The subject of ethics in criminal justice has become more important over the last decade as increasing concern about the accountability of law enforcement and public authorities has prompted ethical questions regarding the actions of those who exercise power over citizens. The subject of criminal justice ethics does not only involve those who work with the general population, however. Correctional officers in prisons and jails often face ethical dilemmas everyday. One very common ethical issue that arises in correctional facilities is the invitation to commit sexual misconduct. How these officers deal with such situations, profoundly affects the safety and routine of implementing proper custody.
The corrections profession is one of the most difficult careers in existence today. The usual day consists of dealing with some of the most difficult, violent, and recalcitrant criminals locked behind doors. Due to staff shortages in some places, correctional officers can be found working inside housing pods with 100 maximum security inmates under his or her direct supervision. This is an overwhelming situation to present to someone who has only received brief training and lacks experience.
Sexual misconduct in a correctional facility may be defined as any behavior or act of a sexual nature directed toward an inmate by an employee, volunteer, visitor or agency representative. This includes acts or attempts to commit such acts including but not limited to sexual assault, sexual abuse, sexual harassment, sexual contact, conduct of a sexual nature or implication, obscenity and unreasonable invasion of privacy. Sexual misconduct also includes but is not limited to conversations or correspondence which suggests a romantic or sexual relationship between an inmate and any party mentioned above.
During the 1990s, U.S. correctional jurisdictions recognized that there was a problem of staff-on-inmate sexual misconduct and this problem needed to be addressed. In April of 1999, the federal government, 41 states including California, Texas, and the District of Columbia, had passed laws that criminalized certain violations of sexual misconduct in prisons. Obviously, this issue has spanned the country as a very serious problem.
The effects of staff sexual misconduct in prisons are numerous. It first of all violates the law, which is somewhat of an irony considering the parties involved. It also jeopardizes facility security and creates stress and trauma for all of those involved. Next, it overwhelmingly undermines the public’s support of correctional personnel. Every case of sexual misconduct the public learns about on the news, lowers any amount of faith that a citizen may have in the correctional system. In addition to lower public support, it also affects the public policy behind corrections statutes, therefore diminishing legislative support for funding and reforms. It also exposes the agency and staff to liability and creates a very hostile work environment. Lastly, it creates mistrust within the facility. Mistrust is a problem when staff must rely on each other in dangerous situations with inmates and custody.
In the past 5 years, several national reports have addressed, explored, and investigated the issue of staff sexual misconduct. Even though the majority of these reports result from alleged abuse of women, staff sexual misconduct is by no means limited to a “women’s issue”. Staff/inmate relationships cross gender lines in all directions – female staff and female inmates; male staff and female inmates; male staff and male inmates; and female staff and male inmates. More importantly, staff sexual misconduct tremendously impacts an agency’s ability to achieve its mission, regardless of the genders involved.
Most corrections agencies have been affected in some way by staff sexual misconduct. Being involved in, or ignoring staff sexual misconduct can have dire consequences, not only for the agency, but also for staff and the inmate victim. These serious consequences can be seen in a variety of sexual misconduct cases being brought to the courts. A Federal jury awarded damages in excess of $5.3 million to a former inmate of the D.C. jail. The inmate accused officers of forcing her to perform a striptease show for other officers. The D.C. Department of Corrections has filed an appeal of the award.
In another case, three women at a Federal Bureau of Prisons [BOP] facility in Dublin, California, filed a lawsuit. The women alleged that during August and September of 1995 they were beaten, sexually assaulted, forcibly prostituted by staff to male inmates who paid staff for access to the plaintiff’s cells, and were being held in a segregated wing of the prison. After making official reports of these incidents, under oath, to prison administrators, at least one of the inmate plaintiffs suffered serious retaliation. Three weeks after making her report, her cell door was opened without explanation, and three men entered, handcuffed her, beat her, sexually assaulted her, and threatened to repeat the attack if she continued her complaints. The courts awarded a total of $500,000 to the plaintiffs.
All properly trained correctional staff knows that inmates can be manipulative whether male or female. Staff should always instruct others to protect themselves from all attempts at taking advantage of their authority. The corrections field is a tough and challenging career, but ethical standards must be upheld despite the difficult circumstances in which correctional staff can find themselves.
Reference:
- Sources 1.) An Ethical Dilemma in Corrections, by Albert P. De Amicis. American Jails. November/December 2005. 2.) National Institute of Corrections – Training Guide for Investigators of Staff Sexual Misconduct. www.nicic.org
