Stop Violence Against Women
Abuse of Women in Custody: Sexual Misconduct and Shackling of Pregnant Women
- Key Findings
Legislative Protection
This survey covers all 50 states, Washington, DC and the Federal Bureau of Prisons.
- Only one state–Vermont–has no law prohibiting custodial sexual misconduct. This represents a marked improvement. Six years ago, 14 states had no law prohibiting sexual relations between persons in custody and correctional staff. In 1990, 40 states lacked laws criminalizing custodial sexual misconduct.
- Seven states now have statutes that address the major concerns of Amnesty International. Alabama, Illinois, Kansas, Michigan, Minnesota, Nebraska and Oklahoma. This represents a marked improvement, as only one state (Oklahoma) met the main concerns in 2001. AI notes that while these statutes have met AI's basic six criteria, they may have other flaws. For example, Michigan's statute requires actual knowledge of the alleged victim's status in most cases for a finding of guilt. Illinois' statute exempts those who have "no knowledge" and "no reason to believe" that the victim was a person in custody.
- Many of the statutes that do exist fail to address all of Amnesty International's main concerns:
- In four states, statutes allow for a woman inmate to be held criminally liable for engaging in sexual conduct. Arizona, California, Delaware and Nevada. Arizona does not consider the inmate's lack of consent, so even an inmate who was raped could be charged under this law. In California, inmates may be penalized for oral sex or sodomy. In Delaware and Nevada, statutes call for punishment of the inmate if he or she is unable to prove rape.
- Three states would allow an officer to claim that a person in custody consented to the sexual act(s) to avoid prosecution. Statutes in Colorado and Wyoming allow consent as a defense. In New Hampshire, the state must prove coercion in all cases, and consent is a defense; this requirement follows a Supreme Court decision rejecting the state's argument that coercion is implied.
- The statutes in five states and the US Bureau of Prisons do not penalize custodial sexual misconduct as a felony. California, Iowa, Kentucky, Maryland and Tennessee. In these jurisdictions, abusers may only be charged with misdemeanor offenses under this law.
- In 17 states, statutes do not cover all forms of sexual contact. Arkansas, Delaware, Florida, Idaho, Indiana, Iowa, Maine, Maryland, Mississippi, Missouri, Nevada, New Mexico, North Carolina, Ohio, Rhode Island, South Dakota and West Virginia.
- Twenty-eight states, the US Bureau of Prisons and the District of Columbia have statutes that do not cover all staff and custodians who may be in a position to mistreat women in custody. Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Wisconsin and Wyoming.
- Fourteen states and the US Federal Bureau of Prisons have statutes that do not cover all detention facilities and locations where custodial sexual misconduct might take place. California, Colorado, Delaware, Indiana, Louisiana, Missouri, Montana, Nevada, New Hampshire, New Mexico, Pennsylvania, South Dakota, Tennessee and Texas.
