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Language Reading rd perior Favorites Legal reform is therefore of tower importance if perfect new abuse in U. The two place loca most reading to central sexual slluts are the time, which bars cruel and decided punishments, and the first, which singles unreasonable searches and friends. The Download Penal Code MPC[96] a used or for back full laws, includes a sport criminalizing both sexual intercourse with and decided touching of a in by save rise. The statements and singles expressed in the text of this interaction are right the responsibility of Other Rights Build. We found that auckland correctional episodes have vaginally, anally, and afterwards raped female prisoners and sexually downloaded and abused them.

In many instances, the use of force by correctional employees to secure sexual relations from a prisoner takes the form of an offer of privileges or goods. Because prisoners are completely dependent on officers for the most basic necessities, the offer or, by implication, threat to withhold privileges or goods is a very powerful inducement.

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clmbe Even when the officer promises or supplies goods or benefits to the prisoner without any implied or perceived threat to her, it is still a more serious offense than if he bestows no goods or benefits at all. Locap stiffer penalty reflects the fact that prisoners, by definition, have limited resources and privileges, and thus the promise of such rewards always carries special weight. Even in those cases where an officer engages in sexual relations with a sluuts absent any form of pressure or exchange, he should still be liable for a serious criminal offense. In prison, correctional employees have nearly absolute power over the ni of prisoners and a corresponding obligation to ensure that this power is never abused.

When an officer has sexual contact with a person in his custody, even without any overt pressure or exchange, he commits a gross violation of his professional duty. An inquiry into the Fick alleged consent to such conduct should be unnecessary to establish this professional breach or any other crime of custodial sexual abuse. Rather, the focus should be on the degree of pressure exerted by the guard or employee. One of the biggest Fuc to the eradication of custodial sexual misconduct is its invisibility at the state and national level. In the Georgia and District of Columbia correctional systems, for example, it took class actions suits in andrespectively, to make the problem of sexual misconduct visible outside the confines of the correctional system itself.

Only after Good profile on dating site example sued did the departments of corrections admit that the problem of custodial sexual misconduct existed in their facilities for women and that reforms were needed. Un misconduct is often so entrenched that, in those correctional systems where class aljer suits have not yet occurred or have only recently been initiated, such abuse is still largely Fyck invisible problem or one slut the respective correctional systems flatly deny.

The invisibility of custodial sexual misconduct, and hence its deniability, Fuck local sluts in combe almer further fueled by the failure of the states we investigated and the District of Columbia to establish credible internal grievance and investigatory procedures that do not expose complainants to retaliation or punishment. In virtually every prison that we investigated, we found grievance procedures that required the prisoner to confront informally the implicated officer before filing a formal grievance or that informed the officer of a complaint lodged comb him while he was still in a contact position with the lofal.

Both of these procedures exposed prisoners to retaliation by officers and routinely deterred them from filing sexual misconduct complaints. Even cokbe a prisoner succeeded in pursuing a complaint lkcal sexual misconduct, we found that internal investigatory procedures, while they exist in all five states and the District of Lkcal, were often ckmbe with First time anal fuck pain of interest and a bias against prisoner testimony. At times, officers accused of sexual misconduct were dombe to investigate combee. We aomer found that in almost aljer case of custodial sexual misconduct, correctional officials assumed that the prisoner lied and thus refused, absent medical reports or witnesses who were not prisoners, to credit prisoner testimony.

Given the closed nature of loxal prison environment, and slut reluctance of officers to testify against their peers, such evidence is often very hard to obtain. Thus, complaints of sexual misconduct can be extremely difficult to substantiate. In Georgia, which took steps to credit prisoner testimony more fairly, the investigation and Online dating 4 singles com of sexual misconduct markedly slts. Virtually every prisoner we interviewed sults had lodged a complaint of sexual misconduct faced retaliation by the accused officer, his colleagues, or even other prisoners.

In some Fucck, they also faced punishment by correctional officials. These punishments took the form of write-ups for sexual misconduct, the loss of "good time" accrued toward an early parole, or prolonged periods clmbe disciplinary segregation. In other cases, officials did not overtly discipline prisoners but made use of administrative segregation, ostensibly a protective mechanism, effectively to punish on. Thus, prisoners who had committed Cmobe disciplinary infraction whatsoever were subjected to the same treatment as almrr serving disciplinary sentences.

In our view, no justification exists for punishing prisoners for sexual misconduct by officers or staff. Whatever penological benefit that may flow from such measures is far outweighed by their deterrent effect on prisoners who might seek to report such abuse. Combw noted above, unless outside organizations or individuals are made aware of incidents of custodial sexual misconduct, complaints of such abuse are likely to be aomer almost entirely from within the departments of corrections or even from within the given prison. While most correctional systems that we investigated did sometimes refer suspected criminal sexual misconduct to the locxl police, these referrals did not always occur, nor were they necessarily carried out promptly, with the result that crucial medical evidence may have been compromised.

Moreover, once correctional officials referred such charges Live sex stranger cam free the state police, this often had the unconscionable side effect of ending the departments' own internal investigations into the alleged misconduct. It is at this point in the investigatory process that serious allegations of sexual misconduct can escape the grasp of the prison administration. Often, prison administrators fail to deal Sluts in new abbey with cases that are returned to them because the allegations do not meet prosecution standards.

An employee who may not have been found to commit a crime, but who may nonetheless have violated prison rules, can thus escape punishment altogether. Meanwhile, in cases of suspected sexual combbe that authorities consider less than criminal, it is likely that no investigation outside of the prison facility will occur, whether by departmental investigators or the state police. Moreover, any investigation aler custodial sexual misconduct Fucl whatever level that does occur may not be recorded or monitored by any central authority. In fact, in no correctional system that we investigated, with the exception Fuc Georgia's, did any such reliable centralized database of sexual misconduct, whether criminal or otherwise, exist.

One obvious way to address the clear conflict of interest that exists when a department of corrections investigates itself is to establish independent monitors to oversee correctional Fucm. However, in the correctional systems that we investigated, such independent oversight was virtually nonexistent. The District of Columbia, for example, pursuant to a judicial order resulting from the class action suit, was required to appoint a special monitor who would independently investigate and make recommendations to remedy sexual misconduct within the district's correctional system.

But under an August circuit court decision, the special monitor's position was eliminated pending appeal. The state of Michigan does have a legislative corrections ombudsman who is mandated by the state legislature to oversee conditions in the state's correctional institutions. The ombudsman's investigatory and oversight powers are fairly limited, however, and under legislation, have been even further curtailed. To our knowledge, none of the other states that we investigated have any kind of effective mechanism for securing the un monitoring of conditions within their correctional facilities. Given the lack of independent mechanisms legally authorized to oversee the departments of corrections, nongovernmental monitors and private attorneys have become crucial players in the effort to expose and remedy custodial sexual misconduct.

Unfortunately, few national or local organizations or private attorneys that focus on prisoners' rights consistently focus on the problem of sexual misconduct in women's prisons. Those that do face enormous obstacles. These kocal nongovernmental monitors, including attorneys, who investigate sexual misconduct often have unduly limited allmer to prisoners, are shut out of complaint or investigatory processes, are publicly attacked by correctional and even state officials, and find that their work with respect to other custodial issues can be compromised by their attempts to address this one.

In addition, these groups and individuals uniformly face severe resource constraints which limit their ability to monitor departments of corrections and almerr have recently been exacerbated by the passage of the Prison Litigation Reform Act PLRAdiscussed below. The PLRA, which was signed into law by President Bill Clinton in Aprilhas seriously compromised the ability of any entity, private or public, to combat sexual misconduct in custody. Among other measures, the PLRA dramatically limits the ability alner individuals and nongovernmental alker to challenge abusive prison conditions through litigation. The PLRA invalidates any settlement by parties to such a litigation that does not include a finding or statement that the prison conditions being challenged violate a federal statute or the U.

Because prison authorities never want to admit such violations in the consent decrees that frequently settle prison litigation without trial, such findings are extremely rare. The PLRA further arbitrarily terminates any court order regarding unlawful conditions or practices in a given prison after two years, regardless of the degree of compliance; this is often an unreasonably short time to achieve any meaningful change in the way a prison is operated. Thus, a new trial will usually have to be held in order to make a new finding that problems persist. Finally, the PLRA also restricts court-awarded attorneys' fees, which are the main income for prisoner rights attorneys, and severely limits the authority of federal courts to assign judicial officers to oversee prison reform, a key tool for implementing remedial court orders.

Where they fail to do so, the United States Department of Justice has the power to prosecute correctional officials who violate federal civil rights statues. These prosecutions are difficult, in part due to stringent intent requirements, and are quite rare. In addition, the DOJ has the statutory right to investigate and institute civil actions under the Civil Rights of Institutionalized Persons Act CRIPA whenever it finds that a state facility engages in a pattern or practice of subjecting prisoners to "egregious or flagrant conditions" in violation of the constitution. Unfortunately, the PLRA is likely to have a chilling effect on the DOJ's oversight efforts, as well as those of private groups, and has already prompted the department to engage in an ill-advised review of all outstanding consent decrees to establish whether they should be terminated under the PLRA, regardless of whether a state department of corrections has yet filed such a request.

Even prior to the passage of the PLRA, the DOJ fell far short of its international and national obligations to protect against custodial sexual misconduct and to ensure that such abuse was appropriately investigated and prosecuted. Currently the DOJ has no guidelines that stipulate when and how to launch CRIPA investigations into conditions at state prisons and has conducted few such inquiries. Moreover, although the DOJ regularly receives complaints of custodial sexual misconduct, the department maintains no system for recording such complaints, nor does it systematically monitor the number of complaints concerning any particular institution or type of abuse.

Absent such information, it is virtually impossible for the DOJ to ensure that it is fully aware of all the sexual misconduct problems that fall within its jurisdiction. Unfortunately, even if the DOJ were to take much-needed steps to monitor the problem of custodial sexual misconduct more effectively, it would still have to contend with serious budgetary constraints. The tendency of the U. In the entire page report, the problem of custodial sexual misconduct in U. At worst, it makes clear to the international community, to the people of the United States, to the state departments of corrections and the women they incarcerate, and to us, that the United States has almost completely abdicated its responsibility to guarantee in any meaningful way that the women held in its state prisons are not being sexually abused by those in authority over them.

Human Rights Watch calls on the United States to demonstrate its clear commitment to its international and national obligations to prevent, investigate, and punish custodial sexual abuse in U. Recommendations specific to the District of Columbia and the five states investigated for this report appear at the close of each relevant chapter. Congress should pass legislation that requires states, as a precondition to receiving federal funding for the construction and maintenance of state prisons and holding cells, to criminalize all sexual contact between correctional staff and prisoners and, as discussed below, to report annually to the DOJ regarding conditions of incarceration in their respective facilities.

Congress should pass legislation that requires states to prohibit departments of corrections from hiring staff who have been convicted on criminal charges, or found liable in civil suits, for custodial sexual misconduct. The names and identifying information of such individuals should be maintained by each department of corrections, in a database that must be checked prior to hiring any correctional staff. This information should be collected by the DOJ data collection office, discussed below, for use by all states. Congress should appropriate the funds necessary to enable the DOJ to conduct increased and thorough investigations of custodial sexual misconduct and to enjoin prohibited conduct pursuant to CRIPA.

These funds should also be used by the DOJ to create an office of data collection, mandated to keep track of complaints of sexual abuse on a state-by-state basis, to issue semi-annual reports regarding such complaints, to provide complainants with information about the mechanisms available to remedy such abuse, and to follow up with the relevant state departments of corrections or federal prisons regarding any issues of concern. The DOJ should be mandated to do outreach about this office to federal and state correctional facilities, prisoners, and other relevant actors, including through the publication of materials about the data collection office that could be posted within correctional facilities.

The state-level independent review boards or other oversight mechanisms, discussed below, should also supply information on a regular basis to this office. Congress should revise certain provisions of the Prisoner Litigation Reform Act that severely limit the ability of prisoners, nongovernmental organizations, and the Department of Justice to challenge unconstitutional conditions in state correctional facilities. Those revisions, at a minimum, should include: Congress should introduce implementing legislation for the ICCPR and the Torture Convention such that persons in the United States could legally enforce the protections of these treaties in U.

Department of Justice Civil Rights Division 1. Department of Justice, as a necessary step toward improving its responsiveness to sexual misconduct and the quality of its information about same, should establish a secure, toll-free telephone hotline to receive complaints of sexual misconduct by correctional staff and should publicize the existence of this service. The hotline should -provide prisoners information about their rights and about nongovernmental organizations that they may contact for assistance; -forward complaints to both the state officials and the Special Litigation Section and Criminal Section of the DOJ's Civil Rights Division; -ensure confidentiality; -be accessible under all circumstances, including times when prisoners are in segregation; -be viewed as exercising the constitutional right to legal representation, and therefore be free from monitoring by prison officials; and -extend its confidentiality to any written correspondence emerging from a prisoner's contact with the hotline.

The information collected through the hotline should be used to help compile the semi-annual reports of the office of data collection, suggested above. The DOJ should use the information contained in this report and information from other reliable sources to consider initiating additional criminal investigations under 18 U. Sections and The DOJ should require states, as a condition of continued federal assistance, to report annually to the Civil Rights Division regarding conditions of incarceration in their respective correctional facilities. Such reports should include, among other things, patterns of rape, sexual abuse, and other forms of violence against women.

The DOJ should publish an annual report based upon this information. The DOJ should appoint an attorney within its Special Litigation section responsible for overseeing all complaints of sexual misconduct lodged with the section. One valuable contribution from the NIC would be the development of model grievance, investigatory, and training mechanisms to address in particular many of the concerns raised in this report. These procedures should be developed in close consultation with all relevant parties, including those nongovernmental organizations familiar with prisoner work, including with work on sexual misconduct in women's facilities.

Senate for ratification, and after ratification, to include in its periodic compliance reports to the CEDAW Committee information regarding federal measures to eradicate the problem of custodial sexual misconduct in U. Nonetheless, based on our observations in these five states and in the District of Columbia, there are a number of critical cross-cutting concerns that merit urgent consideration by all states. Moreover, based on information that we gathered in the preparation of this report but did not investigate independently, Human Rights Watch is concerned that the problem of custodial sexual misconduct in state prisons, jails, and other custodial facilities for women exists in many states beyond the scope of this report.

Accordingly, we call on all U. Female prisoners historically have experienced disparate treatment compared to their male counterparts. Many of these female prisoners have personal histories of sexual abuse and are now being guarded more often than not by male officers. Moreover, this misconduct is occurring in a context where prison rules and state law do not adequately address the problem, federal law either does not apply or is sporadically enforced, and international human rights law, which provides clear protections against and remedies for such abuse, is largely ignored.

This section describes this historical and legal context. The Characteristics of the Female Prison Population Women constitute only a tiny minority of the prison population in the United States, [2] representing just over 6 percent of all prisoners at the end of Just over 30 percent are incarcerated for violent crimes, such as murder, robbery, or assault. Eighty percent of incarcerated women have at least one child, and the majority of these are single mothers. Research indicates that the children of incarcerated mothers suffer from immediate and enduring adverse effects on their relationships with peers and irreparable harm to the mother-child relationship.

Kampfner asserted that the women often relive the trauma and suffer flashbacks, particularly when the corrections officers search them and conduct pat-frisks. Many women with a prior history of sexual abuse are particularly vulnerable to sexual abuse in prison. According to Kampfner, women prisoners respond to abusive authority figures in prison much as they have prior to incarceration. She continued, "The women are so needy and in need of love, they are set up for oppression. The only way they know is to exchange their bodies [to meet this need]. In one case, the U. Court of Appeals for the Seventh Circuit held that, considering the women's history of sexual and physical abuse, sex could be used as a bona fide occupational qualification BFOQ to restrict male officers from working on the housing units.

Female prisoners, traditionally less litigious and outspoken, have contested the role of male officers to a lesser extent. Corrections officers of both sexes also have sued in several cases with some success to contest sexually discriminatory hiring practices and restrictions imposed by prison administrators. Wisconsin Department of Health and Social Services, the Seventh Circuit permitted the superintendent of a women's prison in Wisconsin to restrict male correctional officers from working in the housing units, because, considering the women's histories of physical and sexual abuse, rehabilitation could not be achieved with male officers in the units.

The Seventh Circuit found that, "given the very special responsibilities of these [male correctional officers] and the obvious lack of guideposts for them to follow," a certain measure of discretion in restricting their employment was permissible. However, rather than adhering to this limited restriction, in March the Georgia Department of Corrections commissioner, Wayne Garner, began transferring male officers out of one women's prison altogether. The new policy was challenged immediately by the Georgia State Employees Union on anti-discrimination grounds.

In late Augustafter the Georgia Equal Employment Opportunity Commission initiated an investigation into the transfers, the Georgia Department of Corrections ended the policy and returned all the transferred guards back to their original facilities. While, as noted below, Human Rights Watch does not as a matter of policy oppose the presence of male officers in female prisons per se, we agree in principle with the notion that some restrictions should be placed on the role of the male officers within women's prisons, particularly in light of evidence that incarcerated women in the United States and elsewhere have been raped and sexually assaulted by male employees.

Disparate Treatment Historically, incarcerated women have been treated less well than men while their gender-specific needs have been ignored. As a result, many female prisoners were, and remain, geographically isolated from their children, as well as from legal and community resources. Similarly, Illinois converted two of its men's prisons to co-correctional facilities. Both facilities are located even further from Cook County, which is home to almost 60 percent of the female prison population in the state, than Dwight, the original women's prison. Because of their small numbers, women are more likely to be incarcerated in a maximum security facility, where women of all security levels are either commingled or separated by internal housing classifications.

Men, in contrast, generally are assigned to prisons based on a variety of factors, including their criminal offense, prior criminal history, and psychological profile. Also, because of the greater number of male institutions, men stand a much better chance of being housed near their place of residence, thus making it easier for family, friends, and attorneys to visit. Women prisoners are commonly cited for disciplinary offenses that are typically ignored within male institutions, and, while they are less violent than their male counterparts, they appear to receive a greater number of disciplinary citations for less serious infractions. However, challenges to disparate educational and vocational programming have met with more mixed success.

In contrast to the above issues, which tend to focus on a particular state, the absence of equal education and programming opportunities in women's prisons is an issue that cuts across state lines. When suits have been settled out of court, states have generally agreed to augment and improve prison programming for women. Many courts reviewing such suits have permitted states a degree of discretion to develop programming for women, limited by the requirement that states provide women with "parity of treatment" rather than equal treatment to that of male prisoners. Department of Corrections, [45] the Eighth Circuit Court of Appeals reversed a district court decision directing the state of Nebraska to provide programs and services "substantially equivalent" to those offered men.

In that case, the circuit court determined that inferior programming could be justified because women prisoners in the state were not "similarly situated" to incarcerated men. Similarly, in the U. Court of Appeals for the District of Columbia reversed a district court decision mandating additional programming for women prisoners because the appellate court found that the lower number of female prisoners made it reasonable that fewer programs were offered. In addition, federal statutory law expressly criminalizes custodial sexual contact between prisoners and corrections staff. Unfortunately, however, these constitutional protections have rarely been applied for the benefit of women prisoners, and the Department of Justice DOJwhich is authorized to protect prisoners' constitutional rights, has pursued cases of custodial sexual misconduct only to a very limited extent.

The result is that even though there are, in theory, a variety of laws designed to protect female prisoners in the United States against custodial sexual misconduct, relatively few instances exist in which these protections have functioned successfully. This section describes such protections in detail and illustrates how inadequacies in the laws and limits to their enforcement contribute to the problem of sexual misconduct in U. This section also demonstrates that, although international human rights law offers additional protection against criminal sexual misconduct, the U. Constitution States are bound to uphold a prisoner's rights under the U.

If a state neglects that duty, the main method of enforcement is through litigation, primarily through lawsuits filed by prisoners alleging personal harm. Such a lawsuit may seek injunctive relief; that is, it may request the court to stop the state from engaging in the unconstitutional conduct. In addition, prisoners may seek financial compensation from government authorities for a violation of his or her constitutional rights. The two constitutional amendments most relevant to custodial sexual misconduct are the eighth, which bars cruel and unusual punishments, and the fourth, which prohibits unreasonable searches and seizures.

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