Imprisoned Penis: Unleashing the Poison on Female Correctional Officers

• In Event: Misconduct in Correctional Environments

Abstract

This paper examines how female correctional officers have had to bear the brunt of the masturbation by male inmates who use this method of “gunning” or “killing” as a way to harass them. The issue is not whether the correctional facilities are responsible for the sexual harassment suffered by these employees at the hands of third parties, but whether they are actually treating this matter seriously and taking action to remedy the problem. Such a scenario can form the basis for Title VII lawsuits, creating a hostile work environment for the female employees, a protected class. By examining the most recent decision, Valdez v. Miami-Dade County (2020), this paper suggests that the best strategy would be for prisons and jails to take immediate remedial action for each incident when they become aware of the situation, and for female correctional officers to document every occurrence of harassment. If female correctional officers can show that such inmate misconduct was allowed or encouraged, they have a case. On the flip side, if correctional administrators can show that they took effective steps to deter such behavior, then they are not liable.

Author

• Vidisha Worley, Lamar University