Wednesday, January 14, 2015

2014 Professional Interview with a Fairfax County Juvenile Probation Counselor

          Sexual misconduct between guards and inmates: We see these type of relationships portrayed in television shows, such as Orange is the New Black, or stories in the news about a male inmate impregnating multiple female guards. The Prison Rape Elimination Act prohibits such behavior, yet it is something that is going on in our correctional facilities. According to the Justice Department’s Bureau of Justice Statistics, female, LGBT, and the mentally ill are more likely than any other inmates to report sexual victimization. “An estimated 80,000 inmates reported one or more incidents of sexual victimization by another inmate or facility staffer within the previous 12 months or since they were admitted to a facility” (Montopli). Of those who reported sexual misconduct with a staff member, half claim the encounter was consensual. Legally as an inmate however, such contact cannot be considered consensual.

Sexual victimization is defined as "all types of unwanted sexual activity with other inmates, abusive sexual activity with other inmates and both willing and unwilling sexual activity with staff."                                                                                 -B. Montopli

Not only is it alarming that sexual victimization is happening in prisons and jails between inmates and staff members, but juveniles are also reporting similar incidences. I decided to do an interview with a probation counselor at the Fairfax County Juvenile Detention Center on the issue of sexual misconduct in such facilities.

 

I started off my interview by giving Mr. Allan a percentage of how many detained juveniles reported being sexually victimized by a staff member at least once in the last 12 months. Allan felt like the statement “sexually victimized” was too broad, claiming that many of the juveniles in his facility feel uncomfortable during certain procedures that may lead them to claim they have been victimized. One incidence would be during a search. Sometimes, staff members must have the detainees drop their pants and underwear to do a complete search for contraband. Because of his experience, he doesn’t believe 8% is a high number of respondents reporting sexual victimization.

From those who reported being victimized, 9 in 10 males reported incidents with female staff. Allan recognizes that all detention centers are ran differently and some have stricter policies than others, but in Fairfax there is a system where a man cannot be on a female unit unless there is another staff member present and vice versa when it comes to a female on a male unit. Only time a staff member of the opposite sex can be alone with a detainee is if her or she is a supervisor. In his place of work, these numbers would be high, but he doesn’t doubt that these statistics aren’t possible in other parts of the country.

According to the Bureau of Justice Statistics Survey, the use of force or threat was present in only one of five victims. Research suggest that female guards are more likely to establish relationships with male detainees to build their trust. Allan believes that this type of behavior makes male juvenile detainees less likely to report sexual abuse or even consider it abuse. He says, “It’s unfortunate that incidents of sexual abuse and misconduct happen in these facilities, a place where we are not only detaining juveniles for something they did wrong, but  are responsible for mentoring these kids, getting them back on track, and preparing them for when they are released. In a perfect world, to reduce this type of misconduct and abuse, it would be essential to keep male staff away from female detainees and female staff members away from male detainees. Because of different circumstances, such as limited staff, resulting in a female member having to work on a male unit or vice versa, it’s sometimes impossible to keep them apart. I will say, however, that these facilities need to conduct more extensive background checks on potential staff members”.

 

Allan believes that female staff members are more likely to abuse male detainees than male staff members to abuse female detainees. He argues that a female would have a higher likelihood of telling other detainees about the sexual misconduct or abuse than a male detainee, and this would increase the chances of a male staff member being caught. Because of his experience working with people, he concludes that a male could be tempted to engage in some form of sexual misconduct with a detainee, but is less likely to act on it because the chances of him getting caught would be too high and not worth the consequences.

At the Fairfax Juvenile Detention Center, an applicant must have a degree or in the process of finishing up his or her degree. This can be a degree in criminal justice, criminology, sociology, psychology, etc. As previously mentioned, not only is a juvenile detention center a jail, but essentially staff members are juvenile counselors and mentors. One must be able to build a rapport with the juveniles, be “semi-physically fit”, have “tough skin”, and be able to take care of the residents (providing them with necessities, such as food, clean clothes, medication, etc.).

Allan isn’t aware of any type of seminars that help teach how to detect sexual misconduct in the facility, but his supervisors stress the issue of sexual misconduct and how there is a zero tolerance for such behavior in the workplace, especially with a resident. The Prison Rape Elimination Act of 2003 was put into effect to develop standards for detention, prevention, reduction, and punishment of prison rape. Allanbelieves that issues of sexual misconduct and abuse in correctional agencies have somewhat been swept under the rug. Most institutions don’t want such allegations and incidents to leak out to the public, but if there is a leak, most agencies will suspend the abuser without pay or fire them, depending on the severity of the allegations and how much can be proven.

Regardless to the measures, something has to be done with the issue of sexual victimization in correctional institutions. Not only are inmates being victimized, but what do these incidences say about our criminal justice system? Many juveniles in detention centers have parents who expect the staff members to take care of their children as well as rehabilitate them. If these people working in these facilities are abusing their authority and engaging in sexual misconduct with their children, a lack of trust for the system will arise. According to Montopoli, both Florida and New York had three facilities with high incidences of staff sexual victimization, more than any other state. In these two states, I wonder how the parents of children in these facilities feel about the system.