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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: B-Chan

--Once, if you count the brig on the ship.--

I was on the Enterprise. You really must have screwed up big time. Is that why you are so angry?


441 posted on 02/13/2007 12:33:31 PM PST by UpAllNight
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To: brwnsuga

Yeah, Meyer Lansky was our cappo.


442 posted on 02/13/2007 12:33:58 PM PST by MeanWestTexan (Kol Hakavod Lezahal)
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To: UpAllNight

None of the thousands of friends or professional associates that I have known over my lifetime have ever been to jail.

I never knew them personally, but the Rev. Martin Luther King, Jr went to jail more than a few times. So did the Apostle Paul.... Just because you have been in jail doesnt' make you a horrible person for the rest of your life. And I hate to say this being a black person, it is possible to have a relative in jail and a different relative that is a physician or dentist or teacher. I am speaking from experience.


443 posted on 02/13/2007 12:39:49 PM PST by brwnsuga
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To: UpAllNight
I feel sorry for you to have not had the pleasure of surrounding yourself with decent people as friends and co-workers.

I feel sorry for you that you do not realize that otherwise good and decent people might not mention embarrassing episodes in their past.

444 posted on 02/13/2007 12:41:21 PM PST by Lazamataz (Global warming turns people gay.)
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To: brwnsuga

--And I hate to say this being a black person, --

None of my black friends or co-workers have been in jail either.


445 posted on 02/13/2007 12:41:36 PM PST by UpAllNight
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To: Lazamataz

--I feel sorry for you that you do not realize that otherwise good and decent people might not mention embarrassing episodes in their past.--

Aren't you just a little p!ssed off about this?


446 posted on 02/13/2007 12:43:32 PM PST by UpAllNight
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To: UpAllNight

I am not saying that all black people go to jail, but I bet if you ask any of you black co-workers, they can name a family member or friend that has been in or is in jail.


447 posted on 02/13/2007 12:44:31 PM PST by brwnsuga
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To: UpAllNight
Aren't you just a little p!ssed off about this?

You see anger where there is none. That says something about you.

448 posted on 02/13/2007 12:46:43 PM PST by Lazamataz (Global warming turns people gay.)
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To: brwnsuga

--I am not saying that all black people go to jail, but I bet if you ask any of you black co-workers, they can name a family member or friend that has been in or is in jail.--

I think not. Same for my friends.


449 posted on 02/13/2007 12:47:48 PM PST by UpAllNight
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To: Lazamataz

"Aren't you just a little p!ssed off about this?"

--You see anger where there is none. That says something about you.--

I only saw this.

http://www.freerepublic.com/~lazamataz/


450 posted on 02/13/2007 12:49:12 PM PST by UpAllNight
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To: UpAllNight

Jokes confuse you, don't they?

Sorry about your luck.


451 posted on 02/13/2007 12:51:07 PM PST by Lazamataz (Global warming turns people gay.)
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To: EndWelfareToday

> Try to keep up with the context of the conversation.

Uhh, no -- try not to shift the goalposts. You said:

>> Ministering to those in prison does not include stopping the punishment that *comes with being in prison*.

I observed that there *is* no legitimate punishment that "comes with being in prison." Being imprisoned *is* the punishment.

Good people -- not just Christians -- have an obligation to ensure that the prison experience comprises nothing more and nothing less than the removal of liberties.

> ANYONE that is not a member of the Body of Christ is bound by the laws of nature and of Moses.

Athiests, wiccans, Hindoos, Sikhs and idol worshipers would all argue that they are *not* bound by the laws of Moses. And Transcendental Meditationalists would probably argue that they are *not necessarily* even bound by the laws of nature. All are protected by your constitution.

I don't see the necessity to turn this into a religious argument: as such it is jolly dull and uninteresting. It is an argument about natural and constitutional Justice: nothing more.

> How many of you that are crying for this man's aching anus and poor little psychie would give a rat's rear about whomever he would have killed had the cops not gotten him off the road?

He is in Gaol as punishment, that is sufficient for me.

As a recidivist DUI he repeatedly put himself and others at an illegal *risk*, but that risk had not, so far, materialized. Nobody was killed.

Whether he ever would have killed anybody is a matter of pure conjecture -- unless you are claiming to be a prophet as well as a preacher it is by no means an established fact that he *would* have killed anybody if the cops hadn't gotten him off the road.

He is a fool, and he has come to a fool's end. That said, I care less about hypothetical victims than I care about real ones. And in his case, he is a real victim of a serious injustice.


452 posted on 02/13/2007 12:52:09 PM PST by DieHard the Hunter
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To: UpAllNight

I think not. Same for my friends.

Don't make assumptions, ask. I had this discussion with a Navy Captain's wife (who is black and an attorney for a U.S. government entity in Washington D.C- we came to the same conclusion) I'm sure the people you know are great people, it is just an ugly reality. I consider myself a good person, from a good middle class intact family (a Mom and a Dad) and I have a family member that had a brush with the law.


453 posted on 02/13/2007 12:54:17 PM PST by brwnsuga
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To: aculeus
"In effect, the state is providing sex toys or sex slaves to the most violent. What on Earth is just -- or funny -- about that?"

The lack of responses to your post speaks volumes, and the gleeful replies by some who are in effect sanctioning the rapists is flat-out sickening.

Sad day for FR.

454 posted on 02/13/2007 1:03:09 PM PST by Sam's Army
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To: DieHard the Hunter
And in his case, he is a real victim of a serious injustice.

He is nothing more than a victim of his own selfishness and stupidity. And as you say, prisoners have NO liberty. Meaning they have NO freedoms or RIGHTS while in prison. In fact, depending upon one's crimes they man have most of their rights stripped from them for the rest of their lives! He's lucky society didn't execute him. Some societies execute prisoners for a lot less.

Now don't snivel to me about how bad a prisoner is being treated. Next time, if he ever gets out, he may wish to obey the law. Otherwise tough luck.

455 posted on 02/13/2007 1:05:43 PM PST by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter)
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To: brwnsuga

--Don't make assumptions, ask.--

That is one stupid post.


--I had this discussion with a Navy Captain's wife (who is black and an attorney for a U.S. government entity in Washington D.C- we came to the same conclusion) I'm sure the people you know are great people, it is just an ugly reality.--

Not many great people. Just ordinary people.


--I consider myself a good person, from a good middle class intact family (a Mom and a Dad) and I have a family member that had a brush with the law.--

Did he go to jail?


456 posted on 02/13/2007 1:09:14 PM PST by UpAllNight
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To: EndWelfareToday
Don't violate the law. Don't get thrown in prison.

That's the funny thing about our hyper-bureaucracy... there are few people left in the nation who have not violated some edict from our beloved leaders. No citizen can guarantee that they have filled out their taxes with 100% precision (even the IRS itself cannot give consistent answers to basic questions)... if you have enough dollar bills in your pocket, you may have enough residue to earn a cocaine possession charge... heck, spanking your child can now be interpreted as child abuse.

Then ask the Duke lacrosse players or ex-husbands of particularly vindictive women about how facing this kind of thing despite being innocent.

457 posted on 02/13/2007 1:12:22 PM PST by Teacher317 (Are you familiar with the writings of Shan Yu?)
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To: UpAllNight

I don't think it is stupid, I think its my opinion, which is what FR is all about.

Just ask, tell them about my post and ask. And yes, the person went to jail but, I'm sure you'll be glad to know, they have been a productive member of society since then. Hugs'n'kisses to you.


458 posted on 02/13/2007 1:16:31 PM PST by brwnsuga
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To: EndWelfareToday
prisoners have NO liberty. Meaning they have NO freedoms or RIGHTS while in prison. In fact, depending upon one's crimes they man have most of their rights stripped from them for the rest of their lives! He's lucky society didn't execute him.

You are a blithering fool. Prisoners certainly do retain many, if not most, basic human rights. An incredibly small percentage can potentially face the death penalty, but even then, we require nearly a decade filled with mandatory hearings and appeals that they are entitled to, simply because they are human. Religious rights, due process rights, hell even the "right" to abortions are all recognized for those behind prison walls.

Some societies execute prisoners for a lot less.

Of course... but we're talking about this society... and in this society, decent people do not defend the notion of gang-rape of anyone, for any reason. With your attitude, you'd do well in a Muslim society that condoned gang raping teenaged girls for perceived slights to male family members. Thankfully, most of America isn't joining up for that kind of society yet.

459 posted on 02/13/2007 1:20:42 PM PST by Teacher317 (Are you familiar with the writings of Shan Yu?)
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To: EndWelfareToday

> He is nothing more than a victim of his own selfishness and stupidity.

He is a victim of rape. Multiple times. Rape is a serious crime, no matter where it happens or under what circumstances.

> And as you say, prisoners have NO liberty. Meaning they have NO freedoms or RIGHTS while in prison.

Prisoners have basic Human Rights: including the right not to get raped.

> Now don't snivel to me about how bad a prisoner is being treated.

I bet your brand of "Christianity" is lots of fun to follow, ay! You sound more like the Taliban than a real Christian -- in fact, it is attitudes like yours that give Christians a bad name.

Here's one to you, from Jesus:

(Matthew 7 -- the Sermon on the Mount)

1 Judge not, that ye be not judged.

2 For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.

3 And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye?

4 Or how wilt thou say to thy brother, Let me pull out the mote out of thine eye; and, behold, a beam is in thine own eye?

5 Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye.

And later in the Chapter:

21 Not every one that saith unto me, Lord, Lord, shall enter into the kingdom of heaven; but he that doeth the will of my Father which is in heaven.

22 Many will say to me in that day, Lord, Lord, have we not prophesied in thy name? and in thy name have cast out devils? and in thy name done many wonderful works?

23 And then will I profess unto them, I never knew you: depart from me, ye that work iniquity.

I shall pray for you.
*DieHard*


460 posted on 02/13/2007 1:20:43 PM PST by DieHard the Hunter
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