U.S. Department of Justice

Anti-Fraternization Polices and their Utility in Preventing Staff Sexual Abuse in Custody

Publication year: 2013 | Cataloged on: Sep. 05, 2013
ANNOTATION: This publication is an excellent resource of case law “detailing how courts across various jurisdictions have analyzed employees’ challenges to anti-fraternization policies. Although the cases below only cover adult institutions, the tension between staff relationships and anti-fraternization policies persists in juvenile agencies as well. Agencies should be mindful that these policies can have a greater impact for female staff; note that of the twenty-six cases below, only nine implicate male staff. The impact of anti-fraternization policies seems to fall more heavily on female staff because of the greater number of male inmates. As one court specifically noted, ‘since the ratio of male prisoners to female guards is vastly higher than the ratio of female prisoners to male guards, there is no doubt that an anti-fraternization policy . . . will impair the marital prospects of women far more than those of men’” (p. 3-4).
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