It is undeniable that sexual abuse is occurring in NYC Jails. This may be perpetrated by staff on detainees, by detainees on each other, or perhaps most disturbingly of all, as the Gothamist reported, by medical staff on women who may be powerless to avoid it.
It is unconscionable, but by enacting a few precautions, it can be prevented.
On April 24, the Gothamist reported that seven hundred women filed lawsuits against NYC alleging sexual abuse while incarcerated, accusing the Department of Correction of not doing enough to end the abuse. They are seeking $14.7 billion in damages. Many of the lawsuits accuse correction officers of sexual abuse, others accuse medical health care providers contracted by NYC, and I speculate that some lawsuits accuse other detainees.
A former inmate interviewed by the Gothamist reporter stated that, she knew “officers would order her into the showers, order her to strip, and search her body for contraband like drugs and weapons”. She alleged sexual abuse by medical staff in the time she spent at Rikers.
Who is to blame and who carries the greatest responsibility? Some of the answers may be surprising.
About 50 percent of the NYC DOC uniformed work force is female. In addition, the Rose M. Singer Center (RMSC) is the only female facility on Rikers Island, and it has more female staff assigned to it than male. However, male correction officers also regularly supervise female prisoners.
When abuse incidents occur, the Department of Correction does not investigate itself. And it does not conduct criminal investigation into sexual assaults, abuse or harassment. It has a limited role and will conduct only administrative investigations. If any arrests are made for sexual crimes, they are carried out by DOI, NYPD or Bronx DA staff.
As per NYCDOC Directive 5011R-A, any allegation or incident of staff sexual abuse, harassment or assault on a detainee will be investigated by the NYC Department of Investigation (DOI). Any allegations of sexual abuse by a detainee against another detainee on Rikers Island will be investigated by “local police”, namely, NYPD and Bronx DA Investigators.
Further, all DOC personnel receive yearly training in Preventing Sexual Harassment and the Prison Rape Elimination Act (PREA).
Although there are many lawsuits against uniformed staff in DOC, this “Gothamist” article concentrated on sexual abuse by medical providers contracted by NYC to provide medical services to detainees. Many times, these investigations are conducted jointly by DOI, NYPD and DA Investigators.
Pursuant to HIPPA laws, correction officers are not present during a medical examination or treatment–with the exception of exigent security concerns, ie, an EMS transport of a detainee to the hospital will have an officer ride with the detainee in the ambulance, and when in the emergency room, correction officers will be nearby to prevent escape and protect the public. Jail clinics are patrolled by correction officers, however, officers are not in the examining room. This results in detainee patients being alone with medical providers during examinations.
In 2003 the Prison Rape Elimination Act was passed, and it applies to everyone including medical staff. By statute, prisoners do not have the capacity to consent to sex with correction employees or those contracted to work for the department. As a result, any sexual act between DOC staff or contracted employees and detainees is a crime.
There are two significant enablers of sexual abuse. Firstly, male supervision of female prisoners creates increased potential for sexual abuse. The majority of sexual abuse incidents against those in custody are perpetrated by male correction officers against female detainees. Secondly, the lack of medical chaperones during breast and vaginal examinations also invites abuse. Chaperones are required for breast and vaginal examinations; however, medical health providers often lack the staff to always provide the chaperones.
The greatest precaution that should be taken in order to prevent sexual crimes against those incarcerated is that DOC should prohibit male supervision of female prisoners–absent exigent circumstances. In addition, NYC should not contract with any medical provider unless they agree to dedicate enough staff to always, without exception, provide a medical chaperone when conducting breast and vaginal examinations.
