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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: MovementConservative
Hi MovementConservative-

"...Sorry, bub. If I ended up in the slammer and was targetted for rape, they would first have to kill me. I'd fight with every inch of life left before I'd allow that. I'd rather die a man than survive as someone's woman..."


Sometimes fights don't go as planned when the victim is outnumbered 15-to-1 and the people who started the fight don't necessarily wish for you to die. BTW, the women of this forum sincerely appreciate your insightful commentary.

~ Blue Jays ~

181 posted on 02/12/2007 12:25:43 PM PST by Blue Jays (Rock Hard, Ride Free)
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To: Reeses
The old Soviet Union used to love to sentence the political prisoners and then throw em in with the common thugs to get their brains raped out of them. Savagery and thuggery are not a part of the sentencing process.
182 posted on 02/12/2007 12:27:09 PM PST by DreamsofPolycarp
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To: P-40
Fortunately it is a state matter, and not a religious one.

And as a state matter, you don't think the state ought be concerned about rampant illegal behavior?

183 posted on 02/12/2007 12:27:24 PM PST by Publius Valerius
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To: zook

Administering justice is not part of their job description. That they do it is improper although if someone went out of their way to hurt me or spit on me then hey, you get what you deserve in that case.


184 posted on 02/12/2007 12:27:25 PM PST by misterrob (Jack Bauer/Chuck Norris 2008)
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To: B-Chan

Don't break the law.

This guy was a thrice-convicted drunk driver. If you make the decision to break the law, you risk going to prison... with all its inherent dangers.


185 posted on 02/12/2007 12:27:35 PM PST by snowrip (Liberal? YOU HAVE NO RATIONAL ARGUMENT. Actually, you lack even a legitimate excuse.)
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To: Mr. Mojo

Hard labor is a PRIVILEGE in Sheriff Joe's jail.


186 posted on 02/12/2007 12:29:18 PM PST by ichabod1 ("Liberals read Karl Marx. Conservatives UNDERSTAND Karl Marx." Ronald Reagan)
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To: isthisnickcool

"If I'm wrong and it's very easy for 100% innocent people to be sent to prison please prove that. If a large number of people in prison are innocent then something needs to be done about that. So please, show me how I'm wrong."

Get your terms right, first of all.

"Prison" is for 1 year and a day. "Jail" is typically for 1 year or less.

Jails are where most rapes occur.

Second, the only "100% innocent" person I have ever heard of is the Christian Messiah, and I believe history records that he had a rather unfortunate experience with the criminal justice system.

For the rest of us, yes, it typically takes some infraction of some kind --- unpaid parking ticket or somesuch --- that creates a warrant and puts you in jail.

And yes, it is typically the nice fat staight-laced accoutant who squeals like a pig in jail for the partking ticket who is too often the victim of rape by real criminals.

Is homosexual sodomy the appropriate punishment for having a ticket check lost in the mail? In your world, I guess so.


187 posted on 02/12/2007 12:29:20 PM PST by MeanWestTexan (Kol Hakavod Lezahal)
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To: mpackard

noting that even Bush got hit with a DUI once.

driving 3 times after taking antihystemines COULD get you 3 DUI's btw ... that's hardly premeditated anything.


188 posted on 02/12/2007 12:29:27 PM PST by kawaii (Orthodox Christianity -- Proclaiming the Truth Since 33 A.D.)
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To: P-40; B-Chan

The problem is that if nothing is done to reform prisons to make them less safer, the liberals are going to demand that non-violent criminals not be incarcerated and they will get a lot of public support on the matter.

All of the research indicates that prison violence makes all prisoners (even the ones in there for non-violent crimes) more prone to violence after they are released.


189 posted on 02/12/2007 12:29:28 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: isthisnickcool
I think 75% --- of U.S. males will have been in jail at least once in their lives.

>>>>>>>Prove that.

Prove that he thinks it?

190 posted on 02/12/2007 12:29:55 PM PST by DreamsofPolycarp
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To: B-Chan

Certainly no one wants prison rape or any other assault to occur, but you lost a loved one to one of these victims, it is hard to work up sympathy for them.


191 posted on 02/12/2007 12:30:13 PM PST by LWalk18
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To: B-Chan

Certainly no one wants prison rape or any other assault to occur, but you lost a loved one to one of these victims, it is hard to work up sympathy for them.


192 posted on 02/12/2007 12:30:23 PM PST by LWalk18
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To: pissant
Well, if the inmates kill a child molester, then I'm more than fine with that.

Jeff Dahlmer was beaten to death by an inmate on "custodial duty" who had removed a weight bar from an exercise room. The whole thing happened while guards were having a smoke break. I believe the killer was already serving life for murder (Wisconsin has no death penalty, yet!) so it seems that even murderers have their standards.

Since Dahlmer had a life expectancy of maybe fifty more years and the cost of incarcerating a maximum security prisoner is about $35,000 a year, our janitor saved the Wisconsin taxpayer $1 3/4 million. I think we should chip in and buy him a carton of smokes or something.

Regards,
GtG

PS Child molesters are defiantly at the bottom of the prison food chain.

193 posted on 02/12/2007 12:30:58 PM PST by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: kinoxi

"He was sentenced for a DUI. That generally means minimum security."

Not true at all, it was his 3rd and in many states that is a Felony conviction that carries a year, or longer, in Prison. Not County Jail, Prison. With murders, rapists, sexual predators and the worst dregs of our society.


194 posted on 02/12/2007 12:30:58 PM PST by CSM (We're not losing our country, some are just throwing it away. - Sherri-D)
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To: John Williams

10 hours a day of hard labor would probably take some of the fight out of those rapists. Prosecuting them for crimes in the pen might be a good idea too.


195 posted on 02/12/2007 12:31:07 PM PST by JTHomes
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To: B-Chan

Note to self: Don't get 3 DUIs

Current Score:
DUI's 0


196 posted on 02/12/2007 12:31:22 PM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: spunkets
No it wasn't a dumb thing to say. He gave an example of what happens. Note the words "very easy", refers to process, not quantity. Next time, don't be so stupid.

So? Most people in prison are not innocent. Judging by the statistics from the The Innocence Project you are correct. I think that those found innocent are owed some major bucks for their time in prison.

197 posted on 02/12/2007 12:31:40 PM PST by isthisnickcool (I own your children! ---RICK PERRY)
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To: B-Chan

I bet this is why Richard Hatch failed to pay his taxes so he could enjoy this type of prison life.


198 posted on 02/12/2007 12:32:49 PM PST by hodaka
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To: Gandalf_The_Gray

I'll send the guy a carton.


199 posted on 02/12/2007 12:33:38 PM PST by pissant
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To: CSM

In your neck of the woods it means one thing. The meaning is lost in translation from here.


200 posted on 02/12/2007 12:33:39 PM PST by kinoxi
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