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February 12, 2007

More On Prison Rape

Another personal history from Human Rights Watch's report on prison rape, this one with an example of victim-blaming from the authorities:

My abuse started in the County Jail where I was raped by four inmates . . . . [In prison, a few years later,] I was put in a cell with a gang member who made me give him oral sex. . . . . [After reporting the incident to two officers,] I went to see a psychologist who told me that I'd caused that inmate to sexually abuse me because I walked around thinking that I was better than the others. He said that I should come down out of the air . . . . [After being transferred to another facility and sexually abused again,] I was put back in that same building, in a different cell. Still I was being asked for sex and told that I would have to give myself over one way or another; at this point (looking back on the matter), I can see that I was going through a brake down mentally. Anyway that night I'd made up my mind that I was taking my life for it seemed as if that was the only way out of that Hell. So the sleeping medication they was giving me, I saved for 8 days which came to 800 mg and I took them . . . . It is truly impossible to put into words what goes through one's mind when becoming a victim of rape. Being made into a person of no self worth, [being] remade into what ever the person or gang doing the raping wants you to be.



--R.G., California inmate, October 1, 1996



Inmate is an effeminate with a proclivity toward being sexually assaulted. He cannot mainline at San Quentin.



Date: 01/02/91 P. Hicks, M.D., Chief Psychiatrist

And here's another history, though this one is more of a remembrance:

My name is Rodney Hulin and I work at a retirement home here in Beaumont, Texas. I am here today because of my son. He would be here himself if he could . . . . But he can't because he died in [an adult prison]. . . . [At age seventeen], my son was raped and sodomized by an inmate. The doctor found two tears in his rectum and ordered an HIV test, since up to a third of the 2,200 inmates there were HIV positive. Fearing for his safety, he requested to be placed in protective custody, but his request was denied because, as the warden put it, "Rodney's abuses didn't meet the 'emergency grievance criteria.'" For the next several months, my son was repeatedly beaten by the older inmates, forced to perform oral sex, robbed, and beaten again. Each time, his requests for protection were denied by the warden. The abuses, meanwhile, continued. On the night of January 26, 1996--seventy-five days after my son entered Clemens--Rodney attempted suicide by hanging himself in his cell. He could no longer stand to live in continual terror. It was too much for him to handle. He laid in a coma for the next four months until he died.

These are not atypical tales, click on any of the histories and similar horrors unfold. I understand why this is a politically tough issue: There's no political upside to helping criminals, and the prison guard's unions are terrifically powerful on the state level. But politically tough as it may be to address, it's morally abhorrent to ignore. And we have to remember: Every single time we sentence a suspect to jail time, we are tacitly consenting not merely to his imprisonment, but to his savage sexual assault, with all the physical and psychological damage it will bring.

If you want to get involved, or donate money, or learn more, Stop Prisoner Rape is the leading organization on the issue. Their website is here.

February 12, 2007 | Permalink

Comments

There was a federal law passed in '03:

http://en.wikipedia.org/wiki/Prison_Rape_Elimination_Act_of_2003

Unfortunately, it focuses more on attempting to count incidents than doing anything to stop them.

Posted by: John I | Feb 12, 2007 2:44:09 PM

Thanks for turning a light on the most shameful aspect of our society.

Posted by: Will Allen | Feb 12, 2007 2:46:44 PM

The problem is that people think that a man getting raped is kind of funny, and it hardly bears mentioning that prison rape continues to be the subject of humor (I was watching "Office Space" the other night and noticed a prominent joke about prison rape).

We need to prosecute prison rapes just like we would any other rape, and aggressively so. Maybe if we had special prison wings to house the prison rapists, they could spend their enhanced sentences raping each other. That might be worth a chuckle.

Posted by: SWLiP | Feb 12, 2007 3:10:19 PM

It is shameful. What is even more shameful is that rapists are allowed to live after they rape.

If this crime was treated the way it effects its victims, it's punishment would be death.

If you stopped putting rapists into the prisons, that would be one step in curtailing this behaviour. Another would be castration, i.e. cutting off of all appendages, and yet another would be to put men in individual cells, or incredibly harsh punishments, including the death penalty for repeat offenders.

THAT is what works with these people (rapists, killers). If they knew that raping one man would add 25 years to their sentence, I'm inclined to think that it would be a deterent to at least some of them.

...but that's my two cents.

For the men who have to go through this...no crime (except being a rapist or murderer) fits this punishment. But everyone knows this happens in jail. That alone should be a deterent.

And I couldn't help but think as I read this, as a women: Welcome to our world. Now imagine being frightened on a daily basis ...OUTSIDE PRISON because of men like that.

Posted by: LadyK | Feb 12, 2007 3:14:10 PM

A friend of mine once said that if forcible sodomy is to be part of the sentence, then the judges should at least have the guts to impose it in court.



Posted by: IB Bill | Feb 12, 2007 3:18:14 PM

I thank you for bringing this up and Reynolds for giving it an Instapush. I am about as law and order, lock up the criminals, "throw away the key" on some, and pro law enforcement as one can be. And I think that the sexual violence that the system allows in our prisons is an absolute disgrace and a stain on America. There is no excuse except for indifference. In my opinion correctional officers are not to blame as nearly as much as administrators, elected officials and the public.

It is surprising that more victims of prison violence, sexual and otherwise, don't leave prison and immediately murder some of the officials who allow it to continue unabated. Not that it would be justified, but that the humiliation and rage would drive them to seek revenge.



Posted by: mikem | Feb 12, 2007 3:34:10 PM

The problem is that we even have a prison system. Coporal punishment was abandoned for a penal system in the hope that prisoners can be rehabilitated. Nonsense. Prison just makes them worse. We would be far better off giving people beatings in the public square and then sending them on their way. The swifter, more immediately painful punishment would be a better deterent. It would be cheaper. And it would be MORE humane. At least those punsihed wouldn't have to worry about getting raped every day.

Posted by: JDPhD | Feb 12, 2007 3:38:49 PM

The elements of race and ethnicity have a complex and significant bearing on the problem of prisoner-on-prisoner sexual abuse. As previously discussed, racial and ethnic distinctions are nowhere more salient than they are in prison: all social interaction is refracted through the prism of these group differences. Inter-racial sexual abuse is common only to the extent that it involves white non-Hispanic prisoners being abused by African Americans or Hispanics. In contrast, African American and Hispanic inmates are much less frequently abused by members of other racial or ethnic groups; instead, sexual abuse tends to occur only within these groups.

From the Human Rights Watch Report. Next time you hear about the 'Texas Aryan Brotherhood' as a white supremacist gang, remember that they exist first and foremost for self protection.

Posted by: stari_momak | Feb 12, 2007 3:57:35 PM

I believe that JD is the first poster that has mentioned the value of deterrence to society when discussing the justice system.

If JD wishes to explore even further what is best for society, he/she should look at the value of having universal conscription. Problem people would be identified early without having to wait until they commit a crime.

Posted by: Fred Jones | Feb 12, 2007 4:03:19 PM

Prison rape is a problem, yes. But what is the solution? So far the comments here have offered as potential solutions: beatings instead of prison terms, castration, universal conscription, and special prisions where rapists could rape each other. If these are the best alternatives we can come up with, it may explain why the general public is reasonably satisfied with the status quo.

Posted by: JonSK | Feb 12, 2007 4:30:10 PM

echoing JonSK, i find the alternatives presented here at least as abhorrent, possibly moreso, than rampant, tolerated prison rape.

LadyK: and what happens when someone who's been castrated at the behest of those like yourself are exonerated by DNA or other evidence long after the fact?

JDPhD: one might argue that the death penalty should, by your rationale, have a similar deterrent effect. if you care to explain the deiscrepancy, i.e. why the death penalty would not have a deterrent effect while corporal punishment and shaming will, please feel free to elucidate that argument. for extra points, please explain why Scandinavian prison systems, which stress rehabilitation over punishment, have among the lowest recidivism rates in the EU.

Posted by: rigel | Feb 12, 2007 4:41:23 PM

echoing JonSK, i find the alternatives presented here at least as abhorrent, possibly moreso, than rampant, tolerated prison rape.

LadyK: and what happens when someone who's been castrated at the behest of those like yourself are exonerated by DNA or other evidence long after the fact?

JDPhD: one might argue that the death penalty should, by your rationale, have a similar deterrent effect. if you care to explain the deiscrepancy, i.e. why the death penalty would not have a deterrent effect while corporal punishment and shaming will, please feel free to elucidate that argument. for extra points, please explain why Scandinavian prison systems, which stress rehabilitation over punishment, have among the lowest recidivism rates in the EU.

Posted by: rigel | Feb 12, 2007 4:41:43 PM

"please explain why Scandinavian prison systems, which stress rehabilitation over punishment, have among the lowest recidivism rates in the EU."

My guess is that a lot of it has to do with the fact that they imprison Scandinavians. I'd be curious to see how those recidivism rates compare between native born Scandinavians and immigrants. I'd be surprised if they are the same.

Posted by: Colin | Feb 12, 2007 5:01:35 PM

colin:

if that were the case, then Finland's prison system would not be hailed as a "success story."

http://www.optula.om.fi/uploads/anfhavc10(1).pdf

shortly after WW2, their prison population was 4 times higher per capita than the other scandinavian nations, and through a continued emphasis on rehabilitation, they have reduced it to be on a par with the other Nordic countries. read the paper.

from a behavioral standpoint, prison can be a nearly perfect environment for positive change, owing to the lack of outside stimuli. if we treated our prisoners more humanely and offered them a chance to turn around their lives, many of them would become productive citizens and, moreover, take a greater interest in helping those in the lower strata of society. this, however, takes getting past selfish personal desires for vengeance and ingroup/outgroup behavior, which it appears we are unwilling or unable to do.

Posted by: rigel | Feb 12, 2007 5:16:11 PM

Prison rape is a problem, yes. But what is the solution? So far the comments here have offered as potential solutions: beatings instead of prison terms, castration, universal conscription, and special prisions where rapists could rape each other. If these are the best alternatives we can come up with, it may explain why the general public is reasonably satisfied with the status quo.

Of course they're not the best alternatives "we" can come up with. It's the best a random group of blog commenters who spent all of ten seconds thinking about it could come up with. I already linked to it in the last thread but I'll do it again here: some actual recommendations from the compilers of the initial study. I don't know anything about anything, but I know that they actually seem sane.

Posted by: Antid Oto | Feb 12, 2007 5:23:01 PM

Ditto on Scandinavians.

I believe they have the right idea, but we first need a control for race, i.q., etc.

Posted by: Emma | Feb 12, 2007 5:23:50 PM

It is impossible to compare US prisons with European ones. This biggest difference is the fact that a great majority of US prisoners are the disfunctional product of single parent homes. Couple the racial diversity of our prison population with the damaged pathology of the inmates, and there really is little hope of rehabilitation.

Posted by: bryanD | Feb 12, 2007 5:28:22 PM

This biggest difference is the fact that a great majority of US prisoners are the disfunctional product of single parent homes.



bryanD - And this leads to prison rape how, exactly? Do you have any data to suggest that Europeans are more likely to grow up in households that look like Ward and June Cleaver's?

Posted by: Molly, NYC | Feb 12, 2007 6:04:54 PM

"Thanks for turning a light on the most shameful aspect of our society."

How exactly is this the most shameful aspect of our society? We currently have an epidemic of children being raped in their own homes by their own caretakers. In case you haven't noticed, the rate of child porn use is currently skyrocketing, with children as young as infants being exploited. And, oh, yea, we also have thousands upon thousands of completely innocent women and children being kidnapped from their homes and lives and sold into sexual slavery.

Exactly why does the rape of men deserve such an esteemed status?

Posted by: Faith | Feb 12, 2007 6:05:58 PM

"This biggest difference is the fact that a great majority of US prisoners are the disfunctional product of single parent homes."

Right. Single mothers are to blame for prison rape. That's logic right there.

Posted by: Faith | Feb 12, 2007 6:08:51 PM

How exactly is this the most shameful aspect of our society?

Well, the most shameful is hyperboly. However there is a difference between child molestation, which occurs in private homes, and rape in prisons, which are state institutions (or instituions contracted by the state). The state, and thus all of us, is more responsible for what goes on in prisons than what goes on in private households. I would argue, therefore, that prison rape is more shameful.

A start at a solution would be one man per prison cell -- as in the Billy Bragg song 'Rotting on Remand'.

Posted by: stari_momak | Feb 12, 2007 6:18:57 PM

IB Bill hit the nail directly on the head, in my opinion!

"A friend of mine once said that if forcible sodomy is to be part of the sentence, then the judges should at least have the guts to impose it in court."

I try to be a law abiding citizen, but with these new 'secret' laws that we have on the books, who knows? I would rather shoot it out,old western style,and be killed, than to take a chance on gang rape while doing as little as a 90 day term resulting in a HIV/AIDS death sentence! Not to mention the permanent damage to your self esteem and/or masculinity.

Posted by: D.J. | Feb 12, 2007 6:36:19 PM

IB Bill hit the nail directly on the head, in my opinion!

"A friend of mine once said that if forcible sodomy is to be part of the sentence, then the judges should at least have the guts to impose it in court."

I try to be a law abiding citizen, but with these new 'secret' laws that we have on the books, who knows? I would rather shoot it out,old western style,and be killed, than to take a chance on gang rape while doing as little as a 90 day term resulting in a HIV/AIDS death sentence! Not to mention the permanent damage to your self esteem and/or masculinity.

Posted by: D.J. | Feb 12, 2007 6:44:01 PM

If they knew that raping one man would add 25 years to their sentence, I'm inclined to think that it would be a deterent to at least some of them.

How does that work for inmates who have life sentences?

I highly doubt that prison rapists, no matter how many years they're serving, fear anything. They're at the top of the heap in prison. On the outside, they're at the bottom.

Posted by: keshmeshi | Feb 12, 2007 6:48:40 PM

i don't know what the solution is- BUT if the state has deprived a person of his liberty, they have a responsibility to protect his personal safety when they put him in an environment where he is perforce unable to protect it himself.

some possible solutions: let the ATLA get into the act and sue the prisonm authorities for failure to protect the fundamental rights of the incarcerated. I think any trial lawyer ( = scum sucking insect) solution generally to bbe a bad solution, but it may actually provide some deterrance here.

Reform the corrupt and criminal prison guard systems and unions. prosecute prosecute prosecutre. and if they dont comply put the guards in the same jails where they worked.

Posted by: vic | Feb 12, 2007 7:08:39 PM

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