A Comparative Analysis of Four Countries: The Challenges to Effective Prevention and Response to Prison Sexual Assault

Abstract

Rape and other forms of sexual violence against prisoners are recognized as forms of torture that are prohibited by international conventions. Despite this, prisoners are at heightened risk of sexual assault by other inmates or corrections officials across the globe. The current study conducts a comparative analysis on the data collection practices and the relevant laws and policies on prison sexual assault across four countries including South Korea, the United States, the United Kingdom, and Australia. Results indicate that currently, the United States, the United Kingdom, and Australia collect data and publish official statistics on the prevalence and occurrences of prison sexual assault. In addition, only the United States has a mandate such as the Prison Rape Elimination Act of 2003 legislation, which requires all confinement facilities to implement specialized laws and legal standards stipulating practical strategies for effective prevention, detection, and response to prison sexual violence. The findings suggest that the Ministry of Justice and the Korea Correctional Service should make efforts to collect, record, and publish more reliable official data on all forms of sexual abuse, sexual harassment, and sexual assault occurred within correctional facilities. Moreover, the governments of South Korea, the United Kingdom, and Australia should consider legislating specialized laws and policies to effectively prevent and respond to sexual violence within correctional facilities. To support rape victims and ensure their recovery, specialized responses such as medical and legal services should be implemented. Furthermore, it is critical to establish legal standards and administrative policies of staff training and education aimed at increasing the accountability of corrections officials.