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Addressing Sexual Misconduct in Women’s Prisons: Advice from Government Commissioner Hamer

ANPThe women’s prison in Nieuwersluis

NOS Nieuws•vandaag, 00:49

Measures are needed to combat inappropriate behavior in women’s prisons. This is the conclusion of Mariëtte Hamer, the Government Commissioner for sexual misconduct and sexual violence, in an advice to the House of Representatives. Victims can be female prisoners, but also employees.

Due to the power relationship between employees and detainees and the internal hierarchy, there is a greater risk of sexually inappropriate behavior in these places, she notes. According to her, a culture change is needed, so that people are more likely to speak out when things go wrong.

It should also be easier for detainees to report inappropriate behavior. Information about this must be clear and prisoners must be able to trust that complaints will be handled independently. Reports must be able to be made out of the sight of prison staff.

Hamer’s report follows abuses in women’s prisons and a critical report from the Justice and Security Inspectorate about the penitentiary in Nieuwersluis. There had been sexual abuse in the past, among other things. Hamer points out in her report that any sexual contact between an employee and a detainee is punishable by law, also because there is a major difference in power. “Whether the detainee agrees is therefore irrelevant,” said Hamer.

Yesterday it emerged that three male employees of the prison in Nieuwersluis are being prosecuted for assaulting female detainees. One of them is also suspected of rape.

More predictability

Apart from hierarchical relationships, there are other factors that increase the risk of inappropriate behavior in women’s prisons. There are many one-on-one work situations, there is uncertainty about the future prospects and there is a dependence on individual assessments. “Detainees in a women’s institution also have an above-average rate of mild intellectual disability and traumatic experiences, which makes them vulnerable to sexually transgressive behavior.”

Hamer advises creating more predictability in the relationship between employees and detainees. Employees’ powers to grant privileges to prisoners should therefore be limited. This concerns, for example, permission to make longer calls to the outside world.

“In conversations with detainees, I heard that employees made jokes about detainees or threatened them with a ‘one-way ticket to ISO’, the solitary cell. The detainees I spoke to let me know that these comments have (had) a major impact on them because of the power of the employees.”

Integrity

Conversely, prisoners can also cross boundaries physically, verbally and sexually with prison officers, Hamer writes. “The response from employees must always be honest, no matter how difficult it may be. Retaliation for physical or verbal violence or consent to sex is not allowed.”

For the report, Hamer spoke with employees and management of women’s prisons, supervisors and (former) detainees.

2024-02-28 23:49:21


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