Crimes in Confinement: Prison Rape Human Trafficking ADJ 404 PPT 11 Spring 2010 Prison Rape ?Turned Out? Prison Rape: Just a Joke? Is rape just part of doing the time? What happens when raped inmates are released back into society? Prison Rape: Some Realities http://www.youtube.com/watch?v=0MOtz-eJlPE Staff-on-inmate: power imbalance precludes consensual sex Staff includes food services, recreation, education and vocational training, guards, and others Male-on-male, male-on-female, female-on-male Inmate-on-inmate: all sexual contact is forbidden even though some may be consensual (gay or ?prison gay? relationships) Rape/coercive sex is about power/control and can occur in prison through: Brute force, including gang rape Coercive ?courting? Commercial sex Survival sex Victimization Risk factors: Non-violent, first-time offenders Young, small stature Mental disability or mental illness Gay or transgendered Prevalence: Institutional records show that 0.30% of adult inmates report victimization to correctional authorities Reporting problems? Survey findings: 2007 National Inmate Survey found that 4.5% adult inmates in state and federal prisons and 3.2% adult inmates in local jails reported sexual victimization (about 55-60% by staff, the rest by other inmates) 2008-09 National Survey of Youth in Custody found that 10.3% youth in custody reported sexual victimization by staff, 2.6% reported sexual victimization by other youth (total of 12% victimization rate) Prison Rape Elimination Act of 2003 (PREA) Required data collection to document and describe the nature and prevalence of prison rape Provided funds for prevention, detection, victim treatment, and offender prosecution programs in prisons and jails Established the Prison Rape Elimination Commission (PREC) to do research and recommend policies and standards Recommendations of the PREC (6/09) Zero-tolerance policies must be established and enforced from the top down, to change the climate of apathy Staff hiring, training, supervision, and promotion/retention must reinforce zero tolerance policy Inmate supervision policies should respect privacy in cross-gender searches and supervision in sensitive locations Facilities should use rigorous internal monitoring of sexual abuse and be subject to external oversight Vulnerable inmates must be identified and provided with non-punitive protective measures PREC Recommendations, cont?d. Reporting procedures must be improved so victims and witnesses have more confidence in reporting Inmates should be informed of their rights, education on prevention, and provided with safe reporting procedures Authorities should investigate every allegation and prosecute offenders Victims must get immediate and ongoing access to medical and mental health care Programs must be tailored to unique needs of young victims and immigrant victims Human Trafficking Modern-Day Slavery http://www.theiacp.org/PublicationsGuides/ResearchCenter/Publications/tabid/299/Default.aspx?id=1001&v=1 What is Human Trafficking? Trafficking is when someone is held in a work situation through force, fraud, or coercion, and when a minor is involved in commercial sex work (with or without force, fraud, or coercion) Trafficking typically (but not always) involves moving the victim from one place to another across national boundaries within a country Trafficking is the situation the victims live in, not how they are moved from one place to another -- not the same as: Illegal immigration: trafficking victims may enter another country legally or illegally Smuggling: this refers to a method of illegal entry into a country Forced Labor Conditions Forced work may include: Sex work (prostitution, pornography, stripping) Agricultural work Industrial work Service work (restaurants, bars, domestic service) Working conditions may include: Little or no pay No freedom to leave Poor living conditions (long work hours, substandard housing and food, medical neglect) Victims of Trafficking Rough estimate of 18,000-20,000 (U.S.)/800,000 -900,000(globally) women, children, and men trafficked each year Victims are held in trafficking through: Use or threats of physical or sexual abuse Threats to family back home Threatens that the American justice system will imprison or deport the victim Isolation and control of victim?s movements and communications (victims don?t know where they are or don?t know their way around, don?t have social networks in the area) Seizing victim?s legal documents Debt bondage to trafficker for travel or other expenses Traffickers Are typically compatriots of the victims who have access to and knowledge of people in desperate circumstances May be individuals (fellow villagers or even family members of the victims), members of criminal networks, or even diplomats or corporate executives Abduct victims through force or lure them through lies, false promises, and by buying children from parents hoping for a better life for the children Trafficking Victims Prevention Act, 2000 TVPA?s 3 primary goals: prevention, protection, prosecution Regional Task Forces: coordinated community response approach involving: Local and state law enforcement and prosecution Dept. of Justice (FBI, U.S. Attorneys Office, Criminal Division, Civil Rights Division, Office for Victims of Crime, Bureau of Justice Assistance, National Institute of Justice) Dept. of Homeland Security (Immigrations and Customs Enforcement?s (ICE) Human Smuggling and Trafficking Center) Dept. of State (Office to Monitor and Combat Trafficking in Persons) Dept. of Health and Human Services (Office of Refugee Resettlement) Dept. of Labor U.S. Agency for International Development (USAID) Private-sector (NGO) victim service and immigrant service agencies TVPA Protections for Victims Certification by law enforcement as a victim of trafficking opens the door to victim services: Medical and mental health care Basic needs for housing, food, clothing Independent living skills: work, transportation, education, money management Language and cultural services T-Visa: available to victims who cooperate with prosecution, allows them to stay in U.S. and bring family over
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