Correctional Officers' Sexual Misconduct (Research Paper Sample)

Correctional Officers’ Sexual Misconduct
Name
Institution
Correctional Officers’ Sexual Misconduct
Introduction
The paper discusses the ethical issue of sexual misconduct as perpetrated by male officers in the correctional facilities. The paper evaluates the development of zero tolerance policy on instances of inmate sexual assault alongside the systems that are in place as a checkpoint to deter the occurrence of these cases. In addition, the perspective is highlighted in relation to the ethical considerations and the implications for having sex with inmates. Drawing from the discussion, recommendations are provided on combating the concern of sexual misconduct in addition to the implications that the incidents have on funding.
Discussion
Sexual misconduct in correctional facilities is an area for concern in the criminal justice system. The concern has resulted to the Federal Bureau of Prisons to adopt a policy that has zero tolerance on sexual abuse. The approach was embraced following the findings that one out of six inmates face the risk of sexually violation from a staff member if deterring measures are not in place. The bureau’s commitment is to ensure that the incarcerated population enjoys the fundamental rights enshrined in the federal constitution.
The protection is offered to the inmates regardless of their age, sex, gender or race. The system established a mechanism through which sexual violation cases are reported. The inmates are advised to report the cases deemed sexually abusive to a staff member. The office of the Inspector General has a dedicated department that is tasked to receive the cases. The Administrative Remedy process is a creation of the correctional facilities. The Administrative Remedy formed was to chiefly provide a platform through which the inmate victims of sexual abuse could report their cases.
According to Singer, (2013), the facilitation of the zero tolerance policy is through an established detection system for the cases of sexual abuse by male correctional officers. The process begins when the inmate is admitted in the facility to serve a definite term. The inmates are made aware of their rights on harassment and sexual abuse in a comprehensive manner. Consequently, the awareness is in a language that the inmates can easily understand. The inmates are further educated on the reporting options available through the use of assorted handbooks. To supplement the system, postings are displayed across the facilities prohibiting sexual harassment and abuse on inmates.
The major piece of legislation in place for prescribing punishment to persons found in violation is the Prison Rape Elimination Act enacted in 2003. A major achievement of the legislation is the acknowledgement of violations that are perpetuated by staff members. The act also lists the forms of staff sexual misconduct forms. In order to understand how seriously the issue of sexual harassment and abuse is taken by the authorities especially by correctional facility staff, an exemplary example is the Wisconsin legislature which listed the crime of staff sexual misconduct a felony (Carlson & Garrett, 2008).
The methods of collecting information on the incidents of staff sexual misconduct are varied to provide as many avenues as possible. The most notable form is through inmate reporting. The victims often report the cases to created units. The reporting is structured in a manner that ensures the confidentiality of the victim is protected. Moreover, measures are taken to guarantee that there is no conflict of interest between the investigating office and the alleged perpetrators. The measures ensure that there is no victimization or intimidation. The bureau of prisons and correctional facilities conducts regular audits in the facilities under its jurisdictions. All the cases reported are given priority in the investigation process. A special taskforce formed looks into the allegations and provide necessary recommendations, which is done in tandem with courts of law of competent jurisdiction (All too familiar: Sexual abuse of men in US state prisons, 2013).
Sexual misconduct by the staff members is a peril to the facility primarily because of the credibility purposes. The correctional facilities are viewed to be institutions where inmates can be rehabilitated back into the community. The officers managing them are entrusted with the mandate. The fear that is borne out of such cases also stands to lower the effectiveness of the rehabilitation program. Lowering of the effectiveness may occasion cases of repeat offences. According to the United States Department of Defense, sexual abuse from the staff can lead to greater security concerns for the facility. The involved staff members might be corrupted which leads to dangers such as the smuggling of drugs and other contraband materials within the facility (All too familiar: Sexual abuse of men in US state prisons, 2013).
The problem of sexual misconduct can be addressed in a number of ways. The proposed ways are hugely influenced by the loopholes found within the system. It would be prudent to incorporate stiffer penalties for the perpetrators. As it stands, most jurisdictions list the offence as a misdemeanor which is punishable by a one year jail sentence term. A stiffer penalty will offer more deterrence to any possible offenders. Further, a more credible system for the detection and reporting of such cases should be formed (Ax & Fagan, 2007).
According to a report presented by Ax & Fagan, (2007) on the findings of sexual abuse cases by staff members, almost sixty-seven percent of the victims did not report their cases. The failure to report was attributed to the fear that the violating officers may retaliate and harm the victims. A major challenge in the tackling of the problem is to the extent that in a number of cases the credibility of the alleged victims is on doubt because of being convicts of different crimes.
Additionally, there is need for greater awareness to be spread not only amongst the inmates, but also to the officers charged with the responsibility of managing the facilities. The awareness information will be aimed at ensuring that the stakeholders are well-informed on the sexual misbehavior, its effects and penalties. The federal prosecutors are found to be unwilling to prosecute cases concerning sexual misconduct. The unwillingness is particularly when the force or threats were not used because it will only be listed to be a misdemeanor. To ensure that all the cases are investigated and fair justice is served, it is crucial to reform the laws. The reforming of the laws will play a vital role in tackling the staff sexual misconduct (Atabay & United Nations Office on Drugs and Crime, 2008).
It is illegal to have sex with inmates chiefly on two premises. First, the relationship that exists between the male staff officers and the inmates is not of equal proportions. The inequality is recognized in the provisio...