Integrating the Issue of Sexual and Gender-Based Violence in Detention Monitoring
women in particular, it might mean that they would be taken further away from their
homes. Persons deprived of their liberty may also not report abuse because they fear
they will be subjected to invasive medical examinations and/or interrogations.
•
The relationship between the victim and victimizer: The relationship between the victim and the victimizer presents barriers to reporting abuse in all
settings and may be particularly complex in places of deprivation of liberty. When
SGBV takes the form of coerced sex in return for a benefit, the victim may be reluctant to report due to concern over losing their benefit, or for appearing to have
been complicit in breaking prison rules.
• Acceptance of SGBV as “part of punishment” or inevitable: SGBV in places of
deprivation of liberty is often dismissed as an inevitable, or even deserved, consequence of imprisonment. Newly arrived prisoners, in particular, might expect
that sexual violence is part of the informal “initiation” process into prison. Such
attitudes can act as a deterrent to reporting abuse.
• Absence of independent and effective complaints mechanisms: In some places of deprivation of liberty, there may be no formal procedures for making complaints. In others, detainees/prisoners may not know how to complain or may lack
the ability to do so (e.g., if they do not speak the language, are illiterate or have
low literacy, have mental health problems or are held in isolation). Women and
juveniles may face specific barriers in accessing such procedures.
•
The view that reporting is pointless and/or a lack of trust in complaint
mechanisms: When authorities are unable to prevent SGBV from occurring or
fail to take action against perpetrators, survivors may lose hope and fail to report,
due to feelings that it is pointless or dangerous. If such violence is perpetrated
by staff members, there may be a heightened sense that there is no possibility of
remedial action being taken. Allegations of sexual abuse perpetrated by women,
in particular, are often not taken seriously by authorities.
•
Detainees/prisoners are unaware of their rights: Individuals who are deprived
of their liberty may not be aware of their right to be protected from violence, and
of their right to redress if such violence has occurred.
•
Fear of ostracism and demotion (staff members): Staff may be reluctant to
report incidents of SGBV against detainees/prisoners due to the fear of potential
backlash from colleagues and/or detainees/prisoners, the fear of being demoted or
losing their jobs, and the fear of being ostracized by other staff for whistleblowing.
Assessing the reasons for underreporting – suggestions for monitors
To investigate the reasons for under-reporting in particular facilities, monitors could
check some of the questions listed below. Please note that some reasons for under-reporting are directly related to complaints mechanisms, and so are included in a later
section, on complaints (section 9.7)
17
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