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No Escape: Male Rape In U.S. Prisons
Human Rights Watch ^ | 2007.02.12 | Joanne Mariner

Posted on 02/12/2007 11:22:29 AM PST by B-Chan

"I've been sentenced for a D.U.I. offense. My 3rd one. When I first came to prison, I had no idea what to expect. Certainly none of this. I'm a tall white male, who unfortunately has a small amount of feminine characteristics. And very shy. These characteristics have got me raped so many times I have no more feelings physically. I have been raped by up to 5 black men and two white men at a time. I've had knifes at my head and throat. I had fought and been beat so hard that I didn't ever think I'd see straight again. One time when I refused to enter a cell, I was brutally attacked by staff and taken to segragation though I had only wanted to prevent the same and worse by not locking up with my cell mate. There is no supervision after lockdown. I was given a conduct report. I explained to the hearing officer what the issue was. He told me that off the record, He suggests I find a man I would/could willingly have sex with to prevent these things from happening. I've requested protective custody only to be denied. It is not available here. He also said there was no where to run to, and it would be best for me to accept things . . . . I probably have AIDS now. I have great difficulty raising food to my mouth from shaking after nightmares or thinking to hard on all this . . . . I've laid down without physical fight to be sodomized. To prevent so much damage in struggles, ripping and tearing. Though in not fighting, it caused my heart and spirit to be raped as well. Something I don't know if I'll ever forgive myself for."

***

The letter excerpted above was one of the first to reach Human Rights Watch in response to a small announcement posted in Prison Legal News and Prison Life Magazine, two publications with a wide audience in U.S. prisons. Having been alerted to the problem of prisoner-on-prisoner rape in the United States by the work of activists like Stephen Donaldson of the organization Stop Prisoner Rape, we had decided to conduct exploratory research into the topic and had put a call out to prisoners for information. The resulting deluge of letters--many of which included compelling firsthand descriptions such as this--convinced us that the issue merited urgent attention. Rape, by prisoners' accounts, was no aberrational occurrence; instead it was a deeply-rooted, systemic problem. It was also a problem that prison authorities were doing little to address.

The present report--the product of three years of research and well over a thousand inmate letters--describes the complex dynamics of male prisoner-on-prisoner sexual abuse in the United States. The report is an effort to explain why and how such abuse occurs, who commits it and who falls victim to it, what are its effects, both physical and psychological, how are prison authorities coping with it and, most importantly, what reforms can be instituted to better prevent it from occurring.

***

The Scope of this Report

This report is limited in scope to male prisoner-on-prisoner sexual abuse in the United States. It does not cover women prisoners, nor does it cover the sexual abuse of male prisoners by their jailers. Human Rights Watch investigated the problem of custodial sexual misconduct in U.S. women's prisons in two previous reports and the issue has been a continuing focus of our U.S. advocacy efforts. As to custodial sexual misconduct against male prisoners, we decided not to include that topic within the scope of this report even though some prisoners who claimed to have been subject to such abuse did contact us. An initial review of the topic convinced us that it involved myriad issues that were distinct from the topic at hand, which is complicated enough in itself.

Even though the notices that Human Rights Watch circulated to announce our research on prisoner-on-prisoner sexual abuse were written in gender-neutral language, we received no information from women prisoners regarding the problem. As prison experts are well aware, penal facilities for men and women tend to differ in important respects. If the problem of prisoner-on-prisoner sexual abuse exists in women's institutions--a possibility we do not exclude--it is likely to take somewhat different forms than in men's prisons.

For several reasons, the primary focus of this report is on sexual abuse in prisons, rather than jails. Most importantly, all of our information save a handful of letters came from prison as opposed to jail inmates. Many of these prisoners did, however, describe sexual abuses they had suffered when previously held in jails, allowing us to gather some information on the topic. Nonetheless, the bulk of our prisoner testimonies and documentation--and all of the information we collected from state authorities--pertain specifically to prisons. Already, with fifty separate state prison jurisdictions in the United States, the task of collecting official information was difficult; obtaining such information from the many thousands of local authorities responsible for city and county jails would have been infinitely more so. Yet we should emphasize that our lack of specific research on jails should be not interpreted as suggesting that the problem does not occur there. Although little research has been done on sexual assault in jails, the few commentators who have examined the topic have found the abuse to be similarly or even more prevalent there.

It is evident to Human Rights Watch, even without having completed exhaustive research into the jail context, that the problems we describe with regard to prisons generally hold true for jails as well. This conclusion derives from the fact that most of the risk factors leading to rape exist in prisons and jails alike. We therefore believe that our recommendations for reform are largely applicable in the jail context, and we urge jail authorities to pay increased attention to the issue of prisoner-on-prisoner sexual abuse.

While this report does not deal specifically with juvenile institutions, we note that previous research, while extremely scanty, suggests that inmate-on-inmate sexual abuse may be even more common in juvenile institutions than it is in facilities for adults. Indeed, a case filed recently by the U.S. Justice Department in federal court to challenge conditions in a Louisiana juvenile institution includes serious allegations of inmate-on-inmate rape.

Finally, our choice of U.S. prisons as the subject of this research, over prisons elsewhere in the world, in no way indicates that we believe the problem to be unique to the United States. On the contrary, our international prison research convinces us that prisoner-on-prisoner rape is of serious concern around the world. We note that several publications on human rights or prison conditions in other countries have touched on or explored the topic, as have past Human Rights Watch prison reports.(8) Interestingly, researchers outside of the United States have reached many of the same conclusions as researchers here, suggesting that specific cultural variables are not determinative with regard to rape in prison.(9)

***

Methodology

The report is primarily based on information collected from over 200 prisoners spread among thirty-seven states. The majority of these inmates have been raped or otherwise sexually abused while in prison, and were therefore able to give firsthand accounts of the problem. Numerous inmates who were not subject to sexual abuse also provided their views on the topic, including information about sexual assaults that they had witnessed. A very small number of inmates who had themselves participated in rape also contributed their perspectives. Much of the information was received via written correspondence, although Human Rights Watch representatives spoke by telephone with a number of prisoners, and personally interviewed twenty-six of them. Prisoner testimonies were supplemented by documentary materials such as written grievances, court papers, letters, and medical records.

Prisoners were contacted using several different methods. Human Rights Watch posted announcements in a number of publications and leaflets that reach prisoners--including Prison Legal News, Prison Life Magazine (which has since ceased publication), and Florida Prison Legal Perspectives--informing them that we were conducting research on the topic of prisoner-on-prisoner sexual abuse and that we welcomed their information. Several organizations that work with prisoners, including Stop Prisoner Rape, put us in contact with additional inmates.

The prisoners who collaborated in our efforts were thus a largely self-selected group, not a random sampling. Previous researchers have conducted quantitative studies using statistically valid techniques in certain U.S. prisons -- most recently, in 1998 in seven midwestern state prison systems -- but, given that there are some two million prisoners in the United States, this would be difficult to achieve on a national scale. The research on which the present report was based was thus qualitative in nature: it sought to identify systemic weaknesses rather than to quantify actual cases of abuse. The result, we believe, sketches the outlines of a national problem, bridging the gap between academic research on the topic and the more anecdotal writings that occasionally appear in the popular press.

The prisoners with whom Human Rights Watch was in contact, we should emphasize, did not simply serve as a source of case material. Rather, their comments and insights--based on firsthand knowledge and close observation--inform every page of the report.

Besides prisoners, we also obtained valuable information from prison officials, prison experts, lawyers who represent prisoners, prisoners rights organizations, and prisoners' relatives. Written materials including academic studies, books, and articles from the popular press supplemented these sources. In addition, Human Rights Watch conducted an extensive review of the case law relevant to prison rape in the United States.


TOPICS: Crime/Corruption; Culture/Society; Government; Miscellaneous
KEYWORDS: absolutes; crime; freepugnant; prisonjustice; race; rape; sexualassault; society; vigilantism; violence
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To: EndWelfareToday

The problem with your point is that getting thrown in prison doesn't necessarily correlate with doing a crime. Christians are imprisoned in many countries for no crime or a faked one. Remember what Jesus said about those in prison.


321 posted on 02/12/2007 2:12:54 PM PST by Paved Paradise
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To: Constitutional Patriot

You are joking, right? Everyone knows that a rapist will use other tools if he is castrated, and I've heard of the use of bottles, sticks, butter knives, and so on. Just makes me cringe.


322 posted on 02/12/2007 2:14:19 PM PST by Paved Paradise
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To: B-Chan
HRW is wrong about a lot of things, but this isn't one of them.

I agree. Going to prison for a relatively minor offense should not be a death sentence nor a guarantee of unspeakable torture at the hands of thugs. Prison guards should be held accountable for this kind of thing if it happens under their supervision.

323 posted on 02/12/2007 2:14:38 PM PST by Spiff (Rudy Giuliani Quote (NY Post, 1996) "Most of Clinton's policies are very similar to most of mine.")
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To: Blue Jays
BTW, the women of this forum sincerely appreciate your insightful commentary.

Whether you like it or not, society needs it's testosterone filled warrior class. They allow women like you to make comments on this forum in pretty blue colors.

324 posted on 02/12/2007 2:14:41 PM PST by MovementConservative (The US will win in Iraq. Thank you all US troops.)
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To: AnotherUnixGeek

Your last sentence was right on.


325 posted on 02/12/2007 2:15:09 PM PST by Paved Paradise
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To: TigersEye
Why else would you have posted it when you did?

It was posted in response to a statement about why we jail people. People most always assume that the goal is plain old punishment...when it is not that simple. Death penalty conversations tend to mention crime prevention...and the death penalty has nothing to do with that.

What you choose to believe about crime and punishment is your own business...but that does not change what is the case.
326 posted on 02/12/2007 2:15:29 PM PST by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: B-Chan
If the new Democratic majority in Congress wants to investigate something worthwhile, I suggest prison rape instead of reparations, impeachment, or repeal of man/min sentences.
327 posted on 02/12/2007 2:16:32 PM PST by quadrant
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To: isthisnickcool

Those tempted to gloat would be well advised to remember that it is very easy to end up in slam in the United States, even if you're 100% innocent.



The part in bold may be one of the dumber things I've ever seen posted here.



No, it isn't. I suggest you read "The Myth of Male Power" by Warren Farrell. You will discover that if a woman (or girl) accuses you of rape, you must essentially prove your innocence or you could be put away. Evidence is optional.

The way prisons let male rape go unchecked is beyond disgusting. What kind of idiots run our prisons?


328 posted on 02/12/2007 2:17:39 PM PST by RussP
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To: isthisnickcool
"Out of the several 100 million people in the United States a very small percentage have ever been in jail. Should I assume from b-chan's post that most of you folks have been in jail? I don't think so."

A larger percentage than you realize, obviously. No I haven't been in jail, but I know several who have. Some deservedly so, others mistakenly. It is pretty easy to end up in jail in the US. Heck, just look at all the celebrities who have spent time in jail. Usually when people are arrested it is because they deserve it, but sometimes all it takes is being in the wrong place at the wrong time.

Even if it was as rare as you state however, if it was you, or your sister, or mother, would you still say rape was acceptable punishment for having the misfortune to be arrested and incarcerated?
329 posted on 02/12/2007 2:19:23 PM PST by monday
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To: P-40

I'm wondering what you're trying to defend or argue here, P-40? Is this article strictly about this individual or is this article about a larger issue? Seems that this article is about a larger issue of which this guy is but a launching point on the discussion. So understanding that the guy doesn't get your sympathy - are we correct in understanding that you feel that prison rape is a non-issue and a by-product of people who really deserve no consideration?


330 posted on 02/12/2007 2:20:18 PM PST by Frapster (Don't mind me - I'm distracted by the pretty lights.)
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To: Riverman94610

None the less, even tough guy Liddy realizes that just because someone is incarcerated and rightfully (or wrongfully) had certain freedoms taken away doesn't mean that it's right for them to expect to take a root up the old poop shoot.

It is not "poetic justice" or karma or anything of the sort.

If anyone disagrees with that then the next time they are pulled over for speeding then instead of handing over your Dirvers license and proof of insurance, just jump out of the car and drop your trousers and bend over the trunk. Holler out... "I know I got it coming and since I hate crime and criminals I am actually glad you are fixing to purge this out of me. Come on officer, give it to me good."


331 posted on 02/12/2007 2:20:43 PM PST by GulfBreeze (I Like Duncan Hunter for the GOP Presidential Nomination in 2008)
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To: DieHard the Hunter
I've been in 5 on one fights before so I know what I'm talking about. First, the five tend to get in each others way. Second, as soon as one of them starts losing, the whole pack of cowards tend to split. Yeah, you take some serious lumps and don't come out looking so pretty, but you can survive those.
I don't think I'm Jackie Chan, just gritty and savage enough to fight off a pack of assailants.
332 posted on 02/12/2007 2:23:23 PM PST by MovementConservative (The US will win in Iraq. Thank you all US troops.)
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To: Frapster
are we correct in understanding that you feel that prison rape is a non-issue and a by-product of people who really deserve no consideration?

My initial comment was regarding the individual in question and was completely divorced from the larger issue of prison rape.
333 posted on 02/12/2007 2:24:05 PM PST by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: P-40; ColdSteelTalon
It was posted in response to this...

ColdSteelTalon: The purpose of prison is not to provide fresh meat for rapists.

P-40: I forget the "Five R's" of prison theory...but it is something like Revenge, Retribution, Resocialization, Rehabilitation, and one other....that let's just call Relocation. We have not paid much attention to those divisions in quite some time though.

The context and intent here are obvious.

334 posted on 02/12/2007 2:24:52 PM PST by TigersEye (Ego chatters endlessly on. Mind speaks in great silence.)
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To: B-Chan

That's not all...

This makes an Islamic group look real good when you're inside... for protection.

I wonder how many conversions may have this as a root cause.


335 posted on 02/12/2007 2:26:01 PM PST by AliVeritas (Stop Global Dhimming. Demand testicular fortitude from the hill. Call the crusade.)
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To: P-40
"I am not surprised that some would think rape was an appropriate punishment for DWI."

"Who said it was?"

You. I quote from your post #8.

Article: "I've been sentenced for a D.U.I. offense. My 3rd one.

You said: "I ran out of sympathy about right there...
336 posted on 02/12/2007 2:26:36 PM PST by monday
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To: Fierce Allegiance; B-Chan
I will second that. A good friend of mine just finished a divorce and his ex lied through her miserable teeth about him assaulting her. Made it up. But, the cops came and he was charged with a felony. Lucky for him the case fell apart and he did not have to do jail time.

But, as B-chan suggests, it can happen to the innocent.

337 posted on 02/12/2007 2:26:52 PM PST by Pharmboy ([She turned me into a] Newt! in '08)
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To: P-40

So how do you feel about prison rape? You obviously feel strongly enough to say something about this guy - does it rank above your sentiments about him or below?


338 posted on 02/12/2007 2:27:30 PM PST by Frapster (Don't mind me - I'm distracted by the pretty lights.)
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To: HOTTIEBOY
Prisons are intended to safeguard society from PUNISH convicted criminals.

The punishment decreed by the US consists of confining them to the prison and removing some of their personal liberties. It doesn't include rape or beatings by other inmates.
339 posted on 02/12/2007 2:28:22 PM PST by AnotherUnixGeek
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To: TigersEye
The purpose of prison is not to provide fresh meat for rapists.

And in response to that post I posted what some of the legal theory is behind putting someone in prison. As to what sort of intent you gather from that....I have no idea.
340 posted on 02/12/2007 2:30:14 PM PST by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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