The two correctional systems were found to have failed consistently to train officers and prisoners to identify and avoid such misconduct. Both state systems failed to pursue complaints of sexual misconduct and to ensure that officers who engaged in such abuse were disciplined and, where appropriate, prosecuted. Subsequent to the class action suits, both correctional systems have begun to take long overdue remedial measures and to undertake a number of potentially important reforms. For example, Georgia created and hired investigators for a new investigative procedure to monitor compliance with the state's criminal law ban on sexual contact between corrections staff and prisoners. However, most departments of corrections that we investigated have taken no similarly notable remedial or preventative actions to address custodial sexual misconduct in their facilities.
Some states prefer to deny that the problem exists at all.
No state that we visited currently has in place the requisite combination of prison rules and procedures and criminal law and practice to combat custodial sexual misconduct in women's prisons. In fact, rather than working to expose and address custodial sexual misconduct, correctional systems often contribute to its perpetuation. 91 Cason v. Seckinger , Civil Action No. 94 Press Release, Michigan Department of Corrections, January 7, 1993. Letter from Deval Patrick, Assistant Attorney General, Civil Rights Division, U.S. Department of Justice, to John Engler, governor, State of Michigan, March 27, 1995.