Gender and SSR Toolkit Box 5 12-Step protocol for responding to and investigating allegations of sexual assault in prisons The State of Oregon in the US has instituted a protocol on sexual assault to protect inmates from further victimisation and to ensure that prison staff engage in effective evidence collection, investigation techniques and documentation. 1. When there is a reported incident by an inmate, the staff member a. Notifies the officer in charge (OIC) b. Ensures that the victim is safe and kept separated from the aggressor c. Ensures that the victim does not shower, eat or drink until completion of evidence collection d. Secures the incident area and treats it as a crime scene until the investigation is completed 2. The OIC isolates the victim through transfer to the health services and asks the victim to disclose when and where the assault occurred and who committed it, in addition to other relevant questions. 3. The OIC notifies the health services of the sexual assault and the health services provide the necessary and appropriate treatment without compromising evidence. 4. The OIC notifies the (in-prison) Sexual Assault Response Team about the status of the victim. 5. If the report is made within 72 hours of the assault, the OIC places the suspected inmate aggressor in a dry segregation cell; if authorized, the OIC interviews the alleged aggressor; and secures clothing both from the latter and the victim. 6. The OIC notifies the investigations unit in order to coordinate the investigation response by the Oregon State Police. 7. The OIC notifies the Oregon State Police of the sexual assault. 8. The OIC notifies and briefs the assistant superintendent of security, the institutions administrator and the communications manager. 9. The OIC works with the institution’s health services’ staff to arrange for transport to the local hospital for treatment, examination, documentation, collection of forensic evidence, testing for sexually transmitted infection and referrals for counselling. 10. The OIC prepares a trip authorization and assigns staff to escort. 11. For cases handled by the Oregon State Police, the OIC maintains the crime scene and chain of custody for evidence until it is released to the Oregon State Police and prepares an unusual incident report. 12. If the sexual assault is reported more than 72 hours after the alleged incident, the OIC, in consultation with the sexual assault liaison and Department of Corrections investigators, review and apply appropriate steps and work with the institution’s health service staff to determine whether to have on-site medical evaluation versus transport to the local hospital.50 men took away their blankets and after spending a night in the cold they agreed to allow the men to have sex with them again. We try to tell these boys that they will die of AIDS, but what can these boys do?‘ ■ A prisoner in Malawi 55 Health care provided in many prison systems is grossly inadequate. Linking prison health more closely to public health and establishing the supremacy of public health principles is a very important aspect of reform. Doing so is likely to have the following benefits in ensuring that penal reform takes account of the different needs of male and female prisoners: ■ ■ ■ Women prisoners should have access to a woman doctor on request. Medical staff not employed by the prison authorities will find it easier to make independent judgements and to always put the needs of the patient before the requirements of prison management. Inappropriate security measures (e.g. shackling women to beds during hospital visits, gynaecological examinations or labour) should never be employed; condoms should be made available as well as harmreduction measures for drug-users. 10 ■ ■ Measures should be taken that are consistent with good public health norms, such as enhanced diets with adequate protein content for pregnant and breastfeeding mothers, ante and post-natal care of a standard likely to be found in the outside community, and ensuring that medical staff dealing with women are appropriately trained. Ensure the transfer of acute mentally ill cases from prison to a health setting, and support the provision of counselling services for victims of past violence and abuse as well as for perpetrators of abuse. Ensure that GBV can be reported to medical personnel without fear of reprisals. 4.7 Meet the needs of pregnant women and mothers of young children One of the most difficult problems faced by prison systems when dealing with women is to ensure the appropriate treatment of pregnant women and mothers of young children. Poor prison conditions, lack of proper care and facilities, and the high level of stress that accompanies incarceration may place at risk both the