At the Intersections of Race, Gender, and Mass Incarceration
Over the past couple of years, sexual violence in America has received much more attention as the issue of sexual assault on college campuses has exploded into the mainstream consciousness. As the public, students, and higher education institutions continue to grapple with this epidemic, the Human Rights Project for Girls reminds us with their recently released study, The Sexual Abuse To Prison Pipeline: The Girls’ Story, that sexual violence does not impact only college age youth. It impacts young girls, particularly young girls of color (primarily African-Americans, Latinas, and Native Americans) as well as youth who identify as lesbian, gay, bisexual, transgender (LGBT) or gender non-conforming (GNC). Young girls of color and LGBT/GNC girls are at a particularly high risk because the justice system punishes youth of color and youth who do not conform to gender norms much more harshly than their white heterosexual counterparts.
What does sexual abuse have to do with incarceration?
Experiencing sexual abuse puts girls at enormous risk for arrest and incarceration. When girls are arrested, it is rarely because they have committed a violent crime. More often than not, they are arrested because they have become truant, run away, or engage in substance abuse (which are called status offenses for youth under 18). Why did they stop going to school or run away from home? The answer, in many cases, is that girls are running away from abusive situations. They are then arrested and locked up for running away. This is the cycle that is the sexual abuse-to-prison pipeline. At the root of this cycle is sexual violence. The reactions girls have to this violence — which they are punished for — are merely coping behaviors.
Wait, so…they are victims of sexual abuse, and they run away to escape the abuse, but running away is a crime, so they get arrested?
“Sexual abuse is a crime, and should not be the punishment for a crime.” – US Department of Justice Letter to Governors, March 5, 2015
While this statement might seem obvious to those who work in sexual violence prevention and response, it represents a profound shift in how the wider public, and even those in corrections, view sexual assault in the context of prison. Rape and sexual harassment have long been considered an inevitable—or even deserved—part of the prison experience. Additionally, sexual violence is ingrained in the prison system, perpetrated (by inmates as well as guards) as a means of establishing and maintaining power dynamics and prison hierarchy.
The Prison Rape Elimination Act (PREA) was passed in 2003 to address the epidemic of sexual assault in all corrections facilities, but comprehensive guidelines didn’t take effect until 2012, with the National Standards to Prevent, Detect, and Respond to Prison Rape. Finally, just this month, May 2015, the Department of Justice will begin to enforce those guidelines by withholding funding from states that are not in compliance. The National Standards specify that any confinement facility (including prisons, jails, lock-ups, juvenile facilities, and community and immigrant detention centers) must:
Adopt a “zero-tolerance policy” towards sexual assault and sexual harassment
Train both staff and inmates on sexual abuse
Train staff on effective and professional communication with LGBTQ and gender non-conforming inmates
Provide at least two internal and one external way for inmates to report abuse
Provide access to outside advocates for emotional support related to the abuse, and provide as much confidentiality as possible
Discipline perpetrators of sexual assault, both guards and inmates
Separate youth in adult correctional facilities and prevent unsupervised contact with adults
Provide access to support services for inmates with disabilities and limited English proficiency
Ensure inmates have timely access to appropriate medical and mental health services, on par with community level of care