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Publication Date

5-7-2026

Document Type

Comment

Abstract

For many Americans, the mere thought of the prison system evokes great fear and uncertainty. The fear is justified and reflected through rampant reports of sexual abuse, exploitation, and abuse of power by prison officials. Lack of privacy in prisons is largely supported and expected. The general population of prisons have unique safety concerns which require closer surveillance and diligent observation by correctional officers. Prison officers are tasked with ensuring that all contraband stays out of inmate possession—notwithstanding the constant changes of the general population. The security interests of a prison also extend to prison visitors. The known security concerns that exist and require greater regulation in prisons create a distinctly unfortunate opportunity for abuse of incarcerated persons by prison officers and staff. Inmates are uniquely vulnerable without access to the outside world or autonomy of daily decisions, and officers possess both great authority and discretion to use it.

Women are particularly vulnerable to sexual violence in prisons; this risk is even greater for women with a prior history of sexual abuse. It is estimated that 70% of guards in women’s federal prisons are male, which creates a strong opportunity for abuse of authority. Human rights activist groups have expended great effort to expose the sexual misconduct that happens in prisons.

Ironically, our correctional facilities are not exactly correcting behavior for those incarcerated. Instead, our facilities are overcrowded and underfunded, doing nothing but housing the criminally convicted. The prevalence of sexual abuse and other officer misconduct in prisons creates more issues for inmates upon release, undermining the efficiency and operation of the prison system’s purpose. The psychological harm which stems from prison rape has adverse impact on our communities. The trauma of being sexually assaulted in prison increases the risk of suicide and the risk of becoming violent later. Some prisons have shifted to designating certain security officer positions to be female-only to reduce the likelihood of sexual abuse.  It is unclear whether the reduction of male officers in female prisons is effective, especially because there is widespread misconduct and abuse by prison officers irrespective of gender.

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