We seem to have reached a consensus that our criminal justice needs some type of reform. There are many arguments about what that reform should be. For example, most agree that we need a fresh approach in dealing with nonviolent offenders. Some reformers argue for an increase in the number of drug courts and an emphasis on treatment over punishment. People also advocate for ways to better reintegrate convicts into society after they’ve paid their debt to society.
But there is an important component that seems to be muted in our talks about reform. Women are conspicuously absent from the conversation, even though there is plenty of evidence that women are more likely to suffer certain criminal justice challenges more acutely than men.
The Female Prison Population Has Soared in Recent Decades
For those paying attention to the many problems posed by our prison systems, the population boom in U.S. prisons is not a surprise. Since 1980, the U.S. federal prison population alone has swelled from 25,000 to over 205,000. The populations of state prisons and jails have also increased dramatically over the same period.
But the increase in the rate of women prisoners has been 50 percent greater than their male counterparts. The U.S. jail population reflects the trend. In the 1970s, there were less than 8,000 women in our jails. In 2014, there were more than 110,000 women in U.S. jails.
These facts are surprising when you consider the recent trends favoring prisoners convicted of nonviolent crimes and those less likely to commit crimes after their sentences. Women are far less likely to have been convicted for violent crimes than men. Studies also indicate that women have lower rates of recidivism than men, meaning they are less likely to be rearrested after being released from jail or prison.
The Challenges Women Prisoners Face
Women are more likely to be victims of sexual abuse in prison, especially by male staffers of jails and prisons. Around 86 percent of women report that they have experienced some form of sexual violence at some point in their lives, and the way prisoners are treated in correctional facilities can retraumatize women who have a history of being sexually abused.
Many facilities fail to offer women access to services or products that are vital for basic hygiene and reproductive health needs. They are also less likely than men to be able to afford bail services and are subjected to risk assessment tools for parole and release programs that are primarily designed for male prisoners.
Several reform advocates believe that we should begin closing prisons for women and redirecting women instead to rehabilitation programs that help them find housing and receive treatment for drug addiction or mental illnesses.
It’s also worth noting another important issue in this debate: most female prisoners are mothers. Even those who don’t support closing all women’s prisons will be able to see the value of rethinking our approach to female prisoners. Women are not only less likely to pose a threat to society than men and more likely to suffer abuse in correctional facilities, they also play a key role in caring for future generations who depend on them to provide for their basic needs.
