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U.S.

Department of Justice
Office of Justice Programs
National Institute of Justice
OCT. 08

Research for Practice

Strategies to Prevent Prison Rape by


Changing the Correctional Culture

www.ojp.usdoj.gov/nij
U.S. Department of Justice
Office of Justice Programs

810 Seventh Street N.W.

Washington, DC 20531

Michael B. Mukasey
Attorney General

Jeffrey L. Sedgwick
Assistant Attorney General

David W. Hagy
Director, National Institute of Justice

This and other publications and products


of the National Institute of Justice can be
found at:

National Institute of Justice


www.ojp.usdoj.gov/nij

Office of Justice Programs


Innovation • Partnerships • Safer Neighborhoods
www.ojp.usdoj.gov
OCT. 08

Strategies to Prevent Prison Rape by


Changing the Correctional Culture

This research was


conducted as a
collaboration between
the Urban Institute
and the Association
of State Correctional
Administrators.

Opinions expressed in this document are those of the authors. They do not
necessarily represent the official position or policies of the U.S. Department
of Justice, the National Institute of Justice, the Urban Institute, or its trustees.

The report was prepared for the National Institute of Justice under grant
number 2004-RP-BX-0001. The research contained in this document was
coordinated in part by the Texas Department of Criminal Justice under
research agreement #477-R05. The contents of this report reflect the views
of the authors and do not necessarily reflect the views of the Texas
Department of Criminal Justice.

NCJ 222843
ReseaRch foR PRactice / oct. 08

ABOUT THIS REPORT

To discover successful Strong leadership in state


strategies and programs for prison administrations is
addressing the problem of critical to changing prison
sexual violence in state pris­ culture. Zero tolerance for
ons, a research team from sexual violence and other
the Urban Institute and the predatory behavior was cited
Association of State Correc­ as the foundation for suc­
tional Administrators inter­ cessful programs.
viewed prison officials in 45
states. This report presents To deal with the effects of
promising initiatives and prac­ sexual violence and eventually
tices identified in 11 states. eliminate it, state correctional
administrators recommend:

What did the • Developing a department-


wide strategy and specific
researchers find? policies and programs for
Prison officials said inmates inmate education as well as
had many reservations about investigation, prosecution,
reporting sexual violence. In­ provision of victim services,
mates were afraid that prison and accurate documenta­
officials would not protect tion of sexual assaults.
them from retaliation if they
reported incidents. In addition, • Cultivating management,
many inmates doubted that staff and inmate buy-in to
prison officials would take the strategy.
reports of sexual violence
seriously. • Developing staff in-service
training programs that
Commitment to changing the specifically address rape,
institutional culture in prisons and ensuring that staff will
is important, but resistance be protected from false
to change — among agency allegations.
staff and corrections officers
as well as inmates — was • Developing inmate educa­
often cited as the greatest tion programs that explain
challenge. prison policies and practices
regarding rape, inmate
rights, and how to avoid
assault.

ii
stRategies to PRevent PRison RaPe

Janine M. Zweig and John Blackmore

Strategies to Prevent Prison Rape


by Changing the Correctional
Culture

Before the Prison Rape Confronting sexual


Elimination Act (PREA) of
2003, little information was
violence in prisons
available about what state In 2005, the Urban Institute
prison systems were doing teamed up with the Asso­
to prevent, detect, investi­ ciation of State Correctional
gate or deal with the conse- Administrators to study the
quences of sexual violence issue of prison rape. With
within their institutions. funding from NIJ, research-
No one had systematically ers documented state prison
documented which state initiatives designed to ad-
prisons were carrying out dress rape and documented
specific strategies to address specific practices that cor-
the problem. During the late rectional officials identified
1990s, Human Rights Watch as promising or innovative.
requested information about The research team surveyed
rape prevention practices correctional administrators
from state prisons and the in 45 states and conducted
Federal Bureau of Prisons. a series of interviews with
The organization learned 67 correctional officials who
that few departments were either designed or were run-
About the Authors addressing prison rape at the ning the promising programs.
Janine M. Zweig, Ph.D., time.1 Most state prisons did The team developed 11 case
is a Senior Research not have a rape prevention studies based on visits to
Associate in the program in place. Only six de-
Urban Institute’s state prisons having the best
partments reported that they programs and strategies in
Justice Policy Center.
provided specialized training place. The states in which
John Blackmore
is Senior Associate
to correctional officers in case studies were conducted
of the Association recognizing and responding — Connecticut, Idaho, Kan­
of State Correctional to rape. PREA has changed sas, Maine, Massachusetts,
Administrators all that. The legislation has Minnesota, Ohio, Oregon,
and President of motivated many prisons to Pennsylvania, Texas and Utah
The Reform Group, Inc., develop or refine specific — were chosen because the
a national criminal justice rape prevention strategies. research team determined
consulting organization.

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ReseaRch foR PRactice / oct. 08

they would provide the most the other hand, administrators


informative lessons. in some states reported that
the greater challenge was
Many of the case study developing confidence within
states were trying to change the inmate population that
the prison institutional culture prisons would take rape seri­
as a step toward preventing ously, take swift action to deal
sexual violence. Commit­ with reported incidents, and
ment to change is one of the otherwise protect prisoners.
most important parts of many
states’ prevention initiatives. The states that took part
However, resistance to in the study have tried to
cultural change — by correc­ change the institutional cul­
tional staff and inmates alike ture in their prisons in several
— was identified as posing ways, for example:
the greatest challenge. One
commonly cited barrier was n Changing negative prison
the unwillingness of agency culture by showing strong
staff and correctional officers leadership and model­
to change their attitudes and ing positive behavior and
behaviors. Some line staff attitudes at the highest
and supervisors were not levels of management with
comfortable with the idea the idea that this would
that a prisoner could also be “trickle down” to manag­
a victim. Some “old-timers” ers and staff throughout
still argued that the purpose the prisons.
of the prison was to protect
the public, not to protect
n Conducting in-service staff
inmates from other inmates. training programs to gain
Some harbored the belief staff cooperation with new
that life in prison should be rape elimination programs
“hard” and punishing. and policies while assuring
them of protection from
Other agency directors false allegations.
stated that staff members
resisted change out of fear
n Educating inmates about
of false accusations. Prison prison policies and prac­
staff members worried that tices regarding rape, in­
inmates, once encouraged to mates’ rights, and ways for
come forward with informa­ inmates to protect them­
tion about rapes, would unfair­ selves both from sexual
ly accuse staff members. On violence and from false al­
legations of such violence.

2
stRategies to PRevent PRison RaPe

Changing correctional rape is part of a larger goal of


operating safe prisons — they
culture: Leadership believe that incidents of rape
matters reveal a breakdown in overall
Although many state prison prison security.
officials acknowledged that
The Texas Department of
changing the prison culture
Criminal Justice’s Safe Pris­
would be a significant chal­
ons Program and the Ohio
lenge in any efforts to prevent
Department of Rehabilitation
prison rape, most identified
and Correction’s Ten Point
strong, consistent leadership
Plan are regarded by many
from the senior levels within
prison officials as the most
their departments as the
comprehensive statewide
most effective method of ad­
prison rape initiatives. Other
dressing this challenge. Most
states have used these initia­
of the 11 case study states
tives as models for policy
developed statewide policies
and program development.
that include staff training,
The centerpiece of the Texas
investigation procedures,
Safe Prisons Program is the
documentation procedures,
proclamation of zero toler­
victim services and preven­
ance for sexual abuse or any
tion efforts. A commitment
form of predation. Every cor­
to changing the correctional
rectional employee is obliged
culture, made at the most
to ensure the safety and
senior levels of corrections
security of prisoners. Ohio’s
departments, was a common
Ten Point Plan also stresses
theme throughout many of
zero tolerance for sexual and
the states’ new prison rape
other predatory behaviors. In
policies and procedures. This
Ohio, both staff and adminis­
high-level commitment to
trators feel there has been an
cultural change throughout
“overall change in tone” over
the correctional system is
the past several years that
being reflected in changes
has originated with the direc­
in the attitudes of both staff
tor and spread to the facilities
and inmates. Most of these
throughout the system.
departments have officially
adopted policies of zero toler­ Oregon’s approach to
ance toward prison rape as a preventing and responding
sound basis for several new to sexual violence is part of
programs. In addition, many a larger effort to initiate a
officials see that actively change in the prison culture,
addressing the issue of prison

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ReseaRch foR PRactice / oct. 08

as reflected in the Oregon Staff training: Showing


Accountability Model. The
model’s objective is to raise
staff how to create
awareness about prison safer prisons
rape and institute a policy of The researchers asked state
zero tolerance. The program prison officials to tell them
involves protecting inmates about their efforts to edu­
and staff and improving cate staff about prison rape.
security, with the goal of Thirty-six (80 percent) of
creating an environment in the 45 participating states
which inmates and staff feel had staff training programs
safe. Some prison officials in specifically devoted to
Oregon identified the change sexual violence. Many of
in prison culture as one of the programs had been set
the main strengths of their up in response to the Prison
approach. Rape Elimination Act. The 11
states in which case studies
Idaho’s Maintaining Dignity
were conducted all require
program is another example
staff, contractors and volun­
of a statewide initiative that
teers to take part in training
seeks to effect a cultural
in preventing and respond­
change in the attitudes of
ing to sexual violence. They
staff and inmates toward
used several approaches to
prison rape. This program
develop or improve their staff
reinforces the message that
training. In Idaho, the PREA
rape is neither an unavoid­
Coordinator worked with lo­
able nor an acceptable part of
cal investigators, the National
prison life. Some state prison
Institute of Corrections, and
officials reported that chang­
the state police to develop
ing the prison staff culture
the program. In Pennsylvania
has been one of the greatest
and Texas, correctional staff
challenges in carrying out
developed the training, and
Directive No. 325, Idaho’s
state-level sexual assault
official prison rape policy.
coalition members — experts
Prison officials in other states
from outside corrections —
expressed similar views. In
reviewed the program and
most cases, both adminis­
provided suggestions.
trators and staff identified
strong leadership from the In contrast to the statewide
top as critical to achieving programs already mentioned,
cultural change. Maine’s staff training on
prison rape was developed

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stRategies to PRevent PRison RaPe

by staff of one facility — the may involve a lecture for­


Maine Correctional Center mat, often supplemented
(MCC) — rather than the by slide presentations.
central office of the state
corrections department. In n Providing written materi­
this case, an investigator at als that participants are
the center launched local encouraged to keep and
efforts to ameliorate local refer to after the classroom
instances of sexual violence. training is over (provided by
The investigator, with other 10 of the states).
state prison representatives
and a representative from
n Showing videos (provided
the local attorney general’s in eight of the states) in
office, attended a National In­ the classroom that portray
stitute of Corrections training an inmate’s victimization
on prison rape prevention. — shared by the inmate
Subsequently, he worked himself or by a narrator
with other staff at MCC to — making the issue more
develop a four-hour training immediate and accessible
program and produce a train­ to staff.
ing manual dealing with staff n Using computer-based
sexual misconduct.
training so staff can train
When carrying out prison themselves (provided by
rape training, the 11 case two states).
study states use various n Role-playing prison in­
learning strategies and
cidents (used by seven
instructional techniques,
states in their training
including:
programs).
n Requiring staff training that
In Minnesota, the training is
is repeated on a regular
conducted through several
basis as refresher courses
distinct programs. The
or “booster” sessions.
“Crossing the Line” training
Conducting annual (as in
was developed to ensure that
Texas), biannual (Oregon),
all employees, volunteers and
or triannual (Pennsylvania)
contractors understand that
in-service training.
they must maintain a profes­
n Providing training in a class­ sional bearing with, and a
room setting (at least for personal detachment from,
prison staff recruits) that the prisoners. The “Crossing
the Line” curriculum involves

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ReseaRch foR PRactice / oct. 08

a series of lectures, large and Inmate education:


small group discussions, and
minilectures. Other programs
Helping inmates
in Minnesota prisons that protect themselves
address sexual violence is­ Inmate education programs
sues are “Avoiding Set-Ups,” that provide information
“Life Inside,” and ”Sexual about prison rape are con­
Misconduct.” sidered an important part of
the rape prevention strate­
Regardless of how the staff
gies of all 11 case study
training is provided or who
states identified as having
delivers it, the training in the
innovative approaches. All
case study states covers a
11 states either have already
wide variety of topics related
set up inmate education
to sexual violence. Exhibit 1
programs or are developing
identifies the topics covered
such programs. These states
in staff training courses in the
provide education about
11 case study states. Most
sexual violence in prisons at
states focus on the nature of
reception, and many of these
prison rape, its effects and
states have policies requiring
ways to respond to incidents.
that prisoners receive educa­
Ten of the 11 states cover
tional information when they
specifics of PREA, informa­
transfer to a different prison.
tion about the effects of rape
Most states present educa­
on victims, detecting victims
tional information orally and in
in the prison population, the
writing. Several states, such
dynamics of inmate-against­
as Minnesota, Kansas and Or­
inmate rape, investigating
egon, have developed videos
incidents of rape, and ad­
that inmates watch during
dressing victims’ needs for
their orientation sessions.
safety and for information
about meeting their medi­ Minnesota provides inmates
cal needs. Staff training was with an orientation program
less focused on detect­ consisting of formal classes,
ing staff perpetrators and video presentations and writ­
inmate-against-staff violence. ten materials. New inmates
Notably, only four case study receive written and oral infor­
states provided information mation about sexual violence
to staff on the dynamics of prevention, intervention and
inmate-against-staff sexual vi­ self-protection. Inmates learn
olence, and only three states that sexual misconduct is
provided information on how prohibited. They also learn
to detect staff perpetrators.

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stRategies to PRevent PRison RaPe

Exhibit 1. Topics Covered in Training on Sexual Violence in Case Study States

Massachusetts

Pennsylvania
Connecticut

Minnesota
Kansas

Oregon
Mainea

Texas
Idaho

Utah
Ohio
Topic

Defining prison rape X X X X X X X X X X X

specifics about Prison Rape elimination act X X X X X X X X X


X

specifics about state legislation and criminal statutes X X X X X X X


X

specifics about punishments, prosecution and liability of

staff perpetrators X X X X X X X X X

information about the effects of prison rape on victims X X X X X X X X X


X

information about the effects of rape on the prison


community X X X X X X X X X

education about what behaviors are unacceptable X X X X X X X


X

addressing situations where inmates report being

vulnerable to rape X X X X X X X

Detecting victims X X X X X X X X X
X

Detecting staff perpetrators X X X

Detecting inmate perpetrators X X X X X X X


X

Dynamics of inmate-against-inmate rape X X X X X X X X X


X

Dynamics of staff-against-inmate rape X X X X X X X X

Dynamics of inmate-against-staff rape X X X X

investigating incidents X X X X X X X X X
X

addressing victims’ safety needs X X X X X X X X X


X

addressing victims’ medical needs X X X X X X X X X


X

addressing forensic evidence collection X X X X X X X X X

Documenting reported incidents X X X X X X X X X

carrying out disciplinary action X X X X X X X


X

a
training topics identified for Maine are for training provided specifically in the Maine correctional center.

7
ReseaRch foR PRactice / oct. 08

how to identify and report states included information


misconduct (including the on the dynamics of inmate­
possibility of reporting to against-staff sexual violence.
nonuniformed staff), how a
false accusation is defined,
and the penalties for making The elements of prison
a false accusation. Within culture change
the first 28 days after admis­
sion,2 all inmates are required The passage of PREA has
to watch a video, “Sexual compelled states to embark
Misconduct for Staff.” They on efforts to address prison
also receive a brochure rape or further refine strate­
titled “Sexual Abuse/Assault gies that were under way
Prevention and Intervention,” before the act. Several state
which defines sexual mis­ prison administrators have
conduct as abuse or assault. identified the corrections
Inmates are informed of culture as an impediment to
steps to take to reduce their carrying out effective policy
chances of being raped. changes and have called
for efforts to address this.
Exhibit 2 summarizes the Strong leadership, staff train­
prison rape inmate educa­ ing and inmate education are
tion programs in the 11 case critical to changing the prison
study states. Regardless of culture and thus helping
how the inmate education prevent sexual violence in
is provided or who delivers prisons, both among inmates
it, a wide variety of topics and between staff and in­
is covered. These topics mates. However, there is not
mostly focus on the nature yet a solid body of evidence
of prison rape and its effects as to what strategies and
on victims. All case study interventions prevent rape.
states provide educational To learn what works, promis­
information to inmates on the ing strategies must be put to
definition of prison rape; the the test.
effects of rape on victims;
how to report incidents of The first phase of a research
rape; what to do if assaulted, model based on the PREA
beyond reporting the incident mandates has been carried
(e.g., not showering so DNA out. A series of studies fund­
evidence can be collected); ed by the Bureau of Justice
ways to avoid rape; and Statistics will determine the
dynamics of inmate-against­ prevalence of prison rape.
inmate rape. Only three

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stRategies to PRevent PRison RaPe

Exhibit 2. Topics Covered in Inmate Education Curricula in Case Study States

Massachusettsb

Pennsylvania
Connecticut

Minnesota
Kansas

Oregon
Mainea

Texas
Idaho

Utah
Ohio
Topic

Defining rape X X X X X X X X X X X

specifics about the Prison Rape elimination act X X X X X X X

specifics about state legislation and criminal statutes X X X X X


X

Rights of a prison rape victim X X X X X X X X X

information about the effects of prison rape on victims X X X X X X X X X X X

education about what behaviors are unacceptable X X X X X X X X X

What to do if inmate feels vulnerable to rape X X X X X X X X X


X

how to report incidents that happen to self X X X X X X X X X X X

What to do if assaulted, beyond reporting (e.g., not showering

so Dna evidence can be collected) X X X X X X X X X X X

how to contact outside victim service provider X X X X X


X

how to report incidents that happen to others X X X X X X X X X

Ways to avoid rape X X X X X X X X X X X

Dynamics of inmate-against-inmate rape X X X X X X X X X X X

Dynamics of staff-against-inmate rape X X X X X X X X

Dynamics of inmate-against-staff rape X X X

What happens if inmate makes a false report X X X X X X X

confidentiality X X X X X X X X X

a
training topics identified for Maine are for training provided specifically in the Maine correctional center.
b
Massachusetts’ inmate training curriculum was under development and review at the time this report was prepared.
Listed items are likely to be a part of the final curriculum.

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ReseaRch foR PRactice / oct. 08

The National Institute of effectiveness in different


Justice has also funded sev­ settings and with control
eral studies, such as the one settings where no interven­
described here. With these tions exist.
efforts in place, the next
phases of a research model
on the subject of prison rape Notes
will be as follows: 1. From Human Rights
Watch, No Escape: Male
n Assessing the effectiveness
Rape in U.S. Prisons, Wash­
or potency of interventions
ington, DC: Human Rights
by testing single interven­
Watch, April 2001, available
tions across various set­
online at http://www.hrw.org/
tings (e.g., departments,
reports/2001/prison. An initial
types of facilities, types of
request for information let­
populations).
ter was sent to correctional
n Comparing effective authorities in all 50 states;
interventions over time to 47 responded, although the
learn which ones are the nature of the responses was
most effective at reducing not reported.
and preventing prison rape.
2. Prisoners readmitted
This will involve quantita­
within a year are not required
tive and qualitative assess­
to retake the orientation.
ments of selected inter­
ventions, comparing their

10
The National Institute of Justice is the
research, development, and evaluation
agency of the U.S. Department of Justice.
NIJ’s mission is to advance scientific research,
development, and evaluation to enhance the
administration of justice and public safety.

The National Institute of Justice is a component of


the Office of Justice Programs, which also includes
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Justice Statistics; the Community Capacity
Development Office; the Office for Victims of
Crime; the Office of Juvenile Justice and
Delinquency Prevention; and the Office of Sex
Offender Sentencing, Monitoring, Apprehending,
Registering, and Tracking (SMART).
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