CHAPTER ONE: THE GENDERED PAINS OF IMPRISONMENT.
‘Equal treatment for men and women is a matter of approach not outcome. The underlying assumption is that fairness consists of circumstances being treated in similar ways, but it must be recognised that men and women do not necessarily appear in similar circumstances.’ (Hedderman and Gelsthorpe, 1997: 1).
Globally, women’s prisons are surrounded by controversy. The many issues relating to prisoners such as substance abuse, mental illness and self-inflicted death have become increasingly visible to the public and of great concern for policymakers. Men and women in prison both face similar issues, for example suffering from an addiction or difficulty finding housing and employment after their release (Crewe, 2017). However, issues are not experienced by men and women of the same magnitude, as Crewe (2017) suggests in his research on ‘The Gendered Pains of Imprisonment’. The UK prison service is male dominated both in terms of those employed and imprisoned within it (Davies, 2011); women represent 5% of the UK’s prison population and prison staff are still predominantly men, with female officers currently representing 29% of the force (Hargreaves et al, 2017). This could suggest that the custody procedures and prison policies are based on male needs and experiences. Chesney-Lind and Pasko (2004) have argued that ‘a gender-blind approach to imprisonment is unjust’ (Chesney-Lind, 2004: p165). Further support from a number of scholars and campaigners such as Prison Reform Trust, blame these issues on a gendered design, believing that the UK prison system was designed by men for men. Further support comes from Carlen (2002), who states that women have been punished as if they were men (Carlen, 2002). This chapter will focus on the numerous specific pains women experience in the criminal justice system that differ from men, and more importantly; the impact that incarceration has on their mental health.
This chapter will descriptively explore some of these issues under the following headings to explain the different gender experiences in prison:
- Mental Health
- Motherhood and relationships
- Power, autonomy and control
- Life after prison
Mental Health
The Bradley Report (2009) claims that there are too many unmet complex, multi-dimensional social and mental health needs of offenders that end up in the criminal justice system. Winestone (2015) suggests that this is due to the mainstream health provision (NHS) available to those in the criminal justice system. The mental health budget from 2010-2015 saw a drop of 8.5%, and despite the UK’s Prime Minister Theresa May calling for an ‘end to stigma around mental health’ (Independent, 2017), in March 2017 there were 145 fewer psychiatrists across all grades, than in March 2010; over the same period of time there has been a decline of 5,161 nurses in mental health services (NHS, 2017). There is a further struggle to provide funding for prisons, as there was a 30% decrease in staff and a 13% decrease in the current budget for mental health provisions, £400 million is the estimated budget in 2016/2017 for prisons across the UK (NAO, 2017). In 2016, there were 120 cases of self-inflicted death and 40,161 cases of self-harm incidents reported in prisons (NAO, 2017), both of which were the highest numbers on record. It was also discovered by NAO that 40% of prisons did not provide refresher mental health awareness training to prison staff in the three years leading up to October 2016, showing that there are failures in reaching prisoners who need general medical and specialist mental health care in the UK.
Corston (2007) reports that mental health problems are far more prevalent among women in prison than in the male prison population and in the general population and that up to 80% of women in prison have diagnosable mental health problems (Corston, 2007). Furthermore, 66% of women in prison are assessed as having symptoms of neurotic disorders for example depression and anxiety, this is compared to 20% who suffer in the general population (PRT, 2017). About 50% of women in prison display features of personality disorder, a mental disorder which is prevalent amongst approximately 6% of the general population (Knott, 2016). Moreover, 46% of female prisoners report having attempted suicide at some point in their lives. This is twice the rate of male prisoners and more than seven times higher than the general population (PRT, 2017). In spite of these figures, only 26% of female prisoners have received treatment for mental health conditions (PRT, 2018). Rickford (2003) argues that there is an unacceptable gap between the complex needs of women prisoners and the resources provided by the Prison Service, moreover there are too many women in prison who are mentally ill and should not be there in the first place (Rickford, 2003). Rickford explains that there is an over-reliance on medication which can lead to a dependency, while not enough attention is being paid to a support focused counselling or mentoring approach, which women are shown to respond well to (Rickford, 2003). This is supported by Corston (2007) who argues that only by expanding the range of psychological therapies available, will the unique needs of women with mental illnesses be met (Corston, 2007; Rickford, 2003).
The link between abuse and offending is complex and contentious and women in prison are often victims of more serious crimes than the ones they have been accused of (PRT, 2017). More than half of female offenders in prison reported experiencing sexual, emotional or physical abuse in the past. Nevertheless, this figure may be higher as many women may fear disclosing sensitive and triggering information. It is argued that the likelihood of children who have grown up in deprived socioeconomic conditions and high crime neighbourhoods, are at increased risk of both victimisation and offending (Hooper, 2003). High levels of trauma and abuse are prevalent in many of the women’s lives who encounter the criminal justice system. It is argued that female prisoners experience a higher manner of discrimination than men when prison officers perform strip-searches, often causing re-traumatisation and feelings of helplessness. Corston (2007) reported that the women in her research described strip-searching as making them feel ‘embarrassed, invaded, degraded, uncomfortable, vulnerable, humiliated, ashamed, violated and dirty’ (Corston, 2007: 31). However, in ‘The Corston Report: Ten years on’ (2017), routine strip-searches were replaced with scanners known as ‘Body Orifice Security Scanners’ which can detect mobile phones, drugs, weapons and other metal items in a non-intrusive manner (WIP, 2017). Strip searches are used as a last resort in the UK, however they still remain common practice in other countries around the world.
Mental health is a prominent issue that has prevalent in both men and women’s experiences of incarceration. This dissertation has explored mental health as it is a detrimental and worsening outcome for the majority of women who experience incarceration, and therefore this dissertation argues it is one of the many reasons why women in the criminal justice system face injustices in their lives and sentencing.
Motherhood and relationships
Plugge et al (2006) argue that the most significant factor in terms of detriment to mental health for female prisoners is the separation from family, especially children. In the UK, the average woman in prison is 66 miles away from their home, compared to 50 miles for men (WIP, 2017). Furthermore, in Eastwood Park prison, where many Welsh women are sent, 20% of women are over 150 miles from home (PRT, 2015). Thus, making contact difficult, especially with mothers who are dependent on statutory care agencies to bring their children to visits. For some women, however, going to prison provided an opportunity to cut off contact with abusive family members or partners (Crewe, 2017) as 57% of women in prison have reported being victims of domestic violence as adults (Williams, 2017). However, it is argued this is likely to be an underestimate as Women in Prison report that around 79% of the women who use their services have experienced domestic violence and/or sexual abuse (Justice Committee, 2013).
Research has shown that women in abusive relationships suggest that they are at higher risk of being coerced into crime by their partner. Trafficked women, foreign nationals and those from minority ethnic and religious groups, as well as women with learning disabilities and mental health difficulties (Williams, 2017) are most vulnerable. This creates a cycle of victimisation and offending for women affected by domestic abuse. For example, there are often strong links between coercion of family members and the criminality of many Muslim women in prison, with women reporting that the consequences of being ostracised or even becoming a victim of ‘honour-based abuse/killing’ were used as blackmail (Cited in Williams, 2017). It is evident in other countries that are considered more sexually repressive – such as Pakistan and Iran where there is an abnormally high rate of suicide amongst Muslim women in prison – which could show the impact of controlling and abusive behaviour towards women (Othmani, 2008). Furthermore, victims of domestic abuse who have children, avoid disclosing abuse as there is a fear of losing their children to the care system.
Baroness Hale has suggested that;
“Many women still define themselves and are defined by others by their role in the family. It is an important component in our sense of identity and self-esteem. To become a prisoner is almost by definition to become a bad mother. If she has a husband or partner, then again almost by definition she will become a bad wife or partner. Separating her from her family is for many the equivalent of separating a man from his job.” (Cited in Corston, 2007: p20).
Carlen supports this statement by suggesting that society believes women who are incarcerated have offended society and the criminal law and have also tarnished ideals around women’s roles and femininity (Carlen, 1983). Corston (2007) further agrees, arguing that men generally tend to cope better with prison life. Imprisonment is attributed as an ‘interruption’ in their lives, while for women; it feels more permanent, for example the loss of their children and their home. Crewe’s (2017) research into the gendered pains of life imprisonment discovered that losing contact with family and friends and the loss of the mother role was described as ‘one of the most traumatic aspects of their imprisonment’ (Cited in Crewe, 2017: p10). Many women in prison or in remand will be primary caregivers, a Home Office study in 1997 showed that for 85% of mothers, the prison was the first time they had been separated from their children for any significant length of time (Home Office, 1997). Additionally, women’s imprisonment results in an estimated 17,300 children being separated from their mothers, and fewer than 1 in 10 children are cared for by their fathers whilst their mothers are incarcerated (Williams, 2017). An incarcerated mother also has a detrimental impact on her children, there is a link of children being at a higher risk of offending because of the factors surrounding their mothers’ criminal status (Sharp, 2001). Furthermore, they are often placed in abusive homes as they await their mothers’ release, either with an abusive partner or in care. The Corston Report revealed that some mothers had no idea where their children are, and of 50 self-harmers studied, a third of the women were in care themselves (Corston, 2007). Corston has suggested that this causes mothers ‘great distress and deleterious consequences for their mental health’ (Corston, 2007: p20), not only this but the children of prisoners have about three times the risk of mental health problems and/or anti-social behaviour compared to other children (PRT, 2015). Moffat (1997) has further suggested that the concept of maternal power is important in explaining the impact. Maternal power is based on an ethic of care which reliant on a mother’s duty and obligation to protect her child and ensure the production of a healthy and obedient citizen, therefore responsibility of being a mother is taken away from a mother who is incarcerated.
Whilst men did report to have similar feelings relating to loss of contact with their children, there were only a small minority of men who had dependent children. Plus, there are fewer reports from male prisoners of a lack of contact with other family members, mostly due to the abundance of male prisons across the country (Crewe, 2017). Therefore, this issue disproportionally impacts women in incarceration. Carlen (1998) further argues that when men go to prison they are aware that their wife or spouse will take care of their children (Carlen, 1998). Crewe suggests that due to the general stigma attached to female offending, many family members tended to stop contact. In contrast, men often report making stronger relationships with their friends or family (Crewe, 2017).
To summarise, motherhood is a clear gender-specific pain of imprisonment that women experience. This dissertation addresses this issue, as it shows that there is more ‘punishment’ or perhaps ‘injustice’ directed at mothers who are convicted and sent to prison, in comparison to the majority of male offenders as they are more likely to be closer to their family and if they were a primary carer.
Power, autonomy and control
Crewe’s (2017) research found that women in prison rated ‘having to follow people’s rules and orders’ (Crewe, 2017: 7) as the most severe problem that they experience in incarceration. The lack of control women experience is very overwhelming and is often intertwined with custody battles and issues with their children. He has also associated the feelings women experience from their past abusive and controlling relationships with the similar feelings of powerlessness in prison. As Girshick (2003) suggests the prison environment reproduces a ‘dynamic of abuse’. Although Crewe (2017) found that women ranked ‘prison officers making life harder’ as 30th, Carlen (1990) argues that discipline is excessively harsh in female prisons as authorities usually expect higher standards of behaviour from women than they do from the men. As a result, female prisoners are often subject to special, closer forms of control and confinement (Dobash et al, 1986), therefore further limiting their privacy and autonomy. Carlen and Worrall (2004) further elaborate the possible two reasons why women routinely commit almost twice as many disciplinary offences as men (Carlen and Worrall, 2004). The first reason being discipline is overly strict in a female prison, as previously mentioned, the second stance is that women are generally more disruptive and difficult to manage. Concerning the second point, Carlen and Worrall (2004) have suggested that the disruptiveness that is experienced more in female prisons is a result of distress, depression or mental health problem (Carlen and Worrall, 2004). There is a key point of difference in the way women respond to and cope with imprisonment in comparison to men.
Another control issue identified in women’s prisons is the prison environment. The Corston Report acknowledges the hygienic problems in women’s prisons such as limited availability to sanitary products, poor facilities and often no privacy in toilet areas; this is especially stressful and humiliating for women in their menstruation periods (Corston, 2007). A biological and evident difference in women’s experiences of prisons which differ to men’s is a governing of hormones which can affect moods and emotions. Women often report feeling ‘disempowered’ from not being able to carry out a simple task such as ‘self-care’ or general cleaning. Enforced sharing of rooms with five women in a dormitory is especially problematic concerning hygiene, women often share one in-cell sink which is used for personal washing as well as cleaning eating utensils. In addition, a lack of fresh air and ventilation in these cells when there are smokers is a further stress especially for non-smokers (Corston, 2007). Where the female offender population seems to increase; there are still only twelve female prisons across Britain. Therefore, women may be placed in a more ‘high security’ prison despite a low threat that they may pose. Subsequently, a prison’s regime and rules will be determined by the maximum-security requirement. Additionally, halls are also not ranked on ‘threat-level’ and women may be placed in a cell with very mentally unwell women and this can be an ‘exceptionally frightening experience and one that they are often very unprepared for’ (Corston, 2007: 32).
Power, autonomy and control was a subject which Ben Crewe (2017) specifically addresses in his work on female incarceration, which is why this dissertation included this section as helps understand the gender-neutrality of the criminal justice system and how this impacts women directly. Whilst some may agree that the point of prison is to eradicate access to the outside world and autonomy, this dissertation argues how this affects women more than men.
Life after Prison
Whilst the focus of this dissertation is on women in prison, it is important to consider the impacts prison life has after their release, as there are also significant differences between men and women. Women are more likely to hold short-term sentences compared to men (PRT, 2017) due to the nature of their offences for example petty theft. However, short custodial sentences lead to higher rates of re-offending, 61% of women who served 12 months or less of a sentence end up re-offending (PRT, 2017). This could be due to 60% of women who lose their homes and possessions because of prison and are left without accommodation, therefore many women cannot apply for jobs or benefits for themselves and their children (PFT, 2017). Furthermore, the statistics show that in contrast, only 8.5% of men do not have a job upon release from prison (PRT, 2017), compared to 26% of women.
The dual stigma of mental health and an offending history makes it very difficult for prisoners to find a job upon release. Mental illness and drug and alcohol dependency are conditions which disproportionately affect women. Research has shown that women who experience over two forms of mental illnesses find it difficult to access rehabilitation courses and are unable to complete their training (PRT, 2015). Furthermore, as Corston (2007) has researched, many women who enter the criminal justice system often have learning disabilities and already suffer from poor mental health and this often correlates with lack of work experience and basic life skills (Corston, 2007). Prison Reform Trust reports that ‘access to banking for prisoners pre-release is one of the foundations of successful resettlement’ and ‘work promotes recovery from mental illness and desistance from crime’ (PRT, 2015: 3).
To conclude, there are a number of variables which clearly have a more profound impact on women who are and have been incarcerated than men. In reflection of this, it is clear that there is not sufficient evidence that suggests the current prison service is supporting women’s needs, and this is evident in recent statistics which show the highest number of self-inflicted deaths in prison on record (NAO, 2017). There were 120 self-inflicted deaths in 2016, 12 of which were women which are a disproportionate amount considering women only represent 5% of the whole prison population (WIP, 2017).