Women in Prison

Most U.S. correctional jurisdictions recognize that sexual misconduct by staff against inmates is a problem that cannot be tolerated. Staff-on-inmate sexual misconduct covers a wide range of behaviors, from lewd remarks to voyeurism to assault and rape. As of April 1999, the federal government, 41 states, and the District of Columbia had passed laws criminalizing some types of staff sexual misconduct in prisons. Also, most U.S. correctional systems have participated in training to help them develop policies and procedures to deal with such misconduct. The four correctional systems that GAO studied--the federal Bureau of Prisons, the California Department of Corrections, the Texas Department of Criminal Justice, and the District of Columbia's correctional system--have or were in the process of developing policies to ban staff sexual misconduct. However, GAO's work in the four jurisdictions found that sexual misconduct persists. Between 1995 and 1998, female inmates in the three largest jurisdictions GAO studied made 506 allegations of staff sexual misconduct; 92 of them were sustained, generally resulting in staff firings or resignations. But the full extent of sexual misconduct is unknown because two of the three jurisdictions did not provide data on all types of allegations. Of the four jurisdictions, only the Bureau of Prisons reported any criminal convictions under sexual misconduct laws from 1995 to 1998. All four jurisdictions were involved in at least two civil lawsuits arising from staff sexual misconduct during this period. Officials in the four jurisdictions cited a lack of evidence as the primary reason why more allegations were not sustained. Generally, none of the four jurisdictions GAO studied had readily available, comprehensive data or reports on the number, the nature, and the outcome of staff-on-inmate sexual misconduct allegations. The absence of such systematic information makes it difficult for lawmakers, corrections management, and others to effectively address the problem.

GAO noted that: (1) during the 1990s, most U.S. correctional jurisdictions have recognized that staff-on-inmate sexual misconduct is a problem that should not be tolerated; (2) as of April 1999, the federal government, 41 states, and the District of Columbia had passed laws criminalizing certain types of staff sexual misconduct in prisons; (3) most U.S. correctional systems have participated in training to help them develop and implement applicable policies and procedures to address such misconduct; (4) the four correctional systems GAO studied have or were in the process of developing specific policies that prohibit staff sexual misconduct; (5) while laws and policies could help minimize staff sexual misconduct, GAO's work in four jurisdictions indicates that such misconduct still occurs; (6) according to data provided by the 3 largest jurisdictions, during calendar years 1995 to 1998, female inmates in these jurisdictions collectively made a total of 506 allegations of staff sexual misconduct, of which 92 were sustained; (7) most of the sustained allegations resulted in staff resignations or employment terminations; (8) the full extent of staff sexual misconduct is unknown since two of the three jurisdictions did not provide data on all types of allegations; (9) the District of Columbia provided data for December 1995 to June 1998, during which 12 of 111 female-inmate allegations were sustained and resulted in staff resignations or disciplinary actions ranging from suspensions to employment terminations; (10) of the four jurisdictions studied, only Bureau of Prisons (BOP) reported having any criminal prosecutions with convictions under sexual misconduct laws during 1995 to 1998; (11) all four jurisdictions were involved in at least two civil lawsuits related to staff sexual misconduct during this period; (12) officials in the four jurisdictions cited lack of evidence as the primary reason why more allegations were not sustained; (13) the officials told GAO that most allegations involved verbal harassment, improper visual surveillance, improper touching, or consensual sex; (14) the officials noted that allegations involving rape and other types of forced sexual assault were relatively rare; (15) however, none of the four jurisdictions GAO studied had readily available, comprehensive data or reports on the number, nature, and outcomes of staff-on-inmate sexual misconduct allegations; and (16) the absence of such systemic data or reports makes it difficult for lawmakers, corrections management, and others to effectively address staff sexual misconduct issues.

Recommendations

Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.

Director: Team: Phone: