Confronting Sexual Trauma and Mental Health Care Disparities: Women in the U.S. Carceral System

INTRODUCTION

The United States’ questionable achievement of incarcerating one of the largest known prisoners around the world, with an immense growth of women, is observed.  Behind the walls and bars of American Prisons, a hidden crisis unfolds every day. According to recent estimates, around half of all the female prisoners have witnessed minimal sexual abuse prior to incarceration. Approximately 9 out of 10 women who experienced abuse knew their abuser, which further indicates a strong likelihood that the abuse was initiated by someone whom they already knew. In a report released, male correctional employees have either vaginally, orally, or even anally raped female prisoners and sexually assaulted and abused them, while committing such misconduct, employees have used physical force, even to threaten them, and have violated their most basic professional duty. Additionally, the prevalence of past abuse is associated with potential chances of illegal drug use among women in prison; around 80% of women who have undergone abuse in the past have used illegal drugs regularly. Poor facilities in the U.S prisons often lack proper psychological support, which eventually leads to worsened mental health issues and further develops new ones. There are a number of women in the system with a background of trauma who are constantly watched by male guards, which can lead to extreme anxiety and can trigger past traumas.  

GENDER BASED VIOLENCE

The issue of gender- based violence in the U.S prison is a serious matter that highlights broader systemic flaws within the criminal justice system. This includes sexual abuses by prison staff and fellow inmates, along with physical and psychological mistreatment, which continues during arrest and interrogation. The research suggests that the healthcare services for women in prison consistently fail to meet basic human rights standards. Additionally, current policies and laws state the requirement for gender-sensitive approaches and access to services, via implementation, which often falls short of these standards.  As stated, the principle of non-discrimination requires that the needs of women in custody be adequately addressed within the aspects of the criminal justice system; the concern extends to the appropriate provision of healthcare services and mental health services. The Vienna Declaration, which was adopted during the World Conference on Human Rights held in 1993, states the need for specific strategies aimed at crime prevention to address the fundamental socio-economic reasons behind criminal acts, which also include systematized gender violence and inequalities that affect women more than men. Despite the standards which are established by the Prison Rape Elimination Act (PREA), cross gender supervision still exists and grows, for many opportunities for gender-based violence. The Justice Department’s review Panel on Prison Rape had documented that facilities with the highest rates of staff Sexual conduct share common characteristics. At state level, a multi -state analysis, has stated that in 34 states, the investigations of the staff’s sexual misconduct are conducted internally rather than by independent agencies, the documentation further states that in such cases where staff were found engaged in sexual misconduct only 37% have been terminated, along with many staff members with just transfer to different facilities. 

SEXUAL TRAUMA AMONG INCARCERATED WOMEN AND ACCESS TO MENTAL HEALTH CARE.

One of the major causes for sexual abuse in the U.S prison is that male officers are often allowed to have direct contact with female prisoners. This takes place even if international rules state that male officers should not be placed in any such positions. As per United Nations Standard Minimum Rules for the Treatment of Prisoners, male officers should not be in contact with female prisoners. Perhaps, in the U.S, the civil Rights Act states that employers can’t deny someone a job just because of gender, irrespective of how well they can do the job. This appears to be the reason why the courts haven’t supported the rules that are being made against male officers who still work in the prison. This also results in many male officers outnumbering female officers two to one, or even three to one; thus, the U.S anti-discrimination laws often ignore the need for strong protections against abuse by staff. Both international and U.S laws require states to prevent and punish sexual abuse by prison staff, but to achieve this U.S has agreed to follow two major international agreements, first being the ICCPR and the Convention against Torture. These Agreements require countries to impose a ban on torture and all other means of cruel and inhuman or any form of act which constitutes degrading treatment, plus by making sure that any such abuse is investigated and punished. 

Apparently 66% of women in the prison have a history of mental health disorders at higher rates as compared to that of male inmates. There were many recommendations given to the U.S facilities, which remained inconsistent with major gaps between policy and practices, such as the United Nations for the treatment of women prisoners calls for trauma-informed, gender-responsive mental health services for incarcerated women. These involve effective interventions using evidence-based trauma therapies, for example, EMDR and CPT. Furthermore, to address mental health challenges in the U.S prisons, the legislative reform must mandate trauma-informed screening at intake and must continuously assess throughout incarceration. The Justice for Incarcerated Survivors Act was introduced, but implementation has not been passed, which would require facilities to provide evidence-based trauma treatment. 

CONCLUSION

The American carceral system’s failure to address women’s sexual trauma and mental well-being with an urgent need represents a significant human rights crisis that demands immediate action. Despite International Standards and domestic legislation, the implementation remains silent and leaves thousands of vulnerable women trapped in the cycle of trauma and untreated mental illness. We don’t lack the evidence of sexual abuse and torture, which remains with women lifelong. Meaningful reform requires more than a policy statement; it demands substantial funding resource allocation, a comprehensive staff training and implementation program for non-violent offenders. As a society claiming to value justice, humanity, and justice, we cannot continue to ignore the devastating consequences of our neglect. The path needs acknowledgement, which addresses the trauma and mental health care for women, which is not merely a matter of compassion but a fundamental obligation to align with basic human rights, needs, wants, and for the betterment of public safety.