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Insights Into Internal Investigations of Staff Sexual Misconduct in a Women's Prison

Thu, Nov 15, 3:30 to 4:50pm, Marriott, L507, Lobby Level

Abstract

Sexual abuse of women under correctional supervision by staff is a serious problem in U.S. prisons. Internal investigations rarely sustain claims made. Little is known about how these investigations are conducted. This qualitative study explores decision-making processes in prison internal investigations of staff sexual abuse of 20 women prisoners with 21 abuse allegations who were part of a civil rights class action lawsuit against the Department of Corrections. Ten cases were sustained and 11 were not sustained. Among the documents examined were internal investigation files, women's accounts of abuse, and legal case materials. Several factors were identified as influential on outcomes including: 1) the availability and importance of tangible evidence to support claims; 2) the ability to corroborate claims with physical evidence and credible witness statements; and 3) influence of external agents on the outcomes of independent and internal investigations. Discussion of the degree to which these factors parallel or do not parallel other decision making processes and the standard of proof applied is discussed.

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