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By: Elizabeth P. Layman, Susan W. McCampbell and Andie Moss
Introduction
It
has been sensationalized on television, in newspapers, on television news
magazines, exploited in made-for-TV movies, examined and condemned by the
United Nations, Human Rights Watch, the courts, and federal and state
governments.
Most of us have never been involved in it.
Some of us don’t believe or don’t want to believe that it
exists. There are some that
accept it as human nature, and do not recognize the dangers and
ramifications of participating in it. Some say that it is a problem only
in prisons, where inmates spend longer period of time incarcerated.
Some say that the short stays in jails do not allow enough time
for it to develop. In its
aftermath, some have committed suicide; many have been sentenced to
incarceration, or lost jobs or family.
Both jails and prisons have settled lawsuits, and been subjected
to outside controls and monitoring for their failure to face it and
address it appropriately.
Many
of us don’t know how it happens, and may never understand why an
employee would risk everything for it.
We really don’t want to talk about it, but we know that if we
don’t we will never prevent it or control it.
We have to give it a real name, and accept that it can happen
anywhere and anytime. “It” does have a name.
“It” is staff sexual misconduct.
This
article overviews:
·
The definition of staff sexual misconduct;
·
What is happening nationally that highlights staff sexual
misconduct;
·
Why jail administrators need to assess their agency’s
vulnerability;
·
How to prevent staff sexual misconduct; and
·
How to begin investigating allegations of staff sexual
misconduct.
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Finally, after
decades of circling the issue, we are beginning to define staff sexual
misconduct. Across the
country, a generally accepted definition is emerging based on numerous
court findings, and settlement agreements from some major lawsuits.
That definition is “sexual misconduct is any behavior or act of
any sexual nature, directed toward an inmate or detainee, by an employee,
vendor, contractor, volunteer, visitor, or any other agency
representative.”
Sexual
misconduct includes, but is not limited to, acts or attempts to commit
acts such as sexual assault, sexual abuse, sexual harassment, sexual
contact, obscenity, unreasonable and unnecessary invasion of privacy,
behavior of sexual nature or implication, and conversations or
correspondence suggesting a romantic or sexual relationship.
Staff sexual misconduct is also behavior such as sexualized name
calling between inmates, and between staff and inmates, staff who
“observe” inmates of the opposite sex during period of partial or
total nudity for periods of time longer than necessary for facility
security interests, staff having physical contact with inmates outside the
need for searches and related security functions, and staff who make
explicit comments about the physical appearance of an inmate.
Why
should jail administrators take the time to assess the possible existence
of staff sexual misconduct in their organization when they have no
“incidents”? Is having no
reported incidents of staff sexual misconduct a testament to a
well-managed agency; or possibly symptomatic of a problem which is so
underground that staff sexual misconduct is on no one’s radar screen?
The
reality is chilling. Staff
sexual misconduct is not an issue limited to women inmates and male staff.
Staff sexual misconduct exists in small jails and larger systems.
Sexual misconduct is rarely rape, and most often characterized as
“consensual”. Misconduct
occurs between inmates and volunteers, chaplains, lawyers, contractors,
medical personnel and interns. No individuals entering a jail should be
considered immune from being involved in an inappropriate relationship
with an inmate. The signs of
staff sexual misconduct are sometimes visible to peers, supervisors, and
managers, but are often overlooked or misunderstood because the
possibility of a colleague engaging in appropriate behavior with an inmate
is unthinkable. Yet, in the
subculture of some agencies, staff sexual harassment of inmates is part of
their “culture”, condoned, at least tacitly, by administrators.
This sexualized work environment is all some agencies know; it is
the behavior modeled by supervisors and managers.
Inmates and staff learn to adapt their behavior to live in this
alternative reality.
The
impact of staff sexual misconduct on an organization and its staff can be
very harmful.
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·
Jeopardizes facility security;
·
Is illegal in 47 states;
·
Can violate the constitutionally guaranteed rights of inmates;
·
Exposes the entire agency and staff to civil and criminal
liability;
·
Creates a hostile work environment;
·
Destroys trust among staff and inmate the population;
·
Corrupts professionals by inviting compromise and dishonesty;
·
Victimizes those already vulnerable [by nature of their
susceptibility to inappropriate behavior, their past history of abuse, and
their subordinate position to staff];
·
Undermines public support for jails and jail personnel; and
·
Diminishes legislative and public support for funding and reforms.
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