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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: Frapster
It's funny that you want to continue making the discussion about him.

My comment was about him and what happened to him, not about the larger subject at hand.
361 posted on 02/12/2007 2:53:11 PM PST by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: P-40
Believe me, I know what it's like to be the only one who understands anything that's been said. I guess we're just two P-s in a pod. : )

I am not against the death penalty but I think it is completely wrong for any law to be based on revenge. Regardless of whether some have come to be based on it.

362 posted on 02/12/2007 2:57:46 PM PST by TigersEye (Ego chatters endlessly on. Mind speaks in great silence.)
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To: BlueNgold

.....and their choice of Orange Glazed Chicken or CourdonBleu.


363 posted on 02/12/2007 2:58:45 PM PST by HOTTIEBOY (Campers laugh at clowns behind closed doors.)
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To: P-40
Join MADD and lobby for rape to be an explicit part of the punishment. Got any other offenses you think are worthy of state accepted rape and HIV transmission? If this type of behavior can be tolerated, accepted, and used for intimidation - really what limits would you put on the state? I guess equal protection, due process and other complex thoughts are now only the concern of libs and ACLU types. I have no problem with the state taking life for just cause in an orderly and fair way, but this does not rate as either. If you want DUI offenders raped, infected with HIV, killed, maimed, or dipped in chocolate - make it law but backhanded punishment like this is neither fair nor a conservative principle.
364 posted on 02/12/2007 3:08:49 PM PST by sick1 (Don't fear the freeper)
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To: Plains Drifter
"I sure hope they find Mike Nifong guilty."

He will become a jailhouse lawyer, helping cons prepare their appeals. Anybody touches Nifong, that man and every member of his family will die. Nifong would love it in prison. Other inmates would cook for him, do his laundry, shine his shoes and kiss his lily-white butt.

Besides, the whole country knows Nifong is a rotten-to-the-core SOB. That alone boosts his behind-bars popularity to stratospheric heights.

365 posted on 02/12/2007 3:10:30 PM PST by Bonaparte
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To: zook
This is why we need you to post more often to more threads.

You're sweet, but reviewing your posts on this one I'm glad you showed up.

= )

366 posted on 02/12/2007 3:18:45 PM PST by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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To: P-40
"I ran out of sympathy about right there..."

Honestly, most of my sympathy is reserved for people like Jacqueline Saburido, not for repeat-offending drunk drivers who put innocent families at risk on the road. How can a man who has no respect for innocent life expect others to have respect for his "quality of life"?

367 posted on 02/12/2007 3:18:57 PM PST by Bonaparte
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To: TigersEye
I was just thinking yesterday that I hadn't seen a post of yours in a while.

*waves*

368 posted on 02/12/2007 3:20:40 PM PST by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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To: AliVeritas

We have a lot of ex-cons working for us. My impression from talking with them over the years is that if you're a white boy you'd better "Klan up" ASAP or you're meat. Apparently it's race war in there.


369 posted on 02/12/2007 3:25:44 PM PST by B-Chan (Catholic. Monarchist. Texan. Any questions?)
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To: ichabod1

Nuff Said


370 posted on 02/12/2007 3:27:22 PM PST by silentreignofheroes (When the Last Two Prophets are taken there will be no Tommorrow!)
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To: Owl_Eagle
But locking two potentially violent lawbreakers in the same room, or having them mix in a large common area, unsupervised, is just a stupid idea.

I'd never really given it much thought before, but obviously you're right on here.

Whatever the penalty is for whatever crime committed, even the death penalty, rape ain't part of it.

I completely agree, even for the most heinous criminal, like an Alejandro Avila or a Joseph Duncan. Just expedite 'em to the next world.

371 posted on 02/12/2007 3:27:54 PM PST by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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To: Mr. Jeeves
Teenage keyboard jockeys spouting false bravado and a few well-intentioned 75-year-old ex-Marines who don't understand how the legal system has changed since their day.

And some DU trolls, of course, throwing gasoline on the fire. ;)

Sure, but whoever and whyever, I wish their posts would get pulled. There are too many comments on too many threads these days that are simply unacceptable.

372 posted on 02/12/2007 3:30:35 PM PST by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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To: ClearCase_guy
Zimbabwe: no home, no work, no justice

During May-July 2005, an estimated 700,000 people lost their homes, their livelihoods, or both when the Zimbabwe government forcibly evicted them and demolished their homes and businesses as part of Operation Murambatsvina (Drive Out Rubbish).

The forced evictions and demolitions were carried out without adequate notice, due process, legal protection, redress or appropriate relocation measures. In some instances court orders were disregarded. In addition, police used excessive force: property was destroyed and people were beaten.

The vast majority of the victims have received no help from the government. They have been left to find their own alternative shelter in the middle of winter. Many are now living in overcrowded and often squalid conditions and thousands of the victims are still living in the open under makeshift shelters.

http://web.amnesty.org/pages/zwe-080906-action-eng

Amnesty International's description of Zimbabwe.

373 posted on 02/12/2007 3:53:38 PM PST by secretagent
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To: ClearCase_guy

I hear what you're saying about the disproportionate response of organizations like Amnesty International; in fact, I've made that point myself on other threads.

I do think that men who forcibly sodomize other men in the US prison system should be shot. You wouldn't have to shoot more'n one or two, I suspect. The rest would get the message.


374 posted on 02/12/2007 4:10:36 PM PST by Mrs. Don-o (Justice and judgment are the foundation of His throne.)
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To: Constitutional Patriot
"Prisoners who rape should be castrated, as should corrections personnel who actively or passively condone rape.

That would surely "fix" this problem."

I happen to agree with your proposed solution, 100%. To some.....extreme. I don't care. Extreme behavior calls for extreme punishment/behavior modification.

375 posted on 02/12/2007 4:24:45 PM PST by RightOnline
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To: sick1
Got any other offenses you think are worthy of state accepted rape and HIV transmission?

Did anyone name any that were?
376 posted on 02/12/2007 5:04:37 PM PST by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: TigersEye
I think it is completely wrong for any law to be based on revenge.

The people I know that are against the death penalty oppose it for just that reason. The DP is not a great deterrent as so much time passes between the crime and the final punishment...unless you are Timothy McVeigh that is. :) It certainly doesn't rehabilitate the prisoner...although they do tend to not re-offend...for obvious reasons. The DP does comes down to pretty much just plain old revenge. I don't like the death penalty...but there are times when I just look the other way and am comfortable with that. Being in Texas, I had better be!
377 posted on 02/12/2007 5:11:16 PM PST by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: Recovering Ex-hippie
I gave a solution. Do you have one?
378 posted on 02/12/2007 5:20:49 PM PST by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter)
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To: B-Chan

This is a bit overwrought, don't you think?


379 posted on 02/12/2007 5:22:13 PM PST by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: roofgoat
The "Duke boys" shouldn't have been partaking in decadent behavior. Had they been doing their homework instead of lusting after whores they would have never been in the situation they are currently in.

Besides... none of them are going to prison. Nifong is the only one in that case that needs to be some guy's b****.

JMHO

380 posted on 02/12/2007 5:26:46 PM PST by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter)
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