‘Bad Girls’: The Common Moniker Given to Women in Prison. But What If That Label is a Lie?

“Detaining a woman inevitably means detaining her family,” an adolescent woman in Sierra Leone explained to me, cradling her tiny newborn in a damp cell. This statement resonates with a individual experience from my teenage years, hearing my mother cry after learning my father had been arrested for political motives in Zambia.

I understand deeply how children become the secondary casualties of incarceration. Over two decades as a attorney, I have seen that this is even more true when the primary caregivers, usually women – are the ones taken away.

My work has shown me the profoundly negative effects of imprisonment on countless females and their offspring. Additionally, I have seen how their voices are overlooked, even within discussions on female empowerment.

Debunking the ‘Bad Girl’ Stereotype

Society frequently tags women in prison as “troublemakers.” Yet consider if this label is a misconception? Most of women behind bars are detained because of minor, non-violent infractions. Detailed analysis conducted over the recent couple of years demonstrates that in a high percentage of situations, women are prosecuted due to destitution, psychological disorders, violence or prejudice.

50% of the female prison population in prison, as opposed to less than a third of men, report a substance dependency in the year before imprisonment.

In a detention center in South Africa, a woman recounted her arrest for shoplifting, an act of desperation to get food for her household. In Sierra Leone, countless women were documented to be arrested for financial obligations. In Kenya, stories abound of women detained because of “informal selling” – selling food without a licence – simply to make ends meet.

Women from Mexico explained how the global narcotics crackdown is contributing to an increase in the number of women in prison, notably throughout Latin America and Asia. Numerous females participate in narcotics distribution due to economic need and force; though not major players in the drug trade, they are more readily arrested by police aiming to fulfill arrest targets.

When Violence is a Response

The small proportion of women who are convicted of violent acts are often individuals with a history of trauma themselves. Consider, 21-year-old Chisomo from Malawi, arrested for the killing of her ex-partner. He had sexually assaulted her and vowed to murder her if she left. Chisomo ultimately ran away after he attempted to stab her. Yet, he eventually confronted her again, stabbing her. In a moment of survival, she seized the weapon and retaliated.

I have collaborated with lawyers across the globe who advocate for legal processes to consider a woman’s history of economic hardship and mistreatment. But despite these efforts, a justice system designed historically by and for men continues to disadvantage women through inherent biases. Those who deviate from conventional expectations of the virtuous and nurturing female are often subject to stricter sentences.

Prisons are not secure environments for women. Vulnerable women are imprisoned and come out further traumatised.

I have documented instances where women have endured abuse and where procedures like intrusive inspections and segregation cause further harm to women with histories of trauma or psychiatric disorders. The rates among female inmates of self-injury are often higher than those in prisons for men.

Despite global guidelines mandating that prison should be a ultimate measure, particularly for expectant mothers and women with infants, tragic stories persist of women who suffer stillbirths and of babies who die in prison.

The Hidden Sufferers – Children

Children – living within prison walls or in the community – are the overlooked casualties. Estimates suggest there are at least 19,000 children detained in prison with their mothers, while a overwhelming 1.4 million children live with a mother in prison.

The intergenerational harms of having a mother in jail on children are thoroughly studied. I vividly recall trying to trace the children of a hopeless woman in Sierra Leone, who had no knowledge what had transpired after her arrest. A community member had taken them in but the nine-year-old girl went to trade on the street to support herself and was never seen again.

A Global Blind Spot

One of the primary disappointments is how women’s incarceration remains a blind spot. Major conferences on women’s rights, where policy and funding priorities are set, repeatedly omit this pressing matter. As an example, there was a complete absence of imprisoned females in the political declaration at the an important international gender equality meeting this year.

Research indicates that organisations supporting and advocating for female prisoners are severely lacking in resources, even by donors to human rights and women’s rights causes. Historically, negative labeling, a tendency to showcase only “sympathetic victims” and the exclusion of those who do not fit straightforward profiles has meant that disadvantaged females and their children are ignored, despite commitments to “leave no one behind.”

Glimmers of Hope and Reform

But despite documenting hardship, one can find optimism. Around the world, women are reimagining what a equitable system could be, from both inside and outside detention centers. In Colombia, activists helped pass an progressive legislation allowing women to undertake rehabilitative work rather than face imprisonment in specific cases.

In Sierra Leone, gender justice advocates successfully challenged outdated vagrancy statutes. In the UK, female-focused rehabilitation hubs offer a example of community support that is superior in outcomes and lower in expense than prison.

Recently, at the inaugural gathering of a worldwide alliance of formerly incarcerated women, I was moved to tears hearing stories of women turning years of pain into something empowering, offering mutual support and working together to reshape the systems that affect them.

As the number of women in prison rises steadily at an disturbing speed – increasing at a higher rate than that of men – and we head towards the concerning figure of more than one million women incarcerated globally, this serves as a wake-up call.

A Call for Accountability and Action

Next year offers important moments for campaigning to address this neglect – from international forums to prominent gender equality summits.

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