Prison rape in the United States

Prison rape commonly refers to the rape of inmates in prison by other inmates or prison staff. In 2001, Human Rights Watch estimated that at least 4.3 million inmates had been raped while incarcerated in the United States. A United States Department of Justice report, Sexual Victimization in Prisons and Jails Reported by Inmates, states that "In 2011–12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months." However, advocates dispute the accuracy of the numbers, saying they under-report the real numbers of sexual assaults in prison, especially among juveniles.

A meta-analysis published in 2004 found a prevalence of 1.91% with a 95% confidence interval between 1.37 and 2.46%. In a survey of 1,788 male inmates in Midwestern prisons by Prison Journal, about 21% claimed they had been coerced or pressured into sexual activity during their incarceration, and 7% claimed that they had been raped in their current facility.

Prevalence

Research has shown that juveniles incarcerated with adults are five times more likely to report being victims of sexual assault than youth in juvenile facilities, and the suicide rate of juveniles in adult jails is 7.7 times higher than that of juvenile detention centers.

In the United States, public awareness of the phenomenon of prison rape is a relatively recent development and estimates to its prevalence have varied widely for decades. In 1974 Carl Weiss and David James Friar wrote that 46 million Americans would one day be incarcerated; of that number, they claimed, 10 million would be raped. A 1992 estimate from the Federal Bureau of Prisons conjectured that between nine and 20 percent of inmates had been sexually assaulted. Studies in 1982 and 1996 both concluded that the rate was somewhere between 12 and 14 percent; the 1996 study, by Cindy Struckman-Johnson, concluded that 18 percent of assaults were carried out by prison staff. A 1986 study by Daniel Lockwood put the number at around 23 percent for maximum security prisons in New York. Christine Saum's 1994 survey of 101 inmates showed five had been sexually assaulted.

Reported prison rape cases have drastically risen in recent years, although this may be partially attributed to an increase in counseling and reports. The threat of HIV, which affects many of those raped in prison, has also resulted in the increase of reported cases for the benefit of medical assistance.

According to the study conducted by the United States Department of Justice for the year 2006, there were 2,205 allegations of inmate-on-inmate non-consensual sexual acts reported in the U.S. prison system, 262 of which were substantiated.

According to one source, female-perpetrated sexual abuse of inmates is a particularly large problem in juvenile detention centers, where 90% of victims of staff abuse say a female correctional officer was the perpetrator.

According to the Bureau of Justice Statistics, around 80,000 women and men a year get sexually abused in American correctional facilities. The National Inmate Survey presented data that consisted of 233 state and federal prisons, 358 local jails, and fifteen special correctional facilities between the time period of February 2011 and May 2012, with a sample of 92,449 inmates ages eighteen or older, and 1,738 inmates sixteen to seventeen. The statistical information highlighted that an estimated of 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff since their admission to the facility or in the past twelve months since the survey was executed. More specifically, around 29,300 prisoners reported an incident regarding another inmate, 34,100 prisoners reported an incident involving staff that worked at the facility, and 5,500 inmates reported an incident involving both. Rates reported by female inmates were higher than male inmates, and lower among inmates ages thirty-five or older than inmates ages twenty to twenty-four. White (2.9%) and mixed-race (4.0%) inmates were slightly more likely than black (1.6%) inmates to report sexual victimization by other inmates, while black men (2.6%) and mixed race men (3.9%) were slightly more likely than whites to report victimization by staff.

In addition, juvenile inmates ages sixteen to seventeen in adult prisons did not have significant higher rates of sexual victimization in comparison to adult inmates. An estimated 1.8% of juvenile inmates ages sixteen to seventeen reported being victimized by another inmate, in comparison to 2.0% of adult prisoners and 1.6% of adults in jails. Among juvenile inmates in the same age range, 3.2% juveniles reported experiencing staff sexual misconduct, in comparison to 2.4% of adults in prisons and 1.8% of adults in jails. Furthermore, inmates that reported their sexual orientation as gay, lesbian, bisexual, or other has the highest rates of sexual assault within the period of this survey (2011–12). Out of inmates who identify as non-heterosexual, 12.2% of prison inmates and 8.5% of jail inmates reported being sexually victimized by another inmate, compared to 1.2% and 2.1% for heterosexual inmates; 5.4% of non-heterosexual prison inmates and 4.3% of non-heterosexual jail inmates reported being sexually victimized by facility staff, while 1.2% and 1.7% are the corresponding numbers for heterosexual inmates.

Risk factors for victimization and perpetration

Concerning victimization by other inmates, many risk factors have been identified through research: race, size or stature, age, awkwardness, naivete, appearing to be intellectually challenged, not being affiliated with a gang, appearing to be homosexual, being disliked by peers and staff, reporting a prior history of sexual victimization, having a middle class background, lacking assertiveness, reporting concern regarding the possibility of victimization, getting other inmates in trouble, committing a hate crime, and committing a sexual crime against a child. There has been less research on risk factors for perpetration, but a few factors have nevertheless been identified: number of prior incarcerations, history of predation or violence, length of sentence, extent of criminal history, size or stature, duration of current sentence that has been served, race, age, and type of crime committed. Consequently, due to the severity of the act one of the most important repercussion is the fear that is instigated far beyond the initial trauma reaction. In Patricia Resick's article titled, "The Trauma of Rape and the Criminal Justice System", she addresses a therapy study of fear in rape victims and states, "it was not uncommon for women who were ten or twenty years postrape to seek help for continuing rape-related problems."

Sexually transmitted infections

A prevalent issue that occurs because of prison rape is the transmission of sexually transmitted infections, including HIV. According to the U.S. Department of Justice, in December 2008, a total of 21,987 inmates in both federal and state prisons were HIV positive or were confirmed to have AIDS. Prisons and jails currently hold significantly high rates of HIV compared to the general population at large. Violent forms of unprotected vaginal or anal intercourse have the highest risk of transmitting an STI. Especially for the receptive partner, outcomes of coerced sex tear the membrane of the anus or vagina and cause profuse bleeding. Despite the increasing number of prisoners with sexually transmitted infections, reliable statistics on prisoners who have received STIs due to prison rape are unavailable. Many reports of sexual abuse of either coerced vaginal or anal intercourse remain unreported.

It is important to note, "racial and ethnic discrimination, low socioeconomic status, migrant status, mental illness, and housing instability can also, independently or with each other, increase the risk of detention and HIV infection". Transgender people notoriously, "face high risks of HIV transmission and incarceration as a result of criminalization, discrimination in health settings, punitive law enforcement, and social marginalization". Women that are transgender, "are [specifically] subject to high levels of police abuse, including profiling as sex workers and sexual exploitation and physical and verbal abuse from guards and male inmates while in detention".

Mass overcrowding has become a serious issue within federal and state prisons, which greatly contributes to the prevalence of sexual abuse. The prison population has dramatically increased in the 2000s due to policies such as increasing sentencing laws and the War on Drugs. Prisoners thus become more vulnerable to HIV infections and other sexually transmitted infections because of the lack of space and resources available to them. With a larger prison population to watch over, there is less supervision and protection offered to prisoners and many become subject to abuse, including prison rape. Despite being highly recommended by public health officials, preventative materials against the transmission of STIs, including condom distribution, HIV testing, and counseling and risk assessment, are rarely accessible to prisoners.

Along with the bribe for protection, both male and female inmates sell sex for money, or additional reasons such as bribery or blackmail. According to the 2006 Bureau of Justice Statistics (BJS) study, in 30 percent of the inmate-on-inmate incidents, victims were talked into the sexual encounter. This finding shows that there is more behind the prison rape than simply one's sexuality. Male sexual victimization was more frequently perpetrated by the staff, whereas the perpetrator for female inmates was more frequently another inmate. This discrepancy in sexual assault between genders could be linked to lack of reporting by the inmates. A recent study found that "only approximately one quarter of the male inmates and one tenth of the female inmates reported their perceived victimization to a correctional officer or a prison official." The reports of victimization among women and men involved abusive sexual contact and some form of forced sex.

In U.S. women prisons, there is the common notion that sexual encounters usually occur more in hopes of "love, affection, and companionship." A study in 1966 noted that 21 percent of the females inmates had a voluntary homosexual relationship. However, the most recent research on women inmates indicates a change. The latest study found that only "five of the 35 women" interviewed were in a voluntary homosexual relationship, with most of the women now describing themselves as "loners." This change indicates that homosexual relationships among incarcerated women do not occur as frequently as in prior generations. Although the sexual assault reporting system is notoriously flawed because of inmate fear or pride, elaboration on this statement is found in a recent publication. All of the inmate surveys conducted by the Bureau of Justice Statistics confirms that LGBT inmates "report higher rates of sexual victimization than their straight counterparts." In the 2011 to 2012 Survey, the Bureau found that within the past twelve months 12.2% of non-heterosexual people in prison reported inmate-on-inmate sexual assaults and heterosexual inmates reported 1.2%. In regards to staff-on-inmate sexual assault, 5.4% of nonheterosexual inmates reported victimization, compared to 2.1% of heterosexual inmates who reported victimization. A study conducted in a California prison discovered that 67 percent of LGBTQ inmates reported sexual assault during their incarceration. Many speculate that these numbers are due to their place in the sexual hierarchy in prison, which automatically makes them targets of sexual assault.

Some prisons separate known homosexuals, bisexuals, and transgender people from the general prison population to prevent rape and violence against them. There are, however, other methods to get oneself segregated from population, such as rule infractions or feigned suicide attempts. Other inmates have resorted to killing their rapist (or probable future rapist), particularly those who already have long sentences and are thus immune from further legal consequences.

Shame regarding perceived homosexuality may contribute to the under-reporting of prison rape by victims. Prison rape statistics are much higher than reported, as many victims are afraid to report, being threatened with physical violence by rapists if reported, as well as staff indifference.

Public Law 108-79 was passed in the United States in 2003. According to Stop Prisoner Rape:

According to the research of AP, a culture of predatory personnel at the Dublin prison in California was driven by cover-ups that maintained their actions mostly hidden from the public eye for years. The former warden of the facility was found guilty of assaulting prisoners and making them pose naked in their cells. He was one of numerous personnel accused of abusing prisoners sexually. Also found guilty was its chaplain.

Reporting prison rape

"Sexual assault is [already] an underreported crime," and prison rape only increases the likelihood for individuals to not "report their assaults to law enforcement personnel." A "Crime Victimization Survey [concluded] that only 20–35% of female sexual assault victims" openly discuss and report their assault to police enforcement. Sexual assault victims deal with severe shame and fear, which plays a significant role in their decision to report the crime. Women and minorities have especially difficult circumstances when it comes to dealing with reporting sexual assault to law enforcement. "Certain communities and settings" make it more difficult to report assault; for instance college campuses are notorious for not handling rape claims appropriately.

The Prison Rape Elimination Act (PREA) was passed in 2003, but unfortunately the guidelines and standards that made up the act were not executed nationally until 2014. A study conducted by five reputable scholars analyzed "what factors" are important to the decision making process of women behind reporting sexual assault in prison "in an effort to inform or enhance the implementation of PREA." The study was made up of 179 incarcerated women who experienced "almost 400 incidents of staff sexual misconduct." The study was focused on women because there is a higher volume of women sexually assaulted in prisons, making the majority of the reporting cases studied female.

This study shines a light on the reality of inmates' views on rape. Garland and Wilson conclude that there is "a need to address inmate socialization immediately upon inmate arrival, as the likelihood of accepting the reporting of rape as snitching increases the most during the earlier months of incarceration." The study reassures that an inmate's decision on whether or not to report sexual assault depends again on a multitude of factors.

The overall goal of the study was to determine "whether RMA is a true barrier for incarcerated women" in terms of reporting behaviors. The results of the study showed that women who accepted rape myths were "98.1 times less likely" to report their sexual assault to the police. It is highlighted that "rape victims' mental health" is directly affected by whether or not they decided to report their sexual assault. It is disclosed that individuals that report their assault early on "can result in higher self-esteem and fewer post traumatic stress disorder (PTSD) symptoms." Since RMA is negatively correlated with a victim's reporting behavior, it can be said, "RMA is a barrier to psychological recovery and healing."

There are many issues caused by rape in prison, including the fact that it "undermines the authority structure in prison settings". Some victims "find that sexual predators control their lives more so than... the institutional authority". The high prevalence of rape in correctional facilities "produces a perception in the general public that prisons are chaotic, not secure; jails and prisons should be places where crimes are paid for, not committed". Additionally, "a rampant prison rape culture increases levels of violence in and out of prisons". Prison rape has "long been recognized as a contributing factor in fights, homicides, insurrections, and other forms of institutional violence". Prison rape also creates a public health problem. Following traumatic events, "victims require physical and mental health treatment both while in prison and after they have been released". It also "furthers the spread of communicable diseases, such as HIV, AIDS, tuberculosis, and hepatitis B and C, both in and out of prison". The "physical and psychological problems resulting from prison rape also make it difficult for former inmates to keep steady jobs or to assimilate back into the normal routines of life".

One expert voiced that "a high prevalence of prison rape results in higher recidivism, more homelessness, or at best individuals requiring some form of government assistance." American society "fails to see prison rape for the tragedy that it is, a tragedy affecting not only prisons and prisoners, but also society at large". Michael Horowitz, senior fellow at the Hudson Institute, is credited by many "as being the creative force behind the prison rape legislation": PREA. He "was influential in initiating the idea, developing the legislative language, and coordinating a groundswell of support for the bill from a diverse coalition of public interest, religious, and policy groups". The "diverse coalition included Amnesty International, Concerned Women of America, Focus on the Family, Human Rights Watch, Justice Policy Institute, NAACP, National Association of Evangelicals, Open Society Policy Center, National Council of La Raza, Prison Fellowship, Stop Prisoner Rape, and many other organizations". The legislation was created in an attempt "to change the attitudes and perceptions of government officials and people in the corrections field toward prison rape by making the prevention, investigation, and prosecution of prison rape a top priority throughout the nation's correctional facilities", while providing the foundation "for the gathering of solid data on the extent of the prison rape problem" and helping "corrections officials to make informed decisions as they attempt to eliminate it".

Many human rights groups, such as Human Rights Watch and Stop Prisoner Rape, have cited documented incidents showing that prison staff tolerate rape as a means of controlling the prison population in general. Jokes such as "don't drop the soap" seem to suggest that prison rape is an expected consequence of being sent to prison. This phenomenon is exemplified by the 2006 U.S. feature film Let's Go to Prison or the board game Don't Drop the Soap marketed by John Sebelius, the son of Kathleen Sebelius. Songs have also been composed about the topic, e.g. the song "Prisoner of Love" by radio personalities Bob and Tom, performing as "Slam and Dave". The prevalence of this controversial humor is so widespread that it even appears in children's media such as SpongeBob and Shrek.

U.S. Federal law, under the Prison Rape Elimination Act of 2003, calls for the compilation of national prison rape statistics, annual hearings by a review panel, and the provision of grants to the states to address prison rape. A first, highly-controversial and disputed study, funded under the PREA by Mark Fleisher, concludes prison rape is rare: "Prison rape worldview doesn't interpret sexual pressure as coercion," he wrote. "Rather, sexual pressure ushers, guides or shepherds the process of sexual awakening."

In 2007, the US Supreme Court refused to hear the case of Khalid el-Masri, who had accused the CIA of torture, including "forced anal penetration", due to state secrets privilege.

In 2012, the US Justice department issued nationally enforceable protocols to all correctional institutions to expand upon the provisions of the 2003 PREA ACT. The move is an effort to prevent, detect and respond to prison rape more effectively. The measure includes numerous provisions, such as barring juveniles from being housed with adult inmates, a ban on cross-gender pat-down searches, video monitoring and special attention to lesbian, gay, transgender or bisexual inmates vulnerable to abuse. Attorney General Eric Holder noted that "these standards are the result of a thoughtful and deliberative processand represent a critical step forward in protecting the rights and safety of all Americans."

Prison Rape Elimination Act of 2003

The Prison Rape Elimination Act of 2003 (PREA) was a federal law that was administered to ensure protection for the inmates in the epidemic of prison rape. Many actors were included in this process of making up the act. The goal of the act was to "provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendation and funding to protect individuals from prison rape." Some of the highlights from the prison elimination act was "requires development of standards for detection, prevention, reduction, and punishment of prison rape. Awards grants to help State and local governments implement the Act's provision. The act applies to all public and private institutions that house adult or juvenile offenders and to community-based correctional agencies." Although all these rules were put in place to combat prison rape, it ultimately did not decrease sexual assault in prison. The act did not take into consideration the overcrowding in prisons or if instruction was enforced on correctional officers to enforce these rules. Another problem that appeared is that act was a national act, which allowed states to make the decision, to follow or not to follow the act. The delegation of funds to treat inmates was tricky due to having a lack of funds to achieve the goals they planned or promised.

References

Sources

"No Escape: Male Rape in U.S. Prisons", Human Rights Watch, accessed 20 August 2006.
"The Basics on Rape Behind Bars", Stop Prisoner Rape, Inc. , accessed 20 August 2006.
Joanne Mariner, "Preventing Prison Rape", FindLaw.com, June 24, 2002.
Martin Forst et al., Youth in Prisons and Training Schools: Perceptions and Consequences of the Treatment-Custody Dichotomy, 2 Juv. & Fam. Ct. J. 9 (1989).

External links

LA Times coverage