Important Steps Made In Preventing Prison Rape

author : Marco Rosaire Rossi topic : prisons

by Marco Rosaire Rossi

Prison rape demonstrates an intense paradox in our society. In one respect, prison rape is extremely open. For the most part, the general public is ignorant about many of the realities of life behind bars, but it is common knowledge that rape does occur and occurs regularly. The topic is featured in movies, books, televisions shows -- even jokes. In another respect, prison rape is completely invisible. Very few institutions take meaningful measures to prevent it, and some flat out deny that it happens at all. Of course, this dynamic works to perpetuate these crimes. The normality aspect of prison rape allows perpetrators off the hook. People expect it, so there is no reason to take occurrence of it seriously. In addition, the invisibility aspect of prison rape leaves the survivors without support and the perpetrators unaccountable.

Fortunately, there are people working to resolve this contradiction. Last year, the United States Bureau of Justice Statistics (BJS) released its first ever report on prison sexual abuse, and the next one for this year is underway. The report was mandated by the Prison Rape Elimination Act (PREA) of 2003. PREA is the first effort by the federal government to address the problem and calls on states to develop zero tolerance policies towards prisoner sexual abuse.

The shame and fear that accompanies the survivors of prison rape makes it difficult to get an accurate picture of the situation from numbers alone. Underreporting is inevitable, and acknowledged by the BJS's final analysis: "Administrative records alone cannot provide reliable estimates of sexual violence . . . Due to fear of reprisal from perpetrators, a code of silence among inmates, personal embarrassment, and lack of trust in staff, victims are often reluctant to report incidents to correctional authorities."

Despite these shortcomings, the report does reveal some very interesting information on the nature of prison rape and the role institutions have played in perpetuating it. For example, the report has concluded that more than 44 percent of prisoner-on-prisoner rapes that have been reported are from Texas. Texas has the second largest prison population in the country (California is the first), and notoriously poor conditions. Andrea Cavanaugh, from Stop Prison Rape -- the only organization in the nation solely devoted to ending prisoner sexual assault -- doesn't find the number surprising. The majority of letters the organization receives are from the Lone Star state.

Texas is not the only state that has developed a disgraceful reputation. In May of 2005, Detroit News published a report on the ongoing sexual abuse of female prisoners in Michigan. The report was able to collect stories dating back twenty years, and reveals gruesome accounts of abuses of power by guards and willful neglect by the administration. These incidents caused Michigan to come under criticism from the Michigan Women's Commission and Human Rights Watch. Twice Human Rights Watch released reports noting the high retaliation rate on prisoners who reported sexual abuse in Michigan's women's prisons.

Although reports and statistics are often the best way to develop a macro perspective of the issue, they don't tell the whole story. They are unable to explain a lot of the important differences that play out depending on the gender, sexuality, and power of the people involved in the abuse. Many of these dynamics are totally foreign to anyone who isn't living or working in prisons as part of their daily lives.

In male prisons, prisoner-on-prisoner abuse is common. The culture of male prison rape encourages a "fuck or fight" mentality. This often compels survivors to take on the role of "punks" or "queens." A "punk" in prison is a person who resists or feels bitter about their sexual servitude. "Queens," on the other hand, have embraced some aspects of their role and use some of their sexual power for meek advantages.

Rape by correctional staff is more likely than prisoner-on-prisoner in female prisons. Guards, like the inmate rapist in male prisons, maintain their abuse by trying to create a relationship of dependency between themselves and the survivors. They withhold benefits and privileges, such as job assignments and exercise time, from women in exchange for sexual favors. They also exploit stressful circumstances and use psychological pressure to manipulate prisoners. In some cases, there have been reports of guards reviewing prisoners' personal records to see which ones have had a record of sexual abuse in the past -- the belief being that those women will be easier to take advantage of while incarcerated.

The sexual abuse of transgendered prisoners is also widespread. However, because of rampant transphobia in our society, the situation of transgendered prisoners still goes under the radar for many researchers and organizations. The sociological understanding of their sexual abuse is more difficult to measure and draw firm conclusions on.

These issues around prison sexual abuse reach new complexities when the abuse intersects with other major problems within prisons. Prisoners have poor medical facilities and the violent nature of rape leaves many prisoners seriously injured. HIV rates in prison are three times as high as on the outside. Other sexually transmitted infections, like Hepatitis C, are also extremely common. Mental health issues are widespread. Prisoners frequently struggle with drug addiction, alcoholism, trauma from previous abuse, and depression. These problems are compounded with the occurrence of post traumatic stress disorder, which often accompanies rape.

The seriousness of this issue, and the degree that it has been ignored in the past, makes the PREA and the BJS's report a significant move in the right direction. Already it seems to be having a positive affect. In California, to aid in the compliance of the PREA, the state recently passed the Sexual Abuse in Detention Elimination Act -- also known as SADEA. SADEA offers prisons resources and structure to provide counseling for survivors, information on sexual abuse prevention to prison officials, guards, and prisoners, and gives new investigative tools to keep track of incidents of sexual abuse and track-down perpetuators. In addition, the legislation creates a Sexual Abuse in Detention Elimination Ombudsperson who monitors prisons throughout the state to ensure that they follow the PREA, and is required to recruit human rights organizations to help deal with the issue.

Important progress has been made, but much more still needs to be done. Sexual abuse in prisons has a long and deep history; for some, it's a way of life and not just an "incident." Stop Prison Rape has been encouraging all prisoners to participate in the survey and share their stories. For them, breaking the silence is the first step. It is the hope that this information could be used to shed some necessary light on the topic - and in doing so, pass more legislation that is similar to California's SADEA: working to offer support to survivors, holding perpetrators accountable, and enhancing the rights of prisoners.