Stop Violence Against Women
Women in Prison: A Fact Sheet
The Issue: Sentencing and The War on Drugs
The Department of Justice found that women were over represented among
low level drug offenders who were non-violent, had minimal or no prior criminal
history, and were not principal figures in criminal organizations or activities,
but nevertheless received sentences similar to “high level” drug
offenders under the mandatory sentencing policies. From 1986 to 1996 the number
of women sentenced to state prison for drug crimes increased ten-fold. Nationally
one in three women in prison and one in four women in jail are incarcerated
for violating a drug law. (Department of Justice, Bureau of Justice Statistics
Prisoners in 1997).
- According to The Boston Globe, "nearly 26% of the nearly 2000 men and
women crowding Massachusetts prisons for
drug crimes are first-time offenders…. Worse, nearly three out of four
drug traffickers who do get charged in major cases, but agree to forfeit substantial
drug money to prosecutors, bargain their way out of the long sentences….
The result: those with no money or information to trade face the hard mandatory
sentences."
- From 1986 to 1996, the number of women sentenced to state prison for drug
crimes increased from 2,370 to 23,700. (Bureau of Justice Statistics, Washington
DC Prisoners in 1997)
- In 1986, 12.0% of women in prison were drug offenders. In 1991, 32.8% of
women in prison were incarcerated for drug offenses. (Women in Prison, Survey
of State Prison Inmates, 1991. US Department of Justice, March 1994, NCJ 145321)
The Issue: Sexual Assault and Misconduct Against Women in Prison
The imbalance of power between inmates and guards involves the use of direct
physical force and indirect force based on the prisoners' total dependency on
officers for basic necessities and the guards' ability to withhold privileges.
Some women are coerced into sex for favors such as extra food or personal hygiene
products, or to avoid punishment.
- Powerlessness and Humiliation
There are 148,200 women in state and federal prisons. In federal women’s
correctional facilities, 70% of guards are male. Records show correctional
officials have subjected female inmates to rape, other sexual assault, sexual
extortion, and groping during body searches. Male correctional officials watch
women undressing, in the shower or the toilet. Male correctional officials
retaliate, often brutally, against female inmates who complain about sexual
assault and harassment
- Retaliation and Fear
In many states guards have access to and are encouraged to review the inmates’
personal history files (this includes any
record of complaints against themselves or other prison authorities). Guards
threaten the prisoner’s children and
visitation rights as a means of silencing the women. Guards issue rule infraction
tickets, which extend the woman’s
stay in prison if she speaks out. Prisoners who complain are frequently placed
in administration segregation.
- Impunity
Ineffective formal procedures, legislation and reporting capacity within US jails and prisons account for much of the
ongoing sexual abuse of women. In 1997, according to the US Justice Department only 10 prison employees in the
entire federal system were disciplined, and only 7 were prosecuted. If a prison official is found guilty, he is often simply
transferred ("walked off the yard") to another facility instead of being fired. The inmate may also be transferred.
The Issue: Medical Neglect of Women in US Prisons
Women are denied essential medical resources and treatments, especially
during times of pregnancy and/or chronic and degenerative diseases.
- Failure to refer seriously ill inmates for treatment and delays
in treatment
Women inmates suffering from treatable diseases such as asthma, diabetes,
sickle cell anemia, cancer, late-term miscarriages, and seizures have little
or no access to medical attention, sometimes resulting in death or permanent
injury. Instances of failure to deliver life-saving drugs for inmates with
HIV/AIDS has also been noted.
- Lack of qualified personnel and resources and use of non-medical
staff
There is too few staff to meet physical and mental health needs. This often
results in long delays in obtaining medical attention; disrupted and poor
quality treatment causing physical deterioration of prisoners with chronic
and degenerative diseases, like cancer; overmedication of prisoners with psychotropic
drugs; and lack of mental health treatment. The use of non-medical staff to
screen requests for treatment is also common.
- Charges for medical attention
In violation of international standards, many prisons/jails charge inmates
for medical attention, on the grounds that charging for health care services
deters prisoners from seeking medical attention for minor matters or because
they want to avoid work. In some supermaximum prisons, where prisoners cannot
work at all, the US Justice Department has expressed concern that charging
prisoners impedes their access to health care.
- Inadequate Reproductive Health Care
In 1994, the National Institute of Corrections stated that provision of gynecological
services for women in prison is inadequate. Only half of the state prison
systems surveyed offer female-specific services such as mammograms and Pap
smears, and often entail a long wait to be seen.
- Shackling During Pregnancy
Shackling of all prisoners, including pregnant prisoners, is policy in federal
prisons and the US Marshall Service and exists in almost all state prisons.
Only two states have legislation regulating the use of restraints (belly chain,
leg irons and handcuffs) Shackling during labor may cause complications during
delivery such as hemorrhage or decreased fetal heart rate. If a caesarian
section is needed, a delay of even 5 minutes may result in permanent brain
damage to the baby.
- Lack of treatment for substance abuse
The gap between services available and treatment needs continues to grow.
The number of prisoners with histories of drug abuse is growing, but the proportion
of prisoners receiving treatment declined from 40% in 1991 to 18% in 1997.
- Lack of Adequate or Appropriate Mental Health Services
48-88% of women inmates experienced sexual or physical abuse before coming
to prison (as many as 90% in New York and Ohio prisons), and suffer post-traumatic
stress disorder. Very few prison systems provide counseling. Women attempting
to access mental health services are routinely given medication without opportunity
to undergo psychotherapeutic treatment.
The Issue: Discrimination Based on Gender, Race and Sexual Orientation
The growth in incarceration has had its greatest impact on minorities,
particularly African Americans. Women are most vulnerable to different forms
of discrimination, including sexual harassment or abuse. Women that do not fit
the “norm”, such as lesbians, face increased risk of torture and
abuse.
Discrimination Based on Race:
- Over a five-year period, the incarceration rate of African American women increased
by 828%. (NAACP LDF Equal Justice Spring 1998.) An African American woman is
eight times more likely than a European American woman is to be imprisoned;
African American women make up nearly half of the nation’s female prison
population, with most serving sentences for nonviolent drug or property related
offenses.
- Latina women experience nearly four times the rates of incarceration as
European American women.
- State and federal laws mandate minimum sentences for all drug offenders.
This eliminates from judges the option of referring first time non-violent
offenders to scarce, financially strapped drug treatment, counseling and education
programs. The racial disparity revealed by the crack v. powder cocaine sentences
insures that more African American women will land in prison. Although 2/3
of crack users are white or Hispanic, defendants convicted of crack cocaine
possession in 1994 were 84.5% African American. Crack is the only drug that
carries a mandatory prison sentence for first time possession in the federal
system.
Discrimination Based On Sexual Orientation:
- Human Rights Watch has documented categories of women who are likely targets
for sexual abuse. Perceived or actual sexual orientation is one of four categories
that make a female prisoner a more likely target for sexual abuse, as well
as a target for retaliation when she reports that abuse.
- If a woman is a lesbian, her criminal defense becomes more challenging.
Jurors in the US were polled as to what factors would make them most biased
against a defendant, and perceived sexual orientation was chosen as the most
likely personal characteristic to bias a juror against a defendant, three
times greater than race. (National Law Journal November 2, 1998.)
- The case of Robin Lucas depicts how sexual identity may subject a woman
to further abuse or torture by a guard. She was placed in a men’s prison
where male guards allowed male inmates to rape her. The male guards taunted
her about her same sex relationship, saying to her “maybe we can change
your mind”.
1. According to the Bureau of Justice Statistics, there were 94,336 female
inmates in State and Federal institutions in July 2001. At Http://www.ojp.usdoj.gov/bjs/pub/pdf/pjim02.pdf
See also:
Abuse of Women in Custody: Sexual Misconduct and
the Shackling of Pregnant Women
Not Part of My Sentence: Violations
of the Human Rights of Women in Custody
