Five Questions for Janine M. Zweig
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Janine M. Zweig, a senior research associate at the Urban Institute's Justice Policy Center, is an author of "Addressing Sexual Violence in Prisons: A National Snapshot of Approaches and Highlights of Innovative Strategies." Updated December 1, 2009 1. How prevalent is sexual violence in prisons? We don’t know, but the Bureau of Justice Statistics (BJS) surveys have helped researchers better understand the problem. BJS has surveyed administrative records in adult correctional facilities nationwide. The latest survey results show that there were 2.91 allegations of sexual violence for every 1,000 inmates in 2006. Of these allegations, 17 percent were substantiated after investigation and 55 percent weren’t—which doesn’t imply they didn’t happen, only that there wasn’t enough information to fully document the claim. The other 29 percent were unfounded, meaning authorities determined the incident did not occur. These figures shed some light on the issue, but we’re likely not getting the full picture. Administrative records include only incidents inmates actually report to correctional authorities. But it’s widely believed that many real incidents go unreported, as rapes in the community often go unreported to the police. To get a more accurate rate, BJS interviewed inmates in prisons and jails across the country. Through their National Inmate Survey, BJS found that, in 2007, 4.5 percent of prison inmates and 3.2 percent of jail inmates reported having been sexually victimized while incarcerated. Among prisoners, 2.1 percent reported inmate-on-inmate victimization and 2.9 percent reported staff sexual misconduct. Among jail inmates, the comparable figures are 1.6 percent and 2.0 percent. Any type of victimization, especially sexual victimization, disrupts psychological adjustment in communities and in correctional facilities. The experience of being raped or sexually victimized while locked up and unable to get away may contribute to serious and ongoing psychological and physical health issues, substance abuse relapse issues, and recidivism once the inmate is released. Since nearly all inmates are released back into communities, we should be concerned about damage they may have suffered while incarcerated. 2. What's being done to prevent sexual violence? After the Prison Rape Elimination Act passed, state departments of corrections redoubled their efforts to prevent sexual violence, according to our 2004–05 survey. The multitiered work appears to help prevent and respond to incidents. Some states used new inmate-classification scales to identify potential predators and potential victims to house the two groups separately. Increased surveillance strategies—such as changes in staffing patterns and new electronic surveillance tools—were adopted to eliminate opportunities for sexual violence in prisons. New federal legislation in 2003 pushed states to try changing the correctional culture by training staff to identify coercion between inmates and between staff and inmates. Some states showed instructional videos to inmates at check-in, teaching them to watch out for and report sexual violence if it happens. States tried to create an environment where inmates felt safe reporting incidents. Some states set up hot lines to help sexually victimized inmates. The calls were connected to different agencies—often internal investigation units, and, in one case, to state troopers. Some states also increased their investigations and more frequently prosecuted sexual offenders. 3. Has the 2003 Prison Rape Elimination Act made a difference? Our survey showed that, by 2005, departments of corrections across the country were more focused on this issue, even if they didn’t agree with specific pieces of the 2003 legislation. In June 2009, the National Prison Rape Elimination Commission issued its final report and standards of practice. This document details policies and practices to investigate and respond to sexual violence—all aimed at holding perpetrators accountable and helping victims, with the ultimate goal of preventing sexual violence in prisons, jails, and other detention settings. The work completed in the Urban Institute’s Justice Policy Center as part of our study was cited throughout that report. The Department of Justice now has until June 2010 to codify the standards, which would require prisons, jails, detention facilities, and community corrections to follow. The Justice Policy Center is currently part of a team led by Booz-Allen-Hamilton to help the Bureau of Justice Assistance estimate the cost of these policies and practices for the Department of Justice. 4.What kinds of violence-prevention models are states developing? The 2004–2005 survey and visits to states showed that a handful of states developed comprehensive models to change the prison culture around sexual violence. Rather than choosing a single strategy, they were training staff, educating inmates, and creating opportunities to report incidents. These innovative approaches have become part of the standards of practice that the National Prison Rape Elimination Commission is promoting. At the time, some states were really pushing to prosecute these crimes, though working with district attorneys is no mean feat since prosecutors might be overwhelmed with community issues and may consider inmate issues far less pressing. Since department of corrections staff are not experts in dealing with sexual violence, some states took the innovative step of bringing in crisis center advocates to help victims of sexual assault and help design staff training and inmate-education programs. In its 2009 standards of practice, the commission recommended that correctional administrators and staff collaborate with prosecutors to hold perpetrators accountable and collaborate with outside victim service and advocacy groups to assist inmates. 5. What else could be done? Although the commission has released standards of practice, many innovations cited in their work—and identified during our 2004–2005 study—remain unevaluated. We still need to examine some state innovations and figure out what works and what doesn't. Success can be deceptive. Start a sexual violence prevention program and reports of sexual violence may go through the roof. The increased claims, though, may be a sign that the intervention was a success by making it easier for victims to report crimes. That said, we really need to determine whether these programs work. Energy for issues can wane after a few years. I would hate to see that happen before we know whether these programs are effective. We also don’t want to adopt practices that might not work under some circumstances or have unintended consequences. I also think sexual violence experienced while incarcerated is an ignored reentry issue. At the time of our study, only a couple states were following a “continuum of care” into the community, meaning parole officers were trained to identify victim issues outside prison and to help people get needed services. Victims might be more willing to report an incident after their release from prison. Helping former inmates deal with the psychological trauma and physical health consequences of sexual violence may lead to more successful transitions to the community and to becoming a fully healthy individual. |
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