Problem of Sexual Assault in U.S. Prisons - Essay Example

PROBLEM OF SEXUAL ASSAULT IN U.S. PRISONS Introduction The U.S has the dubious distinction of having the highest incarceration rate in the world. Its prison population was 1,078,542 in 1995, which rose to 1,316,333 in 2000,1 2,100,146 in 2001,2 and 2,261,876 in 2004. 3 In 2005, the number of people incarcerated was 2,320,359. African-Americans and Hispanics comprised 60% or 1,392,215 of the incarcerated population; among every 10,000 incarcerated inmates, 3,145 were African-American, 1,244 were Hispanics and 471 were whites, thus making the number of African-Americans and Hispanics 6.6 times and 2.4 times more than whites respectively. Of the incarcerated inmates in 2005, 30% of the total female prisoners and 20% of the total male prisoners totaling 337,872 (of whom 133,100 were African-American) were convicted of drug crimes.4 According to popular media, sexual assault is viewed as a common occurrence inside U.S. prisons. While this is associated more with women inmates, male prisoners are being increasingly assaulted sexually as a result of several factors that render them vulnerable such as youth, exhibition of female features like long hair and highly pitched voice, small stature, physical weakness and passivity. The perpetrators of male sexual assault are characterized by physical aggression, strong physiques, ‘street smartness’ and gang membership. Many victims are forced to act as slaves of perpetrators, doing chores like washing their clothes and cleaning their cells; they are even ‘rented out’ for sex to 1: Prison: Encarta.msn.com. 2: Public Law 108-79 108th Congress: Detnews.com. 3: Prison: Encarta.msn.com. 4: FELLNER, J. U.S. Addiction to Incarceration puts 2.3 Million in Prison: Human Rights Worldwide. other inmates.5 According to Lara Stemple, executive director of Stop Prisoner Rape, Inc., male prisoners are more likely to be sexually assaulted by other male inmates, while female inmates are more likely to be assaulted by male prison staff.6 Statistics of Sexual Assault in U.S. Prisons The U.S. Bureau of Justice Statistics (BJS) recorded a total of 5,386 allegations of adult sexual assault in the country’s prisons during 2004, the most occurring in State prisons (3,172), followed by local jails (1,700), Federal prisons (284), private prisons (210) and other facilities (20). These figures increased by 855 (16%) during 2005 when the BJS registered a total of 6,241 allegations of adult sexual assault, with State prisons again scoring the highest (4,341) followed by local jails (1,384), Federal prisons (268), private prisons (204) and other facilities (44).7 The BJS provided further information related to its 2005 prison sexual assault statistics. Staff sexual misbehaviour accounted for 38% of the allegations, while 35% involved inmates forcefully engaging in sex with other inmates, 17% involved sexual harassment by prison staff and 10% involved inmates engaging in abusive sexual acts with other inmates. The percentage of male prison staff involved in sexual misbehaviour was 54.3% while female prison staff accounted for 45.7% of the cases.8 The statistics of the BJS are widely contradicted by many surveys. University of Dakota researcher Cindy Struckman-Johnson found that in case of male inmates in U.S. men’s prisons, one in 5 prisoners experienced sexual assault; in case of female inmates in 5: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 6: Commission finds that Prison Rapes affect Families, Communities: Stop Prison Rape, Inc. 7: BECK, A. J. & HARRISON, P. M. Sexual Violence Reported by Correctional Authorities, 2005: U. S Department of Justice. 8: Ibid women’s prisons, one in 4 experienced sexual assault.9 These figures nearly match those in a survey conducted by ‘Prison Journal’ in December 2000. The survey of 7 men’s prisons in 4 States found 21% of inmates admitting to being victims of sexual assaults. A third survey of Nebraska male prison inmates found 22% of them had suffered sexual assault.10 Reasons for Sexual Assault in U.S. Prisons This matter can be examined from two perspectives – in general (regarding both male and female prisons) and regarding women only (women prisons). In general, sexual assault in prisons occurs due to 5 reasons. Firstly, prison guards have access to prisoners’ personal files that include records of grievances against prison guards and other prison staff. The guards use this information to blackmail abused victims into silence, suggesting unwelcome consequences like threatening to harm their children, or curtailing visitation rights from family members, or using rules-infraction tickets that lengthen the inmates’ stay in prison if he or she dares to lodge a complaint.11 Secondly, prison guards unscrupulously coerce inmates into sex for favours like better quality food or extra food.12 Thirdly, the unproductive methods, rules and reporting systems in U.S. prisons allow perpetrators to engage in sexual assault with impunity. In 1997, the U.S. Justice Department reported that only 10 guards in the total Federal women prisons were disciplined, and in that too, 3 were let off and only 7 were prosecuted – the punishment for the guilty being a transfer to another prison.13 Fourthly, there is a near total lack of training imparted to U.S. prisons staff about how to 9: STEMPLE, L., PATTEN, W. & JEALOUS, B. Do Something About Prison Rape: Human Rights Watch. 10: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 11: Sexual Assault & Misconduct against Women in Prison: Amnesty International USA. 12: Ibid 13: Ibid forestall sexual assault, how to report alleged sexual assault and how to administer treatment to victims of sexual assault. The lack of training lets perpetrators of sexual assault believe they can get away with such a crime easily.14 The last reason is the overcrowding in U.S. prisons. First time offenders who deserve a second chance are unnecessarily incarcerated (The Boston Globe reported that over one-fourth of nearly 2,000 men and women housed in Massachusetts prisons for drug related crimes are first time offenders; another report stated nearly 50% of the total female prison population is African-American, with offenses ranging from non-violent drug crimes to property related crimes). Overcrowding in jail translates into overwork for prison staff as well as difficulty in proper supervision of inmates – two conditions that enable perpetrators of sexual assaults to operate with less chances of detection or prevention.15 There are 3 main reasons why sexual assault occurs in female prisons. The first is the overwhelming number of male prisons guards (while there are 148,200 female prisoners in Federal and State prisons, 70% of the prison guards are male). These guards are given intimate assignments such as watching women inmates undressing, or bathing or using the toilet.16 The second reason is the near total invisibility of women prison sexual assault. For example, women prisons in Georgia and the District of Columbia admitted to the existence of sexual assault instances only after two long-drawn court cases in 1992 and 1994.17 The third reason is the male chauvinistic attitude of some guards. In case the inmate is a lesbian, it could mark her as a special target for sexual assault (this happened in the case of a lesbian prisoner named Robin Lucas who was incarcerated in a 14: Public Law 108-79 108th Congress: Detnews.com. 15: Sexual Assault & Misconduct against Women in Prison: Amnesty International USA. 16: Ibid 17: Sexual Abuse of Women in U. S. State Prisons: Human Rights Watch. men’s prison where the male prison guards encouraged the male inmates to rape her in the belief that “they could change her mind” about her same-sex preference.18 Effects of Sexual Assaults in U.S. Prisons The first is the detrimental effect on the inmate. A large number of them suffer sexual assault during incarceration that has cause them physical and psychological harm that will persist for a long time.19 For example, 49-year old Marilyn Shirley who was raped by a prison guard, still takes 5 medications and endures regular panic attacks and bad dreams 5 years after being released from prison.20Some women become pregnant as a result of the sexual assault,21 and have to face the trauma of an abortion or being a single parent. Some inmates resort to suicide during incarceration. For example, 17-year old Rodney Houlin hanged himself inside his prison cell after being subject to repeated rape and being forced to do sexual acts on other inmates.22 Some inmates die as a result of the sexual attack. For example, 23-year old Randy Payne was sexually assaulted and then beaten so badly at a Texas prison in 1994 that he succumbed to his injuries.23 Sometimes inmates even succumb to their sexual assault after release from prison. The prime example is Stephen Donaldson, late president of Stop Prisoner Rape, Inc., who was gang-raped in prison more than 60 times within 48 hours. He not only had to undergo rectal surgery after release from prison, but also found out he had contracted HIV infection as a result of the sexual assault in prison; he subsequently died due to AIDS-related reasons.24 The second effect is on society. It is estimated that around 600,000 prisoners are 18: Sexual Assault & Misconduct against Women in Prison: Amnesty International USA. 19: Public Law 108-79 108th Congress: Detnews.com. 20: Commission finds that Prison Rapes affect Families, Communities: Stop Prison Rape, Inc. 21: Sexual Abuse of Women in U. S. State Prisons: Human Rights Watch. 22: Commission finds that Prison Rapes affect Families, Communities: Stop Prison Rape, Inc. 23: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 24: MALLORY, J. Sexual Assault in Prison: The Numbers are Far from Funny: Rtis.com. released annually. The suffering some of them have endured due to prison sexual assault hampers their effective entry into the workforce and their ability to hold a stable job. They are therefore not able to contribute effectively to society.25 Some experts contend that the exposure to sexual assault could spawn a cycle of violence whereby the victim resorts to violence in some instances.26 The last effect is on the United States. Firstly, it is perceived as guilty of violating the Cruel and Unusual Punishment Clause of the Eighth Amendment.27 Secondly, not only has its large expenditure on prisons been eroded by the high incidence of prison sexual assaults, it also has to spend significant amounts to provide disability income to prison sexual assault victims. For example, 37-year old Keith De Blassio contacted the HIV virus after being sexually assaulted in a Federal prison. He now lives on disability income caused by the high ($ 1,800 a month) medical expenditure.28 Thirdly, already burdened with the tag of having the largest number of incarcerated people in the world, the high incidence of sexual assault inside prisons discredits the Prison system, and this negative portrayal is exacerbated by glaring difference between statistics of U.S. authorities and respected international watchdog bodies regarding sexual assault cases. The rise in HIV/AIDS cases is alarming. In 2000, it was reported that 25,088 inmates in U.S. prisons were infected with HIV/AIDS. The higher the incidence of sexual assault in U.S. prisons, the higher the chances of HIV/AIDS spreading in them.29 Reports show the incidence of HIV/AIDS in U.S. prisons is 3 times the outside world rate.30 25: Public Law 108-79 108th Congress: Detnews.com. 26: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 27: Public Law 108-79 108th Congress: Detnews.com. 28: Commission finds that Prison Rapes affect Families, Communities: Stop Prison Rape, Inc. 29: Public Law 108-79 108th Congress: Detnews.com. 30: Commission finds that Prison Rapes affect Families, Communities: Stop Prison Rape, Inc. Measures taken to tackle Sexual Assault in U.S. Prisons President Jimmy Carter signed into law the Civil Rights of Institutionalised Persons Act ( CRIPA) in May 1980. It empowered the Attorney General to set up a Special Litigation Section to instigate investigations and litigations in matters involving conditions of U.S. jails, prisons, juvenile correctional institutions, and State run institutions for Mental Health, Development Disability/Mental Retardation and Nursing Homes.31 This was followed by the Prison Litigation Reform Act (PLRA) that President Bill Clinton signed into law in April 1996. The Act directed Federal courts to allow minimum injunctive relief to carry out improvements in all prison matters. Some of the directives included restriction of funding for special masters’ and attorneys’ fees, prohibition on release of inmates unless the court has tried but failed to find another solution, a limit of two years for such injunctive relief orders, and prohibition of bringing federal action for mental or emotional injury suffered in custody without prior display of physical disease or injury. The PLRA was widely perceived to have limited the powers of Federal courts to implement the rights of prisoners.32 President George W. Bush signed into law the Prison Rape Elimination Act of 2003 on September 4, 2003, marking an important step towards protecting inmates in both men’s and women’s prisons. The Act authorizes the U.S. Attorney General to allocate $ 40 million annually from 2004 to 2010 to State and local governments to formulate and implement result-oriented schemes to forestall, investigate and penalize cases of sexual assault in U.S. prisons. The Act requires the following steps to be taken on two fronts: 31: Civil Rights of Institutionalized Persons: U. S. Department of Justice. 32: Legal Right of Prisoners – The Prison Litigation Reform Act of 1995: Law Library. Investigation and Reporting, and Prevention and Prosecution.33 On the Investigation and Reporting front, firstly the BJS is required to carry out surveys each year covering the incidence and effects of sexual assault inside Federal, State and local prisons. Secondly, the Department of Justice (DOJ) should form a Review Panel on Prison Sexual Assault whose task is to hold annual public hearings to discuss the modus operandi of prisons reporting the highest and lowest number of sexual assault cases. Thirdly, the Attorney General has to submit a detailed report of the BJS and Department of Justice findings to the U.S. Congress as well as the Department of Health and Human Services. Lastly, a National Commission should be set up to first of all investigate prisons sexual assault and submit a report on it to the U.S. Congress for review, and secondly to formulate a set of national guidelines to forestall prison sexual assault and send it to the Attorney General for review.34 On the second front (Prevention and Prosecution), the National Institute of Corrections (NIC) was given two directives. Firstly, it should create a national clearinghouse on prison sexual assault whose task is to supply gathered facts and helpful suggestions to the authorities entrusted with the task of forestalling, preventing and penalising prison sexual assault. Secondly, it should supply training and education programmes aimed at Federal, State and local prison staff.35 Recommendations to prevent Sexual Assault in U.S. Prisons Condoms are undoubtedly effective in preventing the spread of HIV/AIDS as well as other sexually transmitted diseases. This fact has been confirmed by UNAIDS, the U.S. Institute of Medicine and the National Commission on Correctional Health Care 33: No Escape – Learn about Federal Legislation: Human Rights Watch. 34: Ibid 35: Ibid (NHCC). In the U.S., largely due to moral/religious concerns about homosexual sex and the perception of prison officials of negative repercussions on prison security, less than 1% of prisons supply condoms to prisoners. This is in total contrast to countries in West Europe, Canada, Brazil, Romania, Australia and Ukraine. The U.S. reticence is well demonstrated in case of California. Legislation was passed in 2005 to make condoms freely available in the State prisons but the legislation was vetoed by the Governor.36 The second recommendation is that Congress should terminate or alter provisions in the PLRA about requiring that judicially enforceable consent decrees should include findings of federal law infringement, restoring funding for special masters’ and attorneys’ fees to figures that existed before PLRA and changing the present 2-year termination period of injunctive relief.37 The third recommendation is for Congress to reduce prison overcrowding. The first way is to totally stop the famed ‘three-strikes-and-you’re-out’ sentencing policies where persons are convicted upon commission of their third violent crime (the third strike), or stopping its over-enthusiastic enforcement in case the third strike is not a major one that involved violence, or substituting it with another, more realistic policy.38 The second way is to build more prisons or extensions for existing prisons. The fourth recommendation is for Congress to provide adequate funding to prisons to facilitate purchase of requisite equipment, hire more prison staff and implement prison staff training programmes.39 The fifth recommendation is for Congress to provide sufficient funds to the DOJ to 36: Correctional Policy & Condom Distribution: Human Rights Watch. 37: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 38: GREGORY, A. The Real Reason behind Overcrowding in Prisons: The Independent Institute. 39: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. carry out more frequent investigation with higher level of scrutiny of all sexual assault cases and impose codes of conduct laid down by CRIPA. Congress should also review the provisions of CRIPA to assess if they relate to present-day grievances about prison sexual assault.40 The fifth recommendation is for the Special Litigation Section of the DOJ to widen its perception of ‘pattern or practice’ of sexual assault cases and strongly prosecute perpetrators. Secondly, it should also have at least one person in its investigative team who is trained to solicit information from reticent inmates. Thirdly, it should have the backing of a competent attorney to take up cases swiftly and act on them efficiently.41 Lastly, it should set up a secure toll free telephone hotline to receive complaints of sexual assault, and widely advertise the availability of such a service.42 The sixth recommendation is for the NIC to obtain expert assistance to formulate training programmes for all levels of prison staff relating to prison sexual assault, also laying down standard procedures to investigate sexual assault allegations, and maintaining and regularly accessing data on sexual assault cases.43 Expert assistance is recommended from non-governmental organisations familiar with prisoners, while the United Nations’ Standard Minimum Rules could be referred while drafting standard procedures, especially its rules related to the Treatment of Prisoners where male officers are prohibited from holding posts that require close proximity to women inmates.44 The seventh recommendation is for State Departments of Corrections (DOCs) and the Federal Bureau of Prisons (BOP) to set out standard guidelines (relating to investigation, 40: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 41: Ibid 42: Sexual Abuse of Women in U. S. State Prisons: Human Rights Watch. 43: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 44: Sexual Abuse of Women in U. S. State Prisons: Human Rights Watch. collection of proof, outside reporting and treatment of victims) to be followed by prison staff in cases of sexual assault. Secondly, sufficient number of staff should be hired to effectively supervise the total prison population. Thirdly, staff should be trained to detect signs of impending sexual assault and take rectifying steps like moving the intended victim to a holding cell. Fourthly, cells should preferably hold single inmates. Double ceiling of inmates should be avoided especially if an inmate has a record of sexual assault. Fifthly, psychological counseling should be made available for sexual assault victims.45 The eighth recommendation is for State and Local Prosecutors to strongly enforce related criminal laws forbidding sexual assault in prisons by thoroughly checking and prosecuting cases, while departing from the tendency to shirk responsibility by letting prison authorities take care of cases through internal procedures.46 45: Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. 46: Ibid References used: ANON. 2007. Civil Rights of Institutionalized Persons: U. S. Department of Justice. [Online]. Available: http://www.usdoj.gov/crt/split/cripa.htm [1 May 2007] ANON. 2005. Commission finds that Prison Rapes affect Families, Communities: Stop Prison Rape, Inc. [Online]. Available: http://www.spr.org/en/sprnews/2005/0617.asp [1 May 2007] ANON. 2006. Correctional Policy & Condom Distribution: Human Rights Watch. [Online]. Available: http://hrw.org/backgrounder/hivaids/condoms0307/3.htm [1 May 2007] ANON. 2007. Legal Right of Prisoners – The Prison Litigation Reform Act of 1995: Law Library. [Online]. Available: http://law.jrank.org/pages/1765/Prisoners-Legal-Rights-prison-litigation-reform-act-1995.html [1 May 2007] ANON. 2006. Male Rape in U.S. Prisons – Summary & Recommendations: Human Rights Watch. [Online]. Available: http://www.hrw.org/reports/2001/prison/report1.html [1 May 2007] ANON. 2006. No Escape – Learn about Federal Legislation: Human Rights Watch. [Online]. Available: http://www.hrw.org/reports/2001/prison/learn.html [1 May 2007] ANON. 2007. Prison: Encarta.msn.com. [Online]. Available: http://encarta.msn.com/encyclopedia_761573083_8/Prison.html [1 May 2007] ANON. 2005. Public Law 108-79 108th Congress: Detnews.com. [Online]. Available: http://detnews.com/specialreports/2005/prisonabuse/PREA.pdf [1 May 2007] ANON. 1996. Sexual Abuse of Women in U. S. State Prisons: Human Rights Watch. [Online]. Available: http://hrw.org/reports/1996/Us1.htm [1 May 2007] ANON. (N.d). Sexual Assault & Misconduct against Women in Prison: Amnesty International USA. [Online]. Available: http://www.prisonpolicy.org/scans/women_prison.pdf [1 May 2007] BECK, A. J. & HARRISON, P. M. 2006. Sexual Violence Reported by Correctional Authorities, 2005: U. S Department of Justice. [Online]. Available: http://www.ojp.usdoj.gov/bjs/pub/pdf/svrca05.pdf [ 1 May 2007] FELLNER, J. 2006. U.S. Addiction to Incarceration puts 2.3 Million in Prison: Human Rights Worldwide. [Online]. Available: http://hrw.org/english/docs/2006/12/01/usdom14728.htm [1 May 2007] GREGORY, A. 2006. The Real Reason behind Overcrowding in Prisons: The Independent Institute. [Online]. Available: http://www.independent.org/newsroom/article.asp?id=1775 [1 May 2007] MALLORY, J. 1999. Sexual Assault in Prison: The Numbers are Far from Funny: Rtis.com. [Online]. Available: http://www.rtis.com/reg/bcs/pol/touchstone/november99/assault.html [1 May 2007] STEMPLE, L., PATTEN, W. & JEALOUS, B. 2003. Do Something About Prison Rape: Human Rights Watch. [Online]. Available: http://hrw.org/english/docs/2003/09/26/usdom12983.htm [1 May 2007] Read More