Eliminating Prisoner Abuse

Rape is an unseen epidemic in Texas prisons. No one can tell you how often it happens, but it is frequent and terrible for both men and women. The Bureau of Justice Statistics (BJS) has released an initial report, with more to come, documenting the number of allegations of rape each state reports. Of the 1,626 sexual assault allegations reported by states last year, 511 were in Texas. As bad as this number is, the reality is likely far worse.

TDCJ annually receives about 25,000 requests from inmates for protective custody or safekeeping status. Since these programs (particularly protective custody) often come with a very significant loss of privileges (less recreation time, lack of access to education and work programs, even less access to a TV), we can safely say that people must feel extremely threatened to request it.

The Prison Rape Elimination Act (PREA) of 2003 requires states and counties to report sexual assaults. However, there are currently no practices used to standardize the reporting of sexual assaults from correctional facilities. Additionally, there are no standards that ensure counties are reporting sexual assaults that take place in county jails. During 2005, at least 34 sexual assaults were report in Texas jails. However, the reality may be much higher.

Prisons exist to isolate dangerous individuals from society. The ACLU believes that any punishment should be decided by society; weak inmates should not simply be abandoned to suffer for years as sex-slaves to be bought and sold by prison gangs.

There is interest being shown on a national level. Along with studies by the BJS, two national commissions have been formed to look at rape and violence in prison. The National Prison Rape Elimination Commission, is holding national hearings, as is the Commission on Safety and Abuse in America?s Prison, created by the Vera Institute of Justice. These hearings and reports will increase media attention on the problem, and create a window of opportunity for a campaign to pressure policymakers to create real changes in the system.

PJAP recommends several solutions to improve accountability in all instances of sexual assault in Texas prisons and jails:

Solutions:

• Improved screening and training of the Texas Department of Criminal Justice (TDCJ) and Youth Commission (TYC) staff is an essential prevention measure and an effective way to establish a tone of institutional seriousness toward this problems;

• Prisoners who are victims of sexual assault may not come forward right away because of fear or shame. As a result, in cases of sexual assault, there should be a general exception to the rule in that complaints regarding sexual assault do not have to be filed within 15 days of the incident for a Step 1 grievance. Rather, inmates who file grievances regarding sexual assault must exhaust the process within a "reasonable" time period;

• 24-hour rape kit for every in-custody sexual assault;

• Improve classification methods to protect vulnerable prisoners. Anyone can be a victim, but assaults are concentrated among inmates who are youthful in appearance, homosexual, and nonviolent;

• Establishing an Office of the Sexual Assault Ombudsperson that is independent of TDCJ and TYC in order to ensure the impartial resolution of assault complaints and to comprehensively monitor progress toward the eradication of this problem; and

• Adopting and complying with the new standards once they are generated by the federal Prison Rape Elimination Act Commission.

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