Friday, May 31, 2013

A World Without Rape



I confess, I wasn't able to imagine a world without rape.  It just seemed to be a horrific part of what makes us human.  However, thanks to the brilliant dance actions of One Billion Rising, not only can I imagine a world without rape, I am demanding a world without rape.  

That’s why getting our governors to redouble their efforts to fully implement the Prison Rape Elimination Act’s (PREA) Youthful Inmate Standard by removing youth under 18 from adult jails and prisons is on the top of my “to do” list. (In case you didn't see it, the New York Times is taking a stand against Prison Rape too. See the editorial Rape Behind Bars.) PREA regulations represent the first time the U.S. government has created national standards to eliminate sexual abuse in prisons, jails, juvenile detention facilities, community corrections facilities, and police lock-ups. The regulations ban the housing of youth in the general adult population, prohibit contact between youth and adults in common areas, and limit the use of isolation.  State and local facilities must certify compliance by October 1, 2013.  

Earlier this month, the U.S. Department of Justice released a study with some very suspicious numbers. They reported that overall rates of sexual victimization for youth ages 16 and 17 in adult prisons (4.5%) and jails (4.7%) were higher than those for adults (4.0% in prisons, 3.2% in jails).  According to Campaign for Youth Justice, “Previous research by BJS shows that 21% and 13% of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005 and 2006, respectively, were youth under the age of 18 (surprisingly high since only 1% of jail inmates are juveniles).  Put another way, previous BJS research shows that youth in adult facilities were 13 to 21 times as likely to be sexually assaulted while in custody than their representation in the correctional population.”

We know that these numbers are underreported – rape is always underreported, especially in an environment where there is fear of retaliation. The CYJ explains in their press release, that according to previous studies, “fewer than 1 in 6 youth reported an incident of sexual victimization by other inmates, and fewer than 1 in 10 youth reported an incident of staff sexual misconduct to someone at the facility, a family member, or a friend.”  

We need to trust that the information released is as close to accurate as we can get. Professor Brenda V. Smith, Director of the Project on Addressing Prison Rape at the American University, Washington College of Law explained “During my tenure as a commissioner on the National Prison Rape Elimination Commission, we found that youth are at particular risk of abuse in custodial settings – both juvenile and adult facilities.  We also found that youth in adult facilities were at great risk for sexual abuse in adult facilities. While I appreciate BJS taking a closer look at victimization of youth in adult facilities, these findings call for a closer look at the data, and conflict with existing research  -- their own and others --  and from the previous accounts given by youth to the people that they trust.”

So DOJ needs to double-check their numbers so that states can’t hide behind this report. There is no excuse for government to release shoddy analysis, especially as President Obama is increasing the transparency of public information. Our children’s lives are at stake.   

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