Tool 5: Places of Deprivation of Liberty and Gender
Box 7: Data collection for contextual understanding in the USA
After an influential report by Human Rights Watch in 2001 highlighted the endemic
problem of prison rape and sexual slavery in US prisons, the Prison Rape Elimination Act
was passed in 2003.
A specific recommendation of the Human Rights Watch report was that the National
Institute of Corrections “should make an effort to collect, maintain and disseminate data
relating to prisoner-on-prisoner sexual abuse”, in recognition of the fact that no nationallevel data were collected (Human Rights Watch, 2001, Section III: Recommendations to the
National Institute of Corrections). The Prison Rape Elimination Act mandated the national
Bureau of Justice Statistics to “carry out, for each calendar year, a comprehensive statistical
review and analysis of the incidence and effects of prison rape”, and thus the Survey of
Sexual Violence was created (Rantala, 2018: 4).
Regular monitoring of the data facilitated a better understanding of sexual violence in
prisons and led to further recommendations being made. In 2013 the Survey of Sexual
Violence was renamed the Survey of Sexual Victimization, to move further in line with
national standards developed as a result of the Prison Rape Elimination Act. Definitions
were updated and questions about inmate-on-inmate sexual harassment were added.
Demographic information was widened to include transgender and intersex categories.
Data gathered from the surveys continue to feed into policy-making. The Bureau of Justice
Statistics uses uniform definitions for each sexual act and investigative outcome. Each
sexual act is classified by the type of perpetrator (i.e. inmate or staff) and type of act. Some
examples of data collected on sexual victimization in places of detention include:
percentage of prisoners reporting one or more incident of sexual victimization by
another prisoner since admission
percentage of prisoners reporting one or more incident of sexual victimization by a
staff member since admission
data disaggregated and analysed by gender (female/male/transgender) and ethnicity
data on those in both short-term detention facilities (jails) and long-term centrally
managed detention facilities (prisons).
Sources: Human Rights Watch (2001) “No escape: Male rape in U.S. prisons – Summary and recommendations”,
www.hrw.org/reports/2001/prison/report1.html#_1_6 (accessed 17 October 2019); R. R. Rantala (2018) “Sexual
victimization reported by adult correctional authorities, 2012–2015”, July, Washington, DC: Bureau of Justice Statistics
of the US Department of Justice.
4.2. Guidance for places of deprivation of liberty
Staff selection and ongoing training
While in some countries places of deprivation of liberty for women do have men working
directly with the women and managing the institution, the Mandela Rules (Rule 81) are
clear that a female institution should be led by a woman and there are certain areas of the
establishment which men should not enter. This has implications for recruitment of staff.
Some countries have introduced targets and quotas for the number of female staff required.
Training for staff has historically been the same whether the staff member is due to be
deployed to a place of deprivation of liberty detaining women or men, and staff could
be moved between such institutions without any further training. Some states have
introduced specific training for working with women in detention as being mandatory
before deployment to work with women (see Box 8). This approach is important, because it
asks the staff member to think from the outset (or fundamentally rethink, if they are being
redeployed to a women’s facility from a men’s facility) about what it means to work with
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