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Custodial Sexual Misconduct: Survey of All 50 States, DC and the Federal Bureau of Prisons

NCJ Number
190426
Date Published
2000
Length
28 pages
Annotation
In following up on a 1999 Amnesty International report that described conditions for women incarcerated in prisons and jails across the United States, the current report focused on two areas of concern: custodial sexual misconduct and the treatment of women in custody who were parents or were pregnant.
Abstract
The information compiled in this report, based on a survey by Amnesty International, summarized existing relevant legislation, policies, and practices in every State, the District of Columbia, and the U.S. Bureau of Prisons and reviewed these areas in the context of international human rights standards. The main concerns identified from the survey were the continuing lack of laws that would prohibit custodial sexual misconduct in some States; the failure of existing laws to provide adequate protection; and the widespread lack of legislation and uniform standards, in policy and practice, to protect incarcerated women in labor from being shackled during child birth. Amnesty International believes legislative and policy shortcomings in these areas contribute to human rights abuses against inmates. To combat custodial sexual misconduct, Amnesty International recommends that only female officers guard female inmates; that sexual abuse of all persons in custody be expressly prohibited and immediate action take against staff who sexually abuse inmates; that all complaints be investigated independently, promptly, and thoroughly; that victims of sexual abuse be provided with appropriate care and redress; and that inmates and staff who report abuse be protected from retaliation. Further, Amnesty International recommends that State legislatures enact laws to ban the shackling of pregnant inmates and that departments of corrections, prisons, and jails adopt policies on the use of restraints as specified in this report. 43 notes