It’s an optimistic headline: “Prison Rape: Obama’s Program to Stop It”. It leads into a comprehensive New York Review of Books article on three recently released Federal government publications. Two of these documents examine sexual abuse in the nation’s detention centers while the other outlines theDepartment of Justice’s regulations for eliminating prison rape. All three aim to address the appalling number of people—young and old, female and male, citizen and those awaiting deportation— who routinely suffer sexual violence while in lockup, an estimated 209,000 plus every year according to the Justice Department.
So where’s the optimism? The guidelines established by the Obama administration are—on paper, at least—good ones. As the reviewers David Kaiser and Lovisa Stannow (both staunch advocates for victims of prison sexual assault) note, the new recommendations address pivotal issues: how detention centers are staffed, how those staffs are trained in sexual abuse issues, and how inmates are supervised. Equally important is how offenders are evaluated for their potential as either sexual prey or predator. This provision is crucial in protecting young offenders, especially LGBT youth who are in greater danger of sexual harassment and abuse by peers and adult inmates. Once this information is obtained housing can be assigned based on vulnerability, which in the case of minors means not being housed with adults. There are also new standards on how prisoners can report sexual assault and on how that information is handled and investigated by staff. Kaiser and Stannow write that if these standards are successful—“and we believe they will be”—then the incidences of prison rape will be reduced dramatically.
But I can’t share their optimism. I wish I could. My skepticism stems from the way in which these regulations are to be enforced. Enforcement will be the responsibility of the state departments of corrections and the correctional staff in charge of prisons and jails.
Anyone who has worked in a detention facility knows the power of frontline staff to sabotage whatever standards or procedures are put in place. In my ten years working as a high school teacher in a county prison I’ve watched this culture of obstruction play out as many correctional staff subvert—sometimes blatantly, most times covertly—everything from innovative grant-funded projects designed to reduce recidivism in young offenders to simple routines such as making sure all inmates daily attend their assigned programs, all measures that would provide true “safety and security” for staff as well as inmates and that would further the stated goal of incarceration: rehabilitation.
What’s behind this apparently illogical obstruction? It is the same dynamic that informs so much of what goes on in any detention system; it is certainly the dynamic that is behind all prison sexual violence: the power grab. All lockups whether they be for adults, minors or immigrants awaiting deportation are run on a hierarchy of power: Who’s got it, who wants it and what you’ll do to get it. Within this structure there is the inevitable scramble for power and position in an environment where everyone feels impotent.
People who are locked up live every day of their incarceration with this lack of control (and for so many of them, every day of their lives) and so understandably make the power grab. This is especially true for young offenders who are the most vulnerable in this predatory world. Ironically it is just as pronounced with correctional staff. Over my years in the prison system I’ve often heard officers openly complain that the work they do is just as dangerous, if not more so than other law enforcement officers, yet they feel they are underpaid and not respected as professionals by their peers and society in general. So what better way to “stick it” to the system, to “show” wardens, county executives, the Feds, civilians, and certainly inmates that COs are the ones who make or break things in prison than by subverting regulations, routines, and structures.
The Obama guidelines are strong in addressing the delicate and fraught issue of sexual violence. This is especially true when it comes to the victimization of young people and the sexually vulnerable. Is it wise then to leave their implementation in the hands of the people who are themselves part of the problem both in terms of upholding standards and in terms of actually being sexual assailants themselves? (Reports show that half of all sexual abuse is committed by correctional staff.)
Kaiser and Stannow are confident that enforcement of these regulations “will make American detention facilities better run, more humane, and safer places in general.” It is a hopeful vision. But if we want detention centers that are humane and safe we have to go beyond a fresh set of regulations. We need to make fundamental changes in the prison system: confront the perverted power structure—and struggle—that dominates these institutions and that leads to sexual violence and replace it with a form of justice that truly values rehabilitation and that restores dignity and respect to victim, inmate and correctional staff. Radical steps? Yes. Do we have a choice? The numbers say we don’t—because each incident of prison rape radically changes a person’s life forever.