Prison Rape Elimination Act: Eliminating Sexual Violence in Oregon’s Correctional Institutions

Article by Kerry Naughton

Sexual violence in U.S. correctional institutions is a growing concern among legislators, corrections officials, and mental health and victim service providers. Although it’s difficult to know the prevalence of sexual violence in correctional institutions, research suggests that as many as 20 percent of men in prison have been pressured or coerced into sex and 10 percent have been raped. For women in prison, the prevalence may be even higher: in one women’s facility, more than a quarter of women studied said they had been pressured into sex. The statistics don’t show the whole story: we know that sexual violence actually happens a lot more often. Survivors often do not report the sexual violence for various reasons, including fear of future violence, fear of not being believed, and stigma. 

“Getting raped destroys you from the inside out, and it takes a part of you and puts it where you can’t reach it.”

Survivors of sexual violence in prisons often endure serious psychological, physical, and spiritual effects. If these effects are not addressed, the survivor may develop long-term mental health issues, including post-traumatic stress disorder, depression, suicidal behaviors, and substance abuse issues. One survivor of sexual violence in detention explained “Getting raped destroys you from the inside out, and it takes a part of you and puts it where you can’t reach it.”

Prison Rape Elimination Act

Congress unanimously passed the Prison Rape Elimination Act of 2003 (PREA), which applies to every person incarcerated in a U.S. correctional institution – federal prisons, state prisons, jails, private facilities, lock-ups, juvenile facilities, and immigration detention centers. Although it’s called the Prison Rape Elimination Act, the law applies to multiple forms of sexual violence, including coercion by staff or other incarcerated people. Early PREA efforts have focused on:

• Developing national standards to detect, prevent, reduce, and address prison sexual violence (PSV).
• Collecting and disseminating information about the prevalence of PSV.
• Providing funding to help states implement the standards and to support government agencies and non-profit organizations research the issue and develop training and public education.
• Developing ways for the government to understand what works – and what doesn’t work – in PSV prevention and response efforts.

Just Detention International

PREA’s passage would not have happened without the tireless, professional work of one organization: Just Detention International (JDI, formerly called “Stop Prisoner Rape”). JDI has been at the forefront of building national momentum to understand, prevent, and respond to sexual violence in correctional institutions. Founded in 1980 by Russell Smith, a survivor of prisoner rape, the organization has spent decades working with survivors to change the way prisons view PSV. The organization facilitated PREA’s passage by working with Republicans and Democrats in Congress and creating a broad coalition of supporters to proclaim that rape inside prison walls is too often ignored and must be stopped.  This process took a great deal of work.  And through it all, JDI made sure that legislators heard from the best experts: survivors themselves.

“…rape inside prison walls is too often ignored and must be stopped.”

PREA’s passage was a huge success, but the work has not stopped there. PREA created the National Prison Rape Elimination Commission to produce national standards that address PSV.  JDI has been involved in this process and provided more opportunities for survivors to testify and guide the standards’ development. The Commission will release the final standards in March 2009. The U.S. Attorney General will have one year to review and sign the standards and from that point on, each correctional institution will have one year to implement the standards (federal institutions will not have the implementation lag time). Institutions that do not comply can lose some of their federal funding.

Oregon Department of Corrections

The Oregon Department of Corrections (DOC) has been concerned about the incidence and impact of PSV and has been proactive in addressing this serious issue. The DOC contacted JDI for training and technical assistance and they have developed a strong working relationship to make Oregon a model program in eliminating PSV. Some other state Departments of Corrections claim that implementing the PREA standards will be unreasonable or impossible. JDI and the DOC are currently working to ensure that the standards can be implemented soon after they’re released, and maybe even before they’re signed by the U.S. Attorney General. JDI and the DOC are reviewing practices and protocol around classification, housing, reporting, recordkeeping, technology, and response. If policy or protocol changes are needed for PREA implementation, these changes will be presented to the Secretary of Corrections, and the changes can be adopted to fulfill the standards. Not only will the DOC’s early implementation provide survivors in Oregon enhanced responses and resources as soon as possible, it will show other states that the standards can be implemented successfully.

So, what will Oregon’s early implementation look like? Correctional staff will receive increased training about PSV, so the issue will be treated seriously and survivors will be treated respectfully. 

• People in prison will receive increased education about their rights and responsibilities. 
• Reported sexual violence will be professionally and responsibly investigated.
• Prison staff will be trained to treat survivors with dignity and respect.
• JDI is working with DOC to create meaningful resources inside the prisons.

Sexual violence is not acceptable against any person or in any place. If you are a survivor of sexual violence, you did not deserve it. You are not alone. JDI is working to ensure that even in prison, help will be available.

Statistics from Just Detention International, “SPR Fact Sheet: The Problem of Prisoner Rape,” October 2007. Prisoner quote from Just Detention International “SPR Fact Sheet: Mental Health Consequences of Sexual Violence in Detention,” October 2007.



How you can get help or become involved:

JDI is currently the only organization dedicated solely to ending sexual violence against men, women, and youth in all forms of detention. JDI works closely with the federal government, state Departments of Corrections, service providers, the media, and survivors.

If you are a survivor and would like resources, you can contact JDI to receive a packet of information. JDI responds promptly and personally to every survivor who contacts them. JDI wants to hear from you.

If you are a survivor and would like to be involved in JDI’s work, you can be. JDI’s work is guided by survivors who are currently or formerly incarcerated. Survivors serve on JDI’s Board of Directors, Board of Advisors, and Survivor Council. JDI’s speakers’ list and website provide opportunities for survivors to tell what happened to them. If you are a survivor and want to be involved, contact JDI to find out how you can make a difference. Telling what happened might just save someone else from sexual violence.

Just Detention International
3325 Wilshire Boulevard
Suite 340
Los Angeles, CA 90010
213.384.1400
info@spr.org
www.justdetention.org

If you are currently incarcerated, you can write to JDI by marking it “Legal Mail” and addressing your letter to Ms. Melissa Rothstein, Esq.

Kerry Naughton is the director of the Crime Survivors for Community Safety program.