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Alex Coolman and David Eisenman, Sexual Assault: A Critical Health Care Issue, Correct Care, Fall 2003.
When Colorado inmate Robin Darbyshire returned from a transport trip
between two corrections facilities, she was nervous and dehydrated. She
kept taking showers over and over. Finally, a fellow inmate asked her if
she was okay, and her story came out: Robin had been sexually assaulted by
the driver of the private transport van. Correctional medical
practitioners examined Robin, diagnosed her with post-traumatic stress
disorder, and helped start an investigation that eventually led to a
successful civil lawsuit against her assailant.
Robin's case points to the critical role that health care practitioners
can play in dealing with sexual assault in detention - and the possibility
that assaults may go undetected in the absence of pro-active steps to
understand inmates' situations. The recently passed Prison Rape
Elimination Act of 2003 (PREA) provides an opportunity for healthcare
providers in prisons and jails to take those steps, enhancing their
detection, treatment, and prevention of prison sexual assault.
The PREA will fund a nationwide prevalence study of sexual assault that
will give corrections officials and health care providers a better
understanding of the significance of this problem. While we await this
data, we can learn from the results of previous work.. One study of
Midwestern prisons reported that among male inmates - who are most likely
to be assaulted by fellow inmates - 21% had experienced "pressured or
forced sexual contact." Female inmates, who, like Robin, are more likely
to be victimized by male employees, also report significant rates of
assault. In one study, rates of forced sexual contact ranged from 7% to
27%.
Importantly, the PREA creates increased scrutiny of the efforts of
corrections facilities to prevent and respond to this problem - a factor
that makes it more relevant than ever for health care practitioners to
understand the patterns of victimization and effective tools for dealing
with incidents when they occur. Federal guidelines mandated by the new
law, for example, will address the physical and psychological treatment of
victims, referrals to long-term care, post-rape prophylaxis, and the
reduction of HIV transmission.
Some basic facts about the problem are already known: Among male inmates,
sexual assault victims tend to be young, physically small, nonviolent,
first-time offenders who are not "street smart." Transgender inmates, gay
men, and inmates who are simply perceived to be gay, are also at increased
risk. A study of one institution reported that 41% of gay inmates had been
sexually assaulted, a rate that was more than four times higher than that
of the institution as a whole. Lesbian, gay, bisexual, and transgender (LGBT)
inmates often face institutional apathy when attempting to report abuse,
as their sexual identity is incorrectly interpreted as an indication that
they must have "wanted" to be victimized.
When a new male inmate is successfully sexually attacked - or "turned out"
- it is often taken as an indication that the inmate is fair game for
repeat victimization. In some cases, these initial attacks take the form
of brutal gang rapes, while the mere threat of such violence is employed
in other situations to coerce sex from victims.
Female inmates, too, may face threats of violence or, alternatively, may
be offered special treatment and privileges in exchange for sex. Women
inmates who are mentally ill or disabled are often targets of sexual
misconduct.
For health care practitioners, inmate secrecy, shame and lack of awareness
about appropriate sexual boundaries may be an obstacle to addressing
sexual assault. Male rape victims may feel intense guilt about the fact
that they have "allowed" themselves to be attacked, and have a sense that
they have lost their masculinity. One third of female inmates have been
raped at some point in their lives prior to incarceration, according to
the U.S. Department of Justice, and this history of abuse can make for its
own set of complex and painful responses to trauma behind bars.
While part of the burden for overcoming these barriers rests with the
administrators of detention facilities, health care practitioners can help
inmates overcome some of these obstacles by actively including sexual
assault in the range of issues discussed with them. Sexual assault should
be considered as a differential factor in cases of trauma, STDs,
hepatitis, pregnancy, chronic pain syndromes, and mental health problems,
for example. Speaking candidly and specifically with inmates about
behavior, and steering clear of jargon or stigmatized terms like
"coercion" and "rape" is also an important component in eliciting an
honest response from an individual who may not feel comfortable describing
his or her experience. Practitioners should strive to ask frank,
straight-forward questions about sexual incidents without shaming inmates
or displaying embarrassment about the subject matter.
Clinics should have a protocol in place to respond when sexual assault is
suspected. This means not only having a procedure for treating injuries,
but also having policies for reporting abuse when appropriate, screening
for STDs, providing counseling for victims and thorough follow-up care,
and ensuring that forensic evidence is collected either onsite or outside
of the facility. In at least some cases, what begins as a medical issue
may evolve into a criminal investigation. A good protocol should help this
process happen while protecting inmates from the potential threat of
retaliation.
In an effort to help, Stop Prisoner Rape (SPR), a national non-profit
organization based in Los Angeles, works with corrections professionals
from around the country to implement sounds measures in their facilities
to address sexual assault. SPR is now specifically seeking new
opportunities to collaborate with correctional health professionals to
address this problem.
Health care practitioners' awareness of sexual assault risks and their
response to instances of abuse can contribute to a safer, more humane
institutional atmosphere for everyone. As attitudes toward this issue
evolve - and as legal oversight increases - health care practitioners have
both an opportunity and an obligation to create comprehensive,
forward-looking policies to address sexual assault.
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