Abuse Happens Even In Controlled Environments

 

According to a study funded by the United States Department of Justice, many youths who are detained are being victimized.  These numbers are self-reported by the youth who are detained.  

10.8% of males and 4.7% of females reported sexual activity with facility staff.  9.1% of females and 2.0% of males reported unwanted sexual activity with other youth.  Youth with a sexual orientation other than heterosexual reported significantly higher rates of sexual victimization by another youth (12.5%) compared to heterosexual youth (1.3%). 

 Youth who had experienced any prior sexual assault were more than twice as likely to report sexual victimization in the current facility (24.1%), compared to those with no sexual assault history (10.1%). 

The above statistic is especially unsettling to me.  We know that in the general population, an adult who was a sexual abuse victim as a child is an average of 2.5 more likely to be a sexual abuse victim as an adult than a woman who had not been abused in childhood.   (Classen, Palesh, Aggarwal, 2001)  Unfortunately, the high likelihood of re-victimization reaches into detention facilities, where children are exposed to a limited number of people--people who are supposed to keep them safe.  People who have passed background checks.  This is not okay. 

Although the victimization of detained people and especially youth is appalling, PA is trying to combat this with a law specifically against institutional sexual assault of a minor.  This law states that an employee or agent of the Department of Corrections, other detention facility, or a mental retardation facility, commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse, or indecent contact with an inmate, detainee, patient or resident.  (18 Pa.C.S.A. 3124.2)  Issues of consent do not apply according to this law.  There is an inherent power imbalance when someone is detained, therefore, the inmate/resident cannot freely consent.  I, for one, am glad that there is no question of consent when people are incarcerated.  However, similar to the workings of the outside world, prisoners can only report the crime.  They have no control over whether the assailant gets prosecuted.  The Prison Rape Elimination Act is trying to make strides towards more consistent and comprehensive policies and punishments, but there is still a long way to go.  Detainees cannot change their environment, they cannot avoid certain people.  Their power and choices are very limited when they reside in a detention facility.  We must continue to support victims from all walks of life.  Like Just Detention’s motto says--Rape is not part of the punishment.