Panel Sets Guidelines for Fighting Prison Rape

The National Prison Rape Elimination Commission on Tuesday released its report on preventing sexual assault behind bars, which includes a set of recommendations for state corrections officials. Panel members are preparing to send the report to Attorney General Eric H. Holder Jr., who will have one year to formulate national, non-binding guidelines.

According to the report, prison rape can have deleterious effects on public health, crime rates, and successful re-entry of inmates into society. "If you have a zero-tolerance policy on prison rape and it is known from the highest ranks that this will not be tolerated and there will be consequences for it, that goes a long way in sending a message," said US District Judge Reggie B. Walton, who led the commission.

The report recommends that corrections officers identify vulnerable inmates, offer better medical care, and allow stricter oversight of their facilities. In addition, staff members should be given thorough background checks and trained to ensure victims of sexual assault obtain medical and mental health care.

The commission held hearings and visited 11 correctional facilities before issuing the report. The panel's advice may be difficult to implement for wardens already battling overcrowding. Prisoners surveyed reported that corrections officers committed a significant portion of inmate assaults, so officials may protest stricter oversight.

Prison sexual assault "isn't just a random event that can happen to other bad people," said Brenda V. Smith, an American University law professor and panel member. Political protesters, people accused of driving under the influence, and drug offenders testified about traumatic incidents of rape while in custody, sometimes while being locked up for just one night, she said. "This is something that could happen to a kid who has no priors and who happens to make a mistake," Smith said.

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