Incarcerated Women’s Experiences of Staff-Perpetrated Rape: Racial Disparities and Justice Gaps in Institutional Responses

Abstract

Within correctional settings, incarcerated women have disproportionately high rates of experiencing staff-perpetrated sexual victimization. In addition, only a small proportion of incarcerated women formally report their victimization experiences to correctional staff and even fewer reports are fully investigated by internal investigators and found to be substantiated. Given the multiple steps in this process, incarcerated women face several possible justice gaps in receiving preventive and intervention-focused responses from correctional staff. Racial differences among incarcerated women’s experiences of these steps have not been explored. This study used a structural intersectional framework to examine racial differences in these areas: incarcerated women’s experiences of staff-perpetrated rape, reporting decisions, and correctional staff’s investigation decisions. With a sample of 180 incarcerated women, this study included analysis of archival data (i.e., settlement claim forms and internal investigation files) from a class action lawsuit involving incarcerated women who had experienced staff sexual misconduct. Black women represented over half of the incarcerated women who experienced staff-perpetrated rape. There were no statistical differences between Black and White women with regard to the characteristics of their victimization experiences, and they had similar rates of reporting their victimization to institutional staff. However, significant differences were found between women with regard to prison staff’s responses to their reports; Black women were less likely to have their reports investigated by staff and were more likely to have their investigated reports found to be unsubstantiated. A detailed analysis of 100 specific incidents showed similar findings. Thus, while justice gaps existed for all women, gaps in institutional responses were exacerbated for Black women. Centering incarcerated Black women’s experiences is pivotal for guiding efforts to transform correctional settings, to prevent and address staff-perpetrated sexual victimization, and to build safety for incarcerated women.

Women's Experiences of Intimate Partner Violence While Incarcerated: The Measurement Structure, Reliability, and Validity of a Novel Instrument

“…Existing instruments of IPV do not focus on the dynamics of incarceration that are specific to IPV that occurs for incarcerated women by outside partners. In research about incarcerated women (e.g., Fedock et al, 2019;Golder et al, 2012;M. S. Jones et al, 2018), women's experiences of physical and sexual IPV are often studied using general measures of IPV (Bender, 2017), such as the Revised Conflict Tactics Scale (Straus et al, 1996), which asks about specific actual and threats of physical violence and dynamics of sexual coercion.…”

“…Future researchers also may consider the timing, duration, and changes in IPV by outside partners over time for this population, while also considering associations with women's mental health, parenting relationships, and connections to other forms of social support. It would also be worth studying abuse perpetrated by staff, such as abuse of pregnant incarcerated women by medical staff (Sufrin et al, 2015) and abuse by correctional officers (Fedock et al, 2019), to obtain a more complete picture of victimization experienced by women while incarcerated.…”

“Terrified of a System I Didn’t Understand”: Reporting Staff Sexual Misconduct Against Women on Parole

“…Additionally, correctional staff are given authority and instructions to search and have surveillance over incarcerated women's bodies, making the lines between sexual abuse and sexual contact "in the line of duty" difficult to distinguish (Calhoun & Coleman, 2002). Even when women identify staff behaviors as abusive, the precarious legal circumstances of justice-involved women may make them less likely to report abuse to mainstream institutions, in part because institutions may have discounted, blamed, failed, and further harmed them (Brenner et al, 2016;Fedock et al, 2019;Richie, 2002).…”

Professional boundary violations in prisons: a scoping review of the literature

“…The introduction of contraband items, for example, could lead to increased drug use and violence in prisons, contributing to a dangerous environment for those within (Peterson et al, 2021). Staff who are involved in behaviours such as excessive use of force or sexual contact with prisoners risk their livelihoods and their freedom (Rembert and Henderson, 2014), while prisoners made subject to such violations can experience severe, long-lasting victimisation in custody which can continue beyond release on license (Fedock et al, 2019(Fedock et al, , 2021. Media exposures of violative behaviours can be embarrassing for prison institutions but also financially costly as they may need to investigate, discipline and/or dismiss staff and incur further costs for recruitment and training, legal challenges and compensation for victims.…”