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locked_upNew study concludes that a history of abuse is not just a predictor of future incarceration—it is a cause

If we truly believe that children are our future—all children—then it is imperative that we stop the cruel and unjust funneling of victims of abuse into incarceration, and improve the lives of sexually abused girls currently in our Juvenile Justice System.

Recently, the Ms. Foundation for Women, the Georgetown Law Center on Poverty and Inequality, and the Human Rights Project for Girls released a report, “The Sexual Abuse to Prison Pipeline: The Girls’ Story,” with groundbreaking new data on this problem. Among the study’s many findings are data confirming that sexual abuse is a “primary predictor” for involvement with the juvenile-justice system, and that girls of color are the most disproportionately affected.

“When we don’t talk about what’s happening to our girls, it’s often implied that they are doing OK. It’s important to know from this report that girls and girls of color not doing OK.”
—Yasmin Vafa, the Human Rights for Girls

Juvenile Justice SystemJuvenile detention centers are filled with girls who have survived trauma and abuse. According to the report, 31 percent of girls in juvenile justice report being sexually abused, a rate four times higher than boys. Furthermore, 45 percent of girls in juvenile justice suffer complex trauma.

In many states, the level of sexual or physical abuse is stunningly high—over 80 percent. In South Carolina, 81 percent of girls locked up in the juvenile justice system are victims of sexual violence, and in Florida this number is at 84 percent. In Oregon, 93 percent of girls locked up are survivors of sexual or physical abuse.

Human Rights for GirlsA recent U.S. Department of Justice study shows that the increased arrest and incarceration of girls over the past 20 years has not been the result of increased criminal activity or violence. Instead, more and more girls are being arrested and incarcerated because of the aggressive enforcement of non-serious offenses, many of which stem from abuse and trauma.

Gender stereotypes contribute to the problem, as the decision to arrest and detain girls in many of these situations is negatively influenced by whether the decision-maker perceives girls to have violated gender norms—even though such deviation is actually a response to trauma.

In fact, girls are ending up in the juvenile-justice system as a result of behaviors directly connected to their sexual abuse, such as running away, truancy, or substance abuse. Outrageously, girls who have been trafficked are often arrested for prostitution—even when they are too young to consent to sex when they enter the juvenile-justice system.

At the nonprofit organization, Families and Friends of Louisiana’s Incarcerated Children, or FFLIC, have seen the devastating impact of sexual abuse, including the alarming and shameful increased incarceration rates of girl survivors. This is not only cruel and unjust, it also fails to deal with the underlying trauma that results from sexual abuse. As a result, victims are further traumatized by the juvenile-justice system.

Sexually Abused GirlsThere are many parallels between the sexual-abuse-to-prison pipeline mentioned in the recent report and School to Prison Pipeline issues. Rather than providing the care, counseling, and support these young people need, we are allowing vulnerable youths to be pushed out of schools and into the juvenile-justice system. We are failing at providing the safe and supportive environments young people need in our schools and communities, particularly for youths of color.

Through an initiative called the Let Kids Be Kids Campaign, address the failure to care for our most vulnerable youths. They are raising awareness about laws in place that effectively criminalize children, and are working to ensure that all children have the necessary support to grow, thrive, and reach their full potential.

For example, we are working to reduce the number of youths suspended from school for habitual absence, tardiness, or “willful disobedience”—a subjective categorization susceptible to racial bias that schools are often ill-equipped to deal with. Approximately 56 percent of African-American youths in the juvenile-justice system report a prior school suspension. Out-of-school suspensions cut classroom time for children who need it most, and research demonstrates a correlation between harsh discipline practices, dropouts, and incarceration. Students with multiple suspensions are three times more likely to drop out by 10th grade than students who have not been suspended. Our group urges educators to work to ensure that children who are in crisis or exhibit challenging behaviors are kept in school, where they are surrounded by sources of knowledge and opportunity.

Another approach we stress is “positive behavioral interventions and supports,” or PBIS, a rehabilitative practice focused on developing and nourishing support structures for students to help improve their lives, both in and out of the classroom, and strengthen positive behaviors. Rather than centering exclusively on reactive disciplinary approaches, PBIS uses modeling and positive reinforcement to foster a good learning environment for young people.

These restorative practices are based on an understanding that children are not problems; children have problems. If children are suffering from sexual abuse, that trauma can manifest itself in acting out. In fact, research has consistently linked problem behavior in girl offenders to abuse and a traumatizing home life. In such situations, children need support, rather than suspension followed by incarceration.

Human Rights Project 4GirlsThe “Sexual Abuse to Prison Pipeline” report includes the story of Sasha to illustrate how current school structures and dynamics can fail girls who are victims of trauma. Sasha was raped as a high school student. The details of her assault spread via social media and led to judgment and harassment from her peers. Sasha felt unsafe at school and became truant and dropped out. Two years later, with the support and assistance she received from an educational advocate, Sasha successfully returned to her education, attending an alternative school. But without this kind of help, her story could have ended very differently.

For more of these promising endings to terrible life stories, both educators and whole communities must implement rehabilitative practices like PBIS, and provide the care and support our children need. If we don’t act now, we may lose a generation of children of color and victims of abuse.

Alice WalkerThe Nature of This Flower Is to Bloom.

Rebellious. Living.
Against the Elemental Crush.
A Song of Color
Blooming
For Deserving Eyes.
Blooming Gloriously
For its Self. 
Revolutionary Petunias,” by Alice Walker

 

 

 

 

Related:

The Sexual Abuse to Prison Pipeline – Rights4Girls

To obtain a hard copy of this report, please contact:
Center for Poverty and Inequality | Georgetown University Law Center
600 New Jersey Avenue NW #461 | Washington, DC 20001
povertycenter@law.georgetown.edu
Download available at

Juvenile-Justice System Not Meeting Educational Needs, Report Says

Feds Urged to Do More to Track School Sexual Abuse

Education Week: Opinion

 

 

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