Sexual abuse behind bars is often silenced and overlooked—even though facility staff commit the majority of reported assaults. But sexual violence is not part of the sentence. Being detained does not mean being dehumanized.
What Does It Mean to Experience Sexual Violence in Law Enforcement Custody?
When someone is detained, they are entirely dependent on the people overseeing their confinement—their “custodians.” This power dynamic makes incarcerated individuals especially vulnerable to sexual victimization by other incarcerated people or by the custodians themselves. And too often, victims are silenced by fear, retaliation, or disbelief.
Two terms are commonly used to describe sexual violence that occurs in law enforcement custody:
- Custodial abuse
- Prison rape
What Is Custodial Abuse?
Custodial abuse refers to any form of sexual abuse or harassment that occurs when an authority figure exploits someone in their custody. Perpetrators of custodial abuse may be:
- Correctional officers
- Law enforcement agents
- Facility staff members
These individuals are legally and ethically responsible for protecting people in custody—not exploiting them.
What Is “Prisoner Rape”?
The term “prisoner rape” is broadly use to refer to acts of sexual violence committed against incarcerated individuals. While custodial abuse is an aspect of this crisis, many survivors experience sexual violence at the hands of another incarcerated person—often under the watch of the institutions assigned to detain them.
Who Is at Risk?
At-risk individuals include anyone being held in:
- Prisons
- Jails
- Immigration detention centers
- Juvenile facilities
- Other government-run institutions
Victims are often targeted repeatedly, especially if they are younger, disabled, non-heterosexual or non-conforming, or perceived as vulnerable. Some are labeled “fresh meat” or pressured into sex for protection.
How Incarcerated People Are Harmed
Sexual abuse in detention settings can take many forms. Each of these acts violates the Prison Rape Elimination Act (PREA) and the survivor’s basic human rights. They are crimes—not consequences of incarceration—and must be treated as such.
Examples of Custodial Sexual Abuse
- Unwanted sexual contact (e.g., groping, fondling, or forced touching)
- Rape or attempted rape
- Coerced sexual activity (e.g., exchanging sex for basic needs like food, phone calls, hygiene products, or protection)
- Sexual harassment, such as repeated lewd comments or gestures
- Voyeurism, including watching detainees shower, use the toilet, or undress without a legitimate reason
- Exposure to pornography or sexual acts
- Retaliation or punishment for refusing sexual advances
- Manipulating policies (like solitary confinement or visitation privileges) to pressure compliance
Examples of Sexual Violence by Individuals in Custody
- Forced oral, vaginal, or anal sex
- Sexual penetration using physical force or threats of violence
- Coerced sex in exchange for protection, food, or privileges
- Sexual activity with someone who is asleep, unconscious, or otherwise unable to consent
- Groping, fondling, or unwanted touching of intimate areas
- Repeated sexual harassment or pressure to engage in sexual acts
- Sexual assault by multiple perpetrators (gang rape)
- Sexual abuse involving physical restraints or isolation
- Exploiting mental illness, disability, or vulnerability to gain sexual access
- Using fear, blackmail, or gang affiliation to control and sexually exploit someone
Consent & Incarceration
Consent is not possible where power is unequal and safety is not guaranteed.All people—regardless of their sentence—have the right to bodily autonomy and dignity. Sexual violence is not “just part of prison life.” It is a preventable act of violence that inflicts deep trauma and demands urgent, sustained action.
The Law Is Clear —But Enforcement Still Lags
In 2003, the U.S. government passed the Prison Rape Elimination Act (PREA). This landmark law was designed to prevent, detect, and respond to sexual abuse in all U.S. detention facilities. PREA set national standards that require:
- Access to free forensic exams and medical care
- Confidential ways for detainees to report abuse
- Zero tolerance policies for sexual victimization
- Independent investigations and reporting
- Access to outside advocacy and mental health services
Despite PREA’s protections, sexual violence in custody remains widespread. In 2020 alone, U.S. correctional institutions reported over 36,000 allegations of sexual victimization. Of these, 8,628 involved staff sexual misconduct, and 7,449 involved staff sexual harassment.
Key Statistics on Custodial Sexual Abuse & Prison Rape
According to the Bureau of Justice Statistics (BJS) report published in 2024: (1)
- In 2020, U.S. correctional institutions reported 36,264 allegations of sexual victimization, a 5% decrease from 2019.
- Of the substantiated cases in 2020, 73% were committed by other incarcerated people, while 27% were perpetrated by staff members.
- Staff sexual misconduct accounted for 8,628 allegations in 2020, while staff sexual harassment accounted for 7,449.
- In state, federal, and private prisons, there were 358 substantiated incidents of staff sexual misconduct in 2020.
- Only 24% of staff sexual misconduct incidents were reported by the victim, compared to 69% for staff sexual harassment incidents.
- Inmate-on-inmate nonconsensual sexual acts resulted in physical injury in 20% of substantiated cases and major injury in 8%.
- Victims received counseling or mental health treatment in just 45% of staff-perpetrated abuse cases in prisons and 33% in jails.
- The rate of substantiated incidents in military correctional facilities was 5.0 per 1,000 inmates in 2020—the highest of any federal system.
- Sexual abuse reports increased sharply between 2013 and 2016, then stabilized—yet the number of allegations in 2020 was over double that of 2013.
Important Considerations
The 2024 BJS report states that only 6% of sexual abuse allegations in custody were substantiated—that’s 2,351 out of 36,264 allegations.
Does this mean false reporting is rampant among incarcerated individuals? Possibly—but additional research strongly suggests that the issue is more nuanced.
Let’s take a look at some data:
- In 2009, the National Center for the Prosecution of Violence Against Women (NCPVAW) identified a false reporting rate of only 2-8%. (2)
- And a 2017 FBI report revealed that, from 2012-2016, only 2.8% of sexual violence reports resulted in a felony conviction. (3)
Given the low rates of false reporting and criminal convictions, we encourage advocates to ask themselves these questions when considering the issue of sexual violence in law enforcement custody:
- Are incarcerated victims less likely to be believed?
- Are reports of sexual violence in detention thoroughly investigated?
- Do incarcerated survivors face additional barriers to support?
The Impact
Survivors of sexual violence in custody often endure long-term trauma, exacerbated by the isolation of incarceration. Many are denied the mental health support and community care necessary for healing.
The narrative surrounding sexual violence in detention is riddled with dangerous myths: that sexual abuse is “part of the punishment” or that detained individuals “deserve it.” These views serve to:
- Facilitate systemic violence
- Diminish the severity of sexual violence
- Silence survivors
- Create unsafe working environments for custodians
Organizations like Just Detention International (JDI) and RAINN work to combat this harmful mindset by centering survivors’ voices and pushing for institutional accountability.
If You or Someone You Know Needs Help
Sexual violence is never the survivor’s fault—no matter where it happens or who perpetrates it. If you or someone you care about has experienced sexual violence in custody, resources are available:
- Reach out. Get support and resources from a trained support specialist. Contact RAINN’s National Sexual Assault Hotline by phone, chat, or text. It’s free, anonymous, and available 24/7.
- Find specialized resources. Just Detention International provides support services for survivors who are still incarcerated, those who have been released, and loved ones on the outside who are searching for ways to help. Explore JDI’s Resource Guide for Survivors of Sexual Abuse Behind Bars.
Incarcerated People Deserve Dignity, Too
Everyone deserves safety, dignity, and justice, and no one should be subjected to sexual abuse. Together, we can shine a light on this crisis and demand a system that protects everyone from sexual violence—no exceptions.
Sources
(1) Emily D. Buehler, Phd, Bjs Statistician; Shelby Kottke-weaver, Phd, Bjs Statistician – The Bureau of Justice Statistics. Sexual Victimization Reported by Adult Correctional Authorities, 2019-2020. (2024)
(2) Kimberly Lonsway, Joanne Archambault, David Lisak – The National Center for the Prosecution of Violence Against Women. False Reports: Moving Beyond the Issue to Successfully Investigate and Prosecute Non-Stranger Sexual Assault. (2009).
(3) Federal Bureau of Investigation, National Incident-Based Reporting System, 2012-2016 (2017).
Last updated: July 10, 2025