
 Additionally, the same dynamic - a staff person who has been operating with impunity, with little oversight or investigation, may be able to sexually assault multiple inmate victims. However, for both staff and inmates, the good news is that with increased recognition, improved investigative techniques, better staff training and inmate orientation and education, and improved response. we will be better prepared to respond.
 
2.  Bob Dumond
 With rewpect to the second part of the question - again - there certainly are incidents when this appears to be the case - notably, with both inmate and staff perpetrators. In the case of inmate perpetrators, an inmate who has established a pattern of abuse and predatory behavior, and, who has not been recornized or investigated, can, and often does, have multiple inmate victims.
 
3.  Bob Dumond
 In the instances when this has occurred, however, improved recognition and investigative techniques have been able to recognize, identify and prosecute perpetrators.
 
4.  Bob Dumond
 Certainly, in some venues and correctional departments it has been observed that there have been one or several staff members who have colluded together to sexually abuse and intimidate prisoners. In these cases, there may have been what has been termed a sexualized work environment in which boundaries between staff and inmates have been eroded.
 
5.  Bob Dumond
 That is an excellent question which we are still trying to understand in greater depth. Both patterns you dsecribe are manifest in the data sets which have been collected by BJS in the Administrative Records Collection or the Survey of Sexual Violence.
 
 
As a followup to the statistical question, is sexual assault more common among female or male inmates?
 
1.  Shannon May
 Thank you, Connie!
 
2.  Connie Clem
 The BJS study is located here: http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2202 Men and women reported different levels of incidence by staff and by other inmates. Worth a thorough read.
 
3.  Bob Dumond
 That same study (Sexual Victimization in Prisons and Jails Reported by Inmates 2008-2009) stated that Sexual activity with facility staff was reported by 2.9 of male prisoners and 2.1 of mail jail inmates, compared to 2.1$ of female prisoners and 1.5 of female jail inmates.
 
 
Are any sexual assault programs being implemented in juvenile facilities?
 
1.  Bob Dumond
 There are some additional agencies you may wish to contact as well. The Delaware Department of Services to Children, Youth, and Their Families has initiated as strong PREA iniative, in addition to the Texas Youth Commission and the Texas Youth Probation Commission. All of these agenices have recognized the problems of sexual violence in juvenile facilities, and have sought to meet the issues headon.
 
2.  Bob Dumond
 All of the juvenile agencies referenced (MA DYS, GDJJ, WDJJ, CDJJ) have had training through the National Institute of Corrections and have positioned themselves with increased investigation awareness, improved policies and procedures, and increased awareness and training.
 
3.  Bob Dumond
 Interestingly, there are several states who have taken leadership in addressing PREA and the issue of sexual vicimization which you may wish to consult. They include the Massachusetts Department of Youth Services, the Georgia Department of Juvenile Justice, the Wyoming Department of Juvnile Justice, and the California Department of Juvenile Justice, which is working collaboratively with Just Detention International in this endeavor.
 
 
Section 115.41 lists detention solely on civil immigration charges as a criterion that must be assessed for potential risk of sexual victimization. Has there been some study or data to support a link of causality or corrrelation between those two variables?
 
1.  Shannon May
 Immigrant detainees often will not report sexual abuse due to fears of deportation which make them especially vulnerable to sexual abuse while incarcerated. As such, a special emphasis on this heightened vulnerability is included in the draft national standards. Also, many immigrant detainees have experienced past sexual abuse (whether inside or outside detention) which also makes them more vulnerable to abuse while in custody.
 
2.  Shannon May
 Because individuals who are being held on immigration charges or within immigration facilities often face extreme barriers to reporting sexual abuse and understanding their right to be free from sexual violence, it makes these individuals vulnerable to sexual abuse. The National Prison Rape Elimination Commission and the Department of Justice, in studying the issue of sexual violence in detention, feel that immigration status is a strong indicator of vulnerability.
 
 
What is working in terms of encouragingrequiring prosecutors to bring charges against inmate perpetrators of inmate-on-inmate sexual assault?
 
1.  Shannon May
 As corrections agencies begin to form agreements with outside victim service providers, law enforcement, governmental entities, etc., there will likely be a more favorable environment for successful prosecutions. So, we encourage corrections officials to partner with prosecutors to ensure that inmate-on-inmate sexual abuse is taken seriously.
 
2.  Shannon May
 Unfortunately, the prosecution rate of any type of sexual violence in detention is very low. And, prosecutions related to inmate-on-inmate sexual abuse is shocking inadequate. But, as corrections agencies work toward PREA compliance and a zero tolerance policy regarding sexual abuse behind bars, the old idea that sexual violence is inevitable is beginning to change. With that change comes recognition that no one should be subjected to sexual abuse in any setting.
 
3.  Bob Dumond
 An additional and important step in this process is to establish an MOU with the prosecutor, to seek guidance and counsel from them on the type, manner, and process of evidence preservation, investigation and presentation that is most appropriate, and to consult with them on cases during every phase of the investigation. Often, prosecutors were reluctant to prosecute, because the integrity of the investigation and the evidence was poor. Improving this system is the vehicle to managing this process more effectively.
 
4.  Bob Dumond
 This is an important area of concern. The National District Attorneys Association, and the various Bar Associations are increasingly aware of the problem. Both the National Prison Rape Elimination Commission and the US Attorney General's office have encouraged correctional agencies to reach out to prosecutors at the local, county, and state level to establish awareness and alliances to respond to sexual violence and to prosecute cases successfully.
 
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