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Prison Rape: the challenge of prevention and enforcement
Prison Profiles by insideprison.com, May 2006
Resource Library
Prison rape is not only a physically and psychologically damaging
Inmate Search View Prison Rape
experience, it is also a formidable challenge for correctional
Glossary departments attempting to secure basic human rights within Allegations, By State
Parole Decision correctional institutions. A study of four Midwestern states in 2000 (2003)
Maker found that about 1 in 5 inmates experiences some form of pressured or
Prison Stories coerced sexual conduct while incarcerated (Struckman-Johnson & state:
University Programs Struckman-Johnson, 2000). According to Stephen Donaldson, the
president of the organization Stop Prisoner Rape and previous inmate
Chat
victim of prison rape, roughly 300,000 inmates are sexually abused
Business Directory each year (Donaldson 1995). Courts not only recognize that
Site Map "homosexual rape is commonplace" in prison, but they also make a
point to depart from sentencing guidelines if they believe that a
Contact convicted felon is particular vulnerable to rape, and fits the "prisoner
rape victim profile" (Man and Cronan 2001).
Submit Press
Releases Besides its traumatizing effects, and lasting physical and emotional
Link damage, prison prostitution, many times coerced, infects approximately
500 to 5,000 of customers in US prisons annually, in addition to the
approximately 250 to 2,500 of prostitutes themselves (Kleiman,
ARTICLES
Mockler 1987). Prison sex, including rape, infects at least 2,000
Boundary-Spanners prisoners annually. Understandably, allegations are not as high as
Canadian Prison informal estimates and self-reports. For every 1,000 inmates in Texas
Gangs there are 4 rape allegations, the highest rate of prison rape in any
Chicano Prison Art state, compared to the national average of 1.05 per 1,000. A total of
CSI Investigator 554 inmates in Texas prison reported being raped in 2004 (Houston
Salaries Chronicle 16 October 2005). Consult the calculator on prison rape
Female Sex allegations above for a more comprehensive outlook on the prevalence
Offenders of rape allegations in the US.
Lawsuit Abuse While rape awareness campaigns have increased inmate confidence
Frivolous Lawsuits that pleas will be heard, and prison rape allegations have jumped 200%
Mexican Mafia from 2000 to 2004, the state of Texas still substantiates far fewer rape
Nuestra Familia allegations than most states. Thus, many of these apparently positive
increases in allegations are being ignored. In the 6 year period
Prison Classification
between 1999 and 2005, the Special Prosecution Unit of the Texas
Prison Labour Department of Criminal Justice investigated a total of 1,054 inmate-
Newfoundland on-inmate rapes resulting in 8 sentences, and 232 guard-on-inmate
Prisons rapes resulting in 43 sentences (Houston Chronicle 16 Oct 2005). Click
Prison Rape insideprison's state comparison to see the number of prison-rape
Risk Assessment allegations forwarded by state prison inmates across the country.
Serial Killers
A study conducted in Australian prisons found that prison rape was
Sex Offenders experienced by at least 10% of male prisoners aged 18-25, with a
Prison Suicide small number of these victims reporting sexual assault on a daily basis.
Supermax However, author Jeremy Prichard (2000) has contended that the
Treatment Theory incidence and frequency of prison rapes depends upon the unique
social climate and institutional culture of the specific prison, and
Violent Offenders
whether or not the prison houses certain individuals who may promote
or spread sexually-abusive attitudes and the acceptance of prison rape
GANG PROFILES within the prison subculture. Prison rapists, according to Prichard,
Afrikan National sexually-abuse other inmates to gain a more powerful position in the prison sexual hierarchy, known as
Ujaama

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Alberta Warriors
the "pecking order," and it is these "prisoner leaders" that must be targeted by correctional staff
Aryan Brotherhood wishing to curb the incidence of prison rape. It is these individuals that "rule the roost," and maintain
Black Guerilla their dominance over their sex-slaves as an expression of their power and masculinity.
Family
Bloods Participants
Church of the New
Targets
Song
Crips According to Daniel Lockwood (1978), there are "aggressors" for prison sexual assault, and there are
Dixie Mafia "targets," otherwise known as "Fags" (natural homosexuals), "Queens" (flaunting transsexual), "Kids"
First Command of (submissive, young sex-slaves), or "Punks" (resistant males that put up a fight at first but who
the Capital eventually submits). Target-prisoners are "physically slight, young, white," and generally "nonviolent,"
Indian Posse often experiencing higher rates of psychological distress and attempted suicide in prison. Criminal
history is otherwise very similar to non-targets. Target inmates are first victimized early in their
Jamiyyat Ul Islam Is
sentences, usually within 16 weeks of initial confinement. When a target is raped on the first or second
Saheeh
day of his sentence, there is a high possibility that he will become a sex-slave in the long-term, a
KUMI 415 process referred to as "turning out" an inmate.
Manitoba Warriors
Mexican Mafia Physical appearance is essential in determining the target of a rape, as it is often used as a yardstick
for assessing how "successful" a rape attempt will be. In all cases, the younger, smaller-built inmates
MS-13
are targeted more easily, or those appearing most feminine. White inmates are targeted more than
Native Syndicate Blacks, because race is used a method of rationalizing one's violent domination, as in the case of
Neta Association minority-cultured inmates who feel that their oppression should become someone else's. In addition,
Redd Alert there is greater solidarity among racial minorities in prison than there is among White majorities,
Sur 13 (Surenos) meaning that Blacks, Hispanics, and Chicanos, for example, will "look out for their own" more often
Texas Syndicate than Whites will.
Trinitarios Targets can often provoke violence preceding or during the commission of the rape by engaging in
behaviours characteristic of "victim-precipitated homicide." In this case, targets rationalize their
resistance by arguing that they are not homosexual, and prefer to appear "tough" or masculine. Many
targets are repulsed at the thought of homosexual intercourse, while at the same time believe there
are few acceptable options at their disposal. Following rapes, psychological crises are common in
about 30% of victims. These include suicidal thoughts, anxiety, fear, depression, hopelessness,
extreme suspicion, and isolation. There is also a fear of being stigmatized by other inmates as
homosexual. Some targets adapt by joining "cliques," for purposes of protection, solidarity, and
comfort.

It is unfortunate that many inmates must rely on themselves for protection, and not on correctional staff
members, whose duty it is to protect prisoners. With an increase in self-protection groups among
inmates, some of which may become especially influential and form gangs, there is also the possibility
of increased skepticism, distrust, and resistance to correctional staff members and institutional rules. It
is always in the correctional facility's best interest to establish a harmonious relationship between staff
and inmates, yet the threat of prison rape, gone unchecked, can pose a threat to this already tenuous
relationship.

According to the Houston Chronicle, many inmates who make the mistake of accepting requests for
forced sex from "protectors" inexorably become "punks" who will later be preyed upon by sexual
predators. Such a situation was the focus of the trial of Roderick Keith Johnson, mentioned above,
who sustained years of sexual abuse, and being "traded among gangs such as the Gangsta Disciples,
Mexican Mafia and Mandingo Warriors" (Houston Chronicle 16 Oct 2005).

Aggressors

Aggressors usually work in "packs," large groups with strength in numbers. Aggressors use physical
violence in 50% of rapes, and much of this violence is precipitated by communication-deficits between
targets and their aggressors, what was mentioned above as "victim-precipitated homicide."
Aggressors usually possess a low education-level and low socioeconomic status, experienced
development in a dysfunctional family headed by a single mother, and have a previous history of violent
offending. A Washington Post study on rape found that because many rapists are convicted of violent
offences, they are often temporarily placed in cell blocks next to those awaiting trial on nonviolent
charges (Man and Cronan 2001). In addition, it all too easy in prison to assume the human character
designated by the prison culture: that of aggression, of masculinity, and of predation.

Similar to the causes precipitated by a super-masculine prison environment are theories on how

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gang-precipitated prison rape resembles the slavery-era "lynch-mob," formed by subcultural

aggression and attitudinal acceptance of sexual abuse. However, while structural or ecological issues
in specific correctional facilities may indicate increased likelihood or opportunity to commit sexual
assault, these features do not make the distinction between rapists and non-rapists. Nevertheless,
institutional factors do indeed influence the prevalence of rape, and are being targeted in rape
prevention efforts in the form of staff-awareness campaigns, increased surveillance, immediate
post-rape counselling, and collective placement decisions.

According to New South Wales Magistrate David Heilpern, "Sexual assault in prison is not about sex...it
is about power," in which "the penis is a weapon of control," leaving "no viable bruises or scars," and a
unique attempt to enslave individuals by using shame, stigma, and terror made all the more extreme in
a prison environment. Australia, like the United States, Canada, and the UK, is confronted with a
growing prison rape problem, and the primary objective right now is generating more awareness. But
in addition to awareness, Heilpern also notes that the community must also take some responsibility for
rape behind bars, because it is the community, as well as the victim, that will suffer from improperly-
rehabilitated, traumatized, and suspicious individuals being released.

However, measuring the incidence of rape within prison is a difficult task, since the distinction between
consensual, homosexual sex and nonconsensual, coercive sex is often blurred. Many convicts, by virtue
of their social isolation, loneliness, and insecurity produced by their confinement, actively seek out male
partners of their own volition. Correctional staff definitions of rape also vary widely, considering the
heterogeneity of attitudes among officers. Those who feel close to many inmates define prison rape
very liberally, whereas those who maintain distance from inmates may define prison rape more
narrowly, and may instead include violent rape under the category of violent abuse.

In addition, there is a degree of skepticism towards prisoner allegations. By nature of their secretive
operation, evidence is often lacking in prison rape cases, and prisoners have little bargaining power
and jury support in court. This is of particular concern to those filing lawsuits, who must first pass the
"deliberate indifference" test proving that correctional officials "know of and disregard an excessive risk
to inmate health or safety" (Man and Cronan 2001). Inmate Roderick Keith Johnson, raped on a
regular basis for one and a half years beginning on the first day that he stepped into the Allred prison
unit in 2000, went to a federal court to convict prison officials for failing to protect him from cruel and
unusual punishment. The quality of his evidence was called into question, despite the fact that many
transfers and protection-operations for prisoners frequently lack proof of victimization.

On a more positive note, concern for prison rape seems to be increasing. The first Prison Rape laws
were adopted by 18 states in 1990, and by 2006, all states but Vermont now have such laws
prohibiting prison rape. In 1999, the Los-Angeles-based organization Stop Prisoner Rape formed,
while the American University Washington College of Law and the National Institute of Corrections
implemented a joint program to more effectively prevent rape within prison. In 2003, President Bush
signed the Prison Rape Elimination Act, which created a commission to increase detection, prevention,
and reduction of prisoner rape. Specifically, it:

developed national standards to prevent, detect and reduce sexual violence in prisons
increased correctional staff's access to data on sexual violence
made prison officials more accountable for inmate safety

Furthermore, in 2005, sexual-abuse among staff in federal prisons was given stiffer penalties. It
appears that the future may hold more hope for prevention of prison rape, but, as noted above, it still
requires the participation and enthusiasm of the community in order to take effect. In addition,
awareness is only half the battle. Implementation and practical and attitudinal support at the
institutional level is another challenge altogether, and may require incentive levels for correctional
officials who successfully keep rape allegations low, or penalties to those who knowingly allow
allegations to remain high.

For a critical review of the literature and evidence on the efficacy of the Prison Rape Elimination Act,
see: www.nicic.org/Library/019813.

Some facts on sexual violence among inmates reported to correctional authorities:

8,210 allegations of sexual violence reported

Nationwide in 2004
42% of allegations involved staff sexual misconduct;
37%, inmate-on-inmate nonconsensual sexual acts;

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11%, staff sexual harassment; and 10%, abusive sexual

contact.
Correctional authorities reported 3.15 allegations of
sexual violence per 1,000 inmates held in 2004.

Correctional authorities substantiated nearly 2,100

incidents of sexual violence, 30% of completed
investigations

Males comprised 90% of victims and perpetrators of

inmate-on-inmate nonconsensual sexual acts in prison and
jail.
In State prisons 69% of victims of staff sexual
misconduct were male, while 67% of perpetrators were
female.
In local jails 70% of victims of staff sexual
misconduct were female; 65% of perpetrators, male.

references

Bureau of Justice Statistics. Sexual Violence Reported by Correctional Authorities, 2004.

http://www.ojp.usdoj.gov/bjs/abstract/svrca04.htm

Cindy Struckman-Johnson & David Struckman-Johnson, Sexual Coercion Rates in Seven Midwestern
Prisons for Men, 80 The Prison Journal 379 (2000), available at http://www.spr.org/pdf/struckman.pdf
.

Donaldson, Stephen. "Can We Put an End to Inmate Rape", USA Today, May 1, 1995.

The Houston Chronicle 16 October 2005.

Christopher D Man; John P Cronan. (2001). "Forecasting sexual abuse in prison: The prison subculture
of masculinity as a backdrop for "deliberate indifference"." Journal of Criminal Law and Criminology

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