Juvenile Corrections Issue

Categories: Juvenile Justice

The United States correctional and juvenile detention centers are plagued by sexual abuse allegations, with reports showing a rising trend of sexual assault cases annually. Besides, reports by Just Detention International, ascertain that the majority of the victims are sexually assaulted multiple times (2015). Rape and molestation allegations rates are high among the juvenile detention centers, which holds approximately 70000 youths. A juvenile refers to an individual who is yet to be considered an adult as per the constitution, that is, below 18 years in most states.

Thus, law enforcement detains minors in juvenile facilities rather than the typical incarceration centers for adult offenders. In recent years, rape and molestation allegations in juvenile correctional facilities have garnered much negative publicity, prompting calls for their closure and seek alternative courses of action.

Determining the exact number of juvenile victims of sexual assault is challenging because such cases are rarely reported for fear of stigmatization or further attack, especially if the suspects are in positions of authority.

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Juvenile sexual victimization is either carried out by the facility staff and fellow inmates. Reports show that approximately 10% of juveniles in detention centers have been victims of sexual assault by either staff, other youths, or both (“Bureau of Justice Statistics,” 2017). Besides, the risk of sexual assault in juvenile detention facilities is much higher than in adult jails (“Bureau of Justice Statistics,” 2017). This finding results from factors, such as early incarceration age, where the inmates are not mentally or physically mature to defend themselves or to speak out in case of a sexual assault.

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Juveniles are also easy coerced to participate in the act to secure protection while in the detention facility.

Moreover, adult inmates are more likely to be in gang affiliation, which protects them from rape and molestation by other inmates. Conversely, juveniles in gang membership are more likely to be sexually assaulted by staff members as they cannot attack correctional officers as adult gangs do. For instance, in the year 2017, there were multiple sex scandals in Florida and Texas, involving correctional officers who allegedly sexually assaulted minors while in detention. Besides, even in girls’ detention centers, the law allows male officers to work in all areas within the facility, increasing the likelihood of sexual assault by the staff. This policy goes against the international human rights standards principle that only female staff should be allowed to have access to certain areas within the detention facility.

Despite the increase of prison rape and molestation allegations, recent data shows that many of them are rarely found to be valid after investigations by the correctional administrators (Alysia Santo, 2018). For instance, out of the 61316 completed investigations from 2012 to 2015, only 5187 were deemed genuine by the corrections officials (Alysia Santo, 2018). Majority of the cases were false, or they lacked enough evidence to ascertain if indeed a sexual assault did occur. However, it has been unveiled that many of the allegations involving the staff are deemed to be false even before investigations since the investigators are colleagues. It is therefore not surprising that although more than 58 % of the allegations involve the staff, only less than half are proven to be true.

The victims of rape and molestation often suffer from psychological problems and sexually transmitted diseases. Juveniles who have been victims of sexual assault by either staff or other inmates have higher psychological distress in the correctional facilities than their peers who have not experienced such incidences before. Such victims showcase high levels of nervousness, hopelessness, restlessness, depression, suicidal thoughts due to feelings of worthlessness (“Just Detention International,” 2015). They also suffer from extreme fear and trauma as they recount the events that have or will befall them while in the detention facility, considering it is difficult to ask for help from the guards or fellow inmates since they are the perpetrators. Victims of sex crimes are also at a high risk of contracting sexually transmitted diseases. Majority of rape and molestation offenders do not use condoms because they are unavailable. Therefore, in most cases, they infect their targets with sexually transmitted infections, such as HIV, chlamydial infection, syphilis, and gonorrhea. Many a time, violent forms of anal or vaginal intercourse throw coercion tears the anal or vaginal membranes causing profuse bleeding. Therefore, with the majority of rape or molestation involving multiple perpetrators, if one was infected, all the other will also be infected. Victims of sexual assault also suffer physical injury as they struggle with their perpetrators.

In a bid to address sexual assault in prisons and juvenile detention facilities, the 108th US Congress enacted the Prison Rape Elimination Act (PREA), effective from September 4, 2003 (“Bureau of Justice Statistics,” 2019). The Act aims to provide data regarding incidences and effects of prison rape in the local, state, and federal prisons, including juvenile detention centers. It also provided the resources, information, and recommendations on how to address and protect inmates from prison rape (“Bureau of Justice Statistics,” 2019). The act also provided standards and guideline that all prisons and juvenile detention centers in a bid to eliminate prison rape and make reporting more accessible and confidential. Despite the Act, there are still widespread rape and molestation allegations in correctional facilities, including juvenile detention centers.

Besides, it is only in the year 2012 that the Justice Department issued its first set of national standards, mandating detention facilities to accord multiple ways of reporting sexual abuse and investigate any allegation (Alysia Santo, 2018). Despite the increase in reporting rates, the vice is far from being eliminated, mainly because many of the allegations are not adequately investigates and increase bias if the allegations involve correctional staff. Therefore, there is a need to take alternative courses of the action because the current policies and measures have not borne the desired results.

Failure to comply with the US rape prevention standards is the primary reason why rape and molestation rates remain in most juvenile centers (Adcock, 2016). For instance, more half of the detention facilities in Oklahoma do not comply with the set standards and policies for preventing sexual victimization. This trend is common in many US juvenile jails, with the administrators arguing that is is expensive and time-consuming to conform to all the set policies and standards. Therefore, to address this issue, the government needs to be strict and ensure that all juvenile detention facilities comply with the PREA standards. It should also hold the administrators accountable for failure to abide by the standards. They should not claim that the high costs outweigh the well being of a person, public outrage, and litigation that may arise. Another proposal is that sexual assault allegations involving the staff should be conducted by an external body rather than the correctional administrators. This strategy will reduce the likelihood of bias that plagues the majority of investigations involving the staff. Besides, those found guilty should not only be terminated but should also face stiff penalties and incarceration.

God does not condone sexual assault and forbids it, terming it as a sin. In Deuteronomy 22:25-27, the scriptures state that the perpetrator of sexual assault should be punished accordingly since he or she made sexual advances without the consent of the victim. One can, therefore, conclude that God expressly forbids rape, and humans should do whatever possible to ensure it does not happen as well as punish the perpetrators. Therefore, the proposed recommendation of punishing the sexual perpetrators aligns with biblical teachings.

Certainly, juvenile detention facilities have high rates of rape and sexual allegations. The US juvenile detention facilities to hold approximately 70000 inmates, in which 10 % of them are victims of sexual violence. Sexual assault has been by either fellow inmates, the staff, or both. The victims suffer psychological repercussions and have a high risk of being infected with sexually transmitted diseases. In a bid to address this vice, Congress passed the Prison Rape Elimination Act that provides standards and guideline that all juvenile detention centers should abide. It also provides resources to help eliminate that vice and make reporting easier. However, research shows that the majority of detention centers are yet to fully comply with the standards, resulting in increased rape and molestation allegations. The proposed recommendation is that the government should carry out an audit to identify those that are yet to comply and hold their administrators accountable. Furthermore, sex assault investigations involving the staff should be conducted by an external body to reduce bias. In summary, rape and molestation is not part of the punishment the juvenile offenders should undergo. It is upon the government to ensure safety while at the correctional facilities.

References

  1. Fedock, G., Kubiak, S., Campbell, R., Darcy, K., & Cummings, C. (2016). Prison rape reform: Perspectives from women with life sentences on the impact of a class-action lawsuit. Journal of Human Rights and Social Work, 1 (3), 131-142.
  2. Bureau Of Justice Statistics. (2019). Prison Rape Elimination Act. Retrieved from www.bjs.gov: https://www.bjs.gov/index.cfm?ty=tp&tid=20
  3. Just Detention International. (2015). Sexual Abuse in Prison: A Global Human Rights Crisis. Retrieved from justdetention.org: https://justdetention.org/wp-content/uploads/2015/11/International_Summary_English.pdf
  4. Adcock, C. (2016, February 25). Most Juvenile Facilities Don't Comply With U.S. Rape Prevention Standards. Klahomawatch.org. Retrieved from https://oklahomawatch.org/2016/02/25/most-juvenile-facilities-dont-comply-with-u-s-rape-prevention-law/
  5. Bureau of Justice Statistics. (2017, June). PREA Data Collection Activities, 2017. Retrieved from www.bjs.gov: https://www.bjs.gov/content/pub/pdf/pdca17.pdf
  6. Alysia Santo. (2018, July 25). Prison Rape Allegations Are on the Rise. Retrieved from https://www.themarshallproject.org/2018/07/25/prison-rape-allegations-are-on-the-rise
Updated: Nov 01, 2022
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Juvenile Corrections Issue. (2020, Nov 17). Retrieved from https://studymoose.com/juvenile-corrections-issue-essay

Juvenile Corrections Issue essay
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