Human Rights Behind Bars: The Duty to Protect Female Prisoners
Every person in custody retains basic human rights. Chief among them is the right to safety, dignity, and freedom from abuse. The recent $2 million lawsuit brought by Keli Lane against the NSW Government highlights how deeply these rights can be breached when systems fail to protect women behind bars.
Background
Lane was convicted in 2010 of murdering her newborn daughter and is serving an 18-year sentence. Regardless of her conviction, she—like all women in prison—is owed a duty of care by the state. Her claim alleges that Corrective Services NSW not only failed in this duty but allowed a culture where male officers could exploit, abuse, and silence female inmates.
Allegations of Abuse
At the centre of the case are harrowing allegations that Lane was sexually assaulted by multiple prison officers, including notorious chief officer Wayne Astill, who was later convicted of abusing female prisoners. According to Lane’s claim, her attempts to report the assaults were ignored or met with punishment, a pattern all too familiar in institutional abuse cases.
The allegations go beyond individual acts of violence. They point to systemic neglect: a workplace where colleagues looked away, management failed to act, and women prisoners were left vulnerable to ongoing exploitation.
Human Rights Lens
This case is about more than one woman. It forces us to confront:
The rights of women in custody: Even when incarcerated, women retain the right to bodily autonomy and to live free from degrading and inhumane treatment.
The state’s responsibility: By imprisoning someone, the government takes full responsibility for their welfare. When abuse occurs in that environment, it represents a direct failure of state power.
Gendered violence in institutions: The allegations mirror wider patterns of violence against women—where power imbalances, closed systems, and disbelief of victims allow abuse to continue unchecked.
Inquiry and Reform
The Wayne Astill scandal triggered a special commission of inquiry, which uncovered widespread failings in recruitment, complaint handling, and monitoring. Recommendations included better reporting mechanisms, body-worn cameras, and cultural change within Corrective Services. The challenge is ensuring these reforms are more than words on paper—that they meaningfully protect women.
Law Firm Insight
Misfeasance in public office: If proven, this shows not just neglect but abuse of authority by officials tasked with protection.
False imprisonment & trespass to person: Lane’s claim highlights that lawful incarceration does not permit unlawful intrusion on a woman’s body.
Gendered accountability: The legal system must grapple with how institutions address violence against women, particularly when those women are marginalised by incarceration.
Keli Lane’s case is a stark reminder that women in prison are among society’s most vulnerable. When the state fails to protect them, it is more than an individual tragedy—it is a breach of fundamental human rights. Whether this lawsuit succeeds or not, it shines a light on the urgent need to reform how we safeguard women behind bars.