No Escape: Male Rape In U.S. Prisons

"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.

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)

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.

Tey saying that to the three innocent defendants in the Duke Rape Case.

Oh Please.... How many years have the Duke Lacrosse players spent in prison?

Try to stay on topic guys. Someone goes to jail then they are supposed to suffer. That's what jail is supposed to be. I'm tired of mambly pambly crybabies sniveling about being in prison and all the bleeding heart liberals that care more for inmates than their victims. Grant it... there are the occasional Nifongs and other corrupt prosecutors that get into office and in such cases they should be given the sentences to run consecutively for all the innocent victims of their zeal but don't for a second think that the country clubs we now call "Prisons" need to be made more human. Prison is a place people should not wish to end up in. If you don't want to end up in prison as a falsely accused and convicted inmate then I suggest you elect a president with b***s enough to nominate judges that will uphold the Constitution instead of these twerps we've been electing that nominate the likes of Sooter and O'Connor.

I don't feel sorry for the convicted. If they have gone through the judicial system and their local system has let them down then they have only themselves to blame. Had they been more active and fought to keep the corrupt democrat/liberal judges off the bench then they wouldn't have spent one day in jail for something they didn't do. For the most part, as it is now, people have only themselves to blame.

But then this is only my opinion.

Solution? Don't violate the law. Don't get thrown in prison.

Like the Duke lacrosse players?

I believe it was Ayn Rand that said (I'm paraphrasing) "Government can't control free men, therefore a government will make it nearly impossible to not break a law as a means of control."

You and I are just one pissed off ex-girlfriend or (soon to be ex) wife having an affair and scheming with her divorce lawyer, from spending time in Jail.

This type of garbage going on in prison is disgraceful for a so called civilized society. Who's really in charge in these prisons?

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.

Well said, and I agree!

The next time it could be you that is on the wrong side of those bars.

...doubt it, but if I did then I'm with these fellers.....

look like my cousins and uncles....I think it's best to try to stay out of prison however..... especially if you're white, not in a gang and not a thumper...

So, with that we are to take it that you think he deserved what he got when he got raped, repeatedly.

I just can't imagine any true conservative believing in a sentence for a crime that says: "we hereby sentence you to 15 years of nightly rape orgies with you as the victim". Because that is what your knowledge combined with your lack of "sympathy" says. Only its not lack of sympathy, its lack of basic, instinctual human compassion.

.....what if he had killed your son just back from Iraq....or your daughter driving home from work , or your grand kid and your children in a head-on collision coming back from a vacation........ cause we all know that DUI isn't really a crime, right?

He was a 3 time loser. It's wrong to rape somebody. It's wrong to want somebody to get raped...but if he was a 3 time loser that killed my blood.... being raped would be so far down his problem list that it wouldn't even register. he'd have to worry about dying....when he got out..... or maybe even on the inside.

He's a con and probably lying in order to get his jollies. I've worked in country lock up prior to them going to Bevo 1 in Huntsville as part of my education.... nobody is guilty, just ask them. They were just innocent misguided boys with time on their hands and mischief in their souls.... poor babies.

Solitary would be fine with me.... convicts all put in the Everglades with 15 foot high electrified fence would be better, and let them go "survivalist" on each other.... who fricking cares....

..... and "no, it isn't that easy to go to prison."

The people I know that are against the death penalty oppose it for just that reason.

I don't care why people oppose the death penalty. I don't oppose it.

The DP is not a great deterrent ... It certainly doesn't rehabilitate the prisoner... The DP does comes down to pretty much just plain old revenge.

None of those are reasons that I support the death penalty. There are good reasons to use it.

You're right. It's just as perverted a mindset as rape.

Hi MovementConservative-

What about the part where fifteen weightlifing criminals gang-up on you in a cell and decide they're not going to kill you...they're instead going to rape you? People can say lots of brave things on the internet about how they'll fight to the death and all that stuff. If the evil mob elects not to kill you, you're just in a bad spot and will have to endure what they're dishing, huh?

~ Blue Jays ~

You missed the point.

No... I didn't miss the point.

Prison is prison. Jesus says to minister those in prison and last I checked, He died for the whole world, not just the U.S.

Jesus also said, "Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost farthing." (Matthew 5:25-26)

Ministering to those in prison does not include stopping the punishment that comes with being in prison. If someone is a criminal, and driving while under the influence is a "criminal" offense, then the person convicted of such an offense will, "Pay the uttermost farthing." Criminals, in fact everyone, will reap what they sow. Forgive me but I can't feel sorry for a self-centered jerk that choose to get behind the wheel of his car and endanger all those on the road that came near him. He did not give a rat's rear about them and he's non-repentant for his actions. He wishes to blame the judicial system instead of taking responsibility for his own actions. Until he repents he can continue to be the cell block punch board for all I care. He needs to turn to God for deliverance and stop whining about how bad he thinks he's got it in prison. He needs to humble himself and apologize to all those he endangered each and every time he drank himself silly and chose to take his four thousand pound weapon for a ride. He needs to admit that he is a lowlife dirtbag and to be converted by a renewing of his mind.

Capisca?

"Good reason to privatize the whole dang prison system"

Why not do away with prison for most non-violent convicts and move toward corporal punishment. Corporal punishment is fair, because a good caning feels about the same to every ass involved. And, when the punishment is complete we can turn the convict over to his family to stitch together, and save ourselves a load of cash housing people who could be back in the workplace supporting their family.

For most non-violents, screw the tank...back to the whip.

Hi DoP-

The so-called "conservative" statists are just as bad as the "liberal" statists! The only punishment being administered in prisons should be at the hands of the duly appointed warden and the trained guard staff. If any prisoner thinks he is in a position to rape another, he needs to be removed and *learned* otherwise. This problem should have a very short lifetime.

~ Blue Jays ~

Hi DieHardTheHunter-

Thank you for explaining the dynamics of fighting when heavily outnumbered. Some FReepers have this crazy notion they're going to fight to the death with a gang who is fighting the individual DOESN'T want them dead! An unarmed individual doesn't stand a chance when fighting a large and committed crowd.

~ Blue Jays ~

p.s. hopefully you're another Def Leppard fan...

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