No Escape: Male Rape In U.S. Prisons

Human Rights Watch ^ | 2007.02.12 | Joanne Mariner

[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.

[freemike]

Ok, here is an example of libs good intentions(though, I have always said Dems and libs are soft on crime in case they end up getting caught),, here is an example of good intentions making things worse. Prisoners rights and rehabilitation instead of punishment, law libraries for prisoners, weight rooms, TV's, no prison uniforms,,,the whole prison system needs overturned. Slack and soft standards breed this kind of thing. Just for the sake of discussion, here is my laundry list that would change everything,,, first, increase pay and standards for prison guards and exempt them from major lawsuits. Allow more authority for prison guards. Make prison uniforms unattractive(no more cool looking jean outfits) and mandatory. Everyone gets a buzz cut. No hairstyles, mustaches or beards! No tattoos allowed to be made while in prison. If you get one made, you get them all removed. Hard labor 6 days a week, 10 to 12 hours a day. Break up stone, dig ditches and fill them again, who cares. No weights or exercise machines. No TV. No magazines other than Reader Digest, books on the Power of Positive Thinking and the Bible. Punishments for policy violators should be swift and severe. They get wipped on the bare rear with a reed cane by a martial artist! Prisons rapes should result in castration, as should any rape. If these kind of policies would be enacted, as harsh as they are,, it would actually result in more real punishment, yet less violence. Rape, prison violence and these gangs occur because they can. We create the climate for them to flourish. Our society just is not serious about dealing with real crime. "Prisoners Rights" and the "Rehabilitation" mentality actually ensure they have no rights or safety from each other as well as ensuring they are harder and more dangerous than when they went in.

[UpAllNight]

--Just ask, tell them about my post and ask.--

I have no need to.


--And yes, --

Did that person's experience reflect what was in the original article?

[B-Chan]

I did screw up big time. In fact, I was pretty much 100% screw-up at the time, thanks to weak character combined with untreated mental illness. I'm better now.

As for anger, I'm not sure what you mean. Were you a snipe on the 'Prize?

[UpAllNight]

--I'm better now. --

Good.


--Were you a snipe on the 'Prize?--

Nuclear + Catapult & Elevator Shop.

[B-Chan]

You were a Nuke? EM or MM? Which plant? What cruise?

[UpAllNight]

Weren't no MM's in the C&E shop. 73/74

[B-Chan]

Way before my time (1985-86). Didn't know there were any Nukes in cat country.

[aculeus]

Just came across some related discussions.


http://www.janegalt.net/archives/009477.html


http://ezraklein.typepad.com/blog/2006/08/prison_rape.html

http://www.janegalt.net/

(the last one requires some scrolling)

[EndWelfareToday]

Grow up. Just because everyone has sinned doesn't make sinning right and it certainly doesn't excuse any future sins nor does it negate the fact that the wages of sin is death.

As for the "Duke lacrosse players?" Please. That red herring is irrelevant. The subject of this thread had been arrested and CONVICTED twice for his DUI's before being sent to prison. It's not like he didn't know what would happen to him if he didn't stop drinking and driving. His choice. His price to pay for his sin.

[ktscarlett66]

Have to kind of agree with you on that one. Honestly, after having had a best friend killed by a drunk driver (who had previous DUIs), I have a hard time working up any sympathy for anyone who drives UI. She didn't deserve to be killed at age 29, her daughter didn't deserve to lose her mother at age 8. They had NO choice in the matter.

[ktscarlett66]

Have to kind of agree with you on that one. Honestly, after having had a best friend killed by a drunk driver (who had previous DUIs), I have a hard time working up any sympathy for anyone who drives UI. She didn't deserve to be killed at age 29, her daughter didn't deserve to lose her mother at age 8. They had NO choice in the matter.

[TChad]

the gleeful replies by some who are in effect sanctioning the rapists is flat-out sickening. Sad day for FR.

They are sanctioning the rapes, and sanctioning the subversion of the legal system. The think that their law-and-order rhetoric provides cover for their Sadism. As you say, it is sickening, but it is not particularly unusual on FR.

[P-40]

I have a hard time working up any sympathy for anyone who drives UI.

Human Rights Watch should not have picked such a character to start their article off with. He is not likely to engage the reader's sympathy and sets an unsympathetic tone for the rest of the story. Too many people have been adversely affected by drunk driving for this story to be a best seller.

[RadioCirca1970]

Even DUI doesn't merit group rape.

[P-40]

Even DUI doesn't merit group rape.

No one said it did, even for this three time loser.

[B-Chan]

What happens if you get arrested and thrown in the joint? Will you be as blasé about rape when it's you they're bending over behind the tool shed?

[EndWelfareToday]

Two things. 1) I won't get thrown in the "Joint" and 2) It will be a cold day in hell before I'm bent over behind anything. If I ever were "bent over" those who would do it had better know that I would kill them. I would be the last "piece of ***" they would ever know.

[B-Chan]

Two things. 1) I won't get thrown in the "Joint"...

LOL. And you know this for certain how?

It will be a cold day in hell before I'm bent over behind anything. If I ever were "bent over" those who would do it had better know that I would kill them. I would be the last "piece of ***" they would ever know.

Tough guy, huh? Wouldja use your adamantium claws on 'em, Wolverine?

Thanks for the smile, but ninja, please. You could be in the county slam by this time tomorrow night. All it would take is for you to be in the wrong place at the wrong time and bam. I don't care how tough your are -- against two, five, or a dozen you're toast.

Think it can't happen to you? It happens to people just like you every day.

[armourup]

You might be a real tough guy, but to quote a dude I worked with 25 years ago, "ANY MAN THAT SAYS HE WAS TOO TOUGH FOR ANYONE TO RAPE IN PRISON WAS EITHER A PUNK WHO LAYED DOWN WILLINGLY OR JUST A LIAR." My work mate said ANYONE can be beaten down and raped....period. That's mean you too dude.

And you would do what???? KILL them????!! Do you REALLY think that is a deterrence???

[EndWelfareToday]

** Two things. 1) I won't get thrown in the "Joint"...

> LOL. And you know this for certain how?

I am a son of God and I obey the laws of the land.

** It will be a cold day in hell before I'm bent over behind anything. If I ever were "bent over" those who would do it had better know that I would kill them. I would be the last "piece of ***" they would ever know.

> Tough guy, huh?

Actually... Yes. I am a "tough guy."

> Wouldja use your adamantium claws on 'em, Wolverine?

* smile * Yeah! That's it.

> Thanks for the smile, but ninja, please. You could be in the county slam by this time tomorrow night.

Keep dreamin sparky. ;-)

> All it would take is for you to be in the wrong place at the wrong time and bam.

True but you don't get it. I don't ever end up "in the wrong place." As I said. I am a son of God and I only go where He leads me.

> I don't care how tough your are --

And personally I don't give a rat's arse what you "care" about. Your opinions are worthless to me and irrelevant. Nothing personal but... well. You have no credibility with me.

against two, five, or a dozen you're toast.

Think so? You don't know me and even if you were right, those guys would have to sleep.

> Think it can't happen to you?

That's right. I do think it can't happen to me. Again, I'm not a drunk. I don't solicit whores. I don't violate the law and I am led of God through Jesus Christ by the Holy Spirit in all things. I don't give anyone a reason to throw me in jail and even if I did I'd make amends before such an event could occur.

Let me put it to you another way. I don't live in fear and I don't expect others to feel sorry for me if something were to happen to me.

> It happens to people just like you every day.

You know nothing of "people like me."

One more thing sparky. Not everyone that goes to jail ends up being someone's b****. Just because you are afraid you probably would be doesn't mean the rest of us are.