Custodial Sexual Abuse in Prisons

The United States now holds the dubious distinction of having the largest prison inmate population in the world, with an estimated 2,300,000 million prisoners in jails, and state and federal prisons as of June 30, 2007. The rate is increasing by approximately 3% each year with 510 inmates to every 100,000 people in the general population. Over 1.2 million of these inmates are classified as nonviolent offenders who were imprisoned because of a crime, which involved neither harm nor the threat of harm to a victim. Yet, one of the hidden dangers of being sent to prison is the chance of being raped, regardless of whether the inmate is male or female, by the custodial stuff, including correctional guards.

The Human Rights Watch found that prisoner on prisoner sexual abuse is currently a rising issue in the United States prison system, as the number of inmates continually increases. Unfortunately, staff on prisoner sexual abuse is also rising in spite of increased training of staff regarding treatment of prisoners along with fines and incarceration as penalties for becoming involved with a prisoner. What is troublesome is that most prison authorities claim that sexual abuse is an extraordinary occurrence rather than a systematic problem.

Because of this, victims of sexual abuse in prison seldom receive adequate medical care for the mental effects of being raped or for diseases that they may have contracted during a non-consensual sexual act. There cannot be a consensual act when the inmate is effectively restrained by the mere fact of being a prisoner. The fear of those in authority, fear of reprisals, and the danger of retribution if they refuse are part and parcel of sexual abuses committed against these inmates.

Even if a prisoner appears to want a relationship with a staff member or is coerced by a staff member, it is still rape where the inmate is under physical restraint just from being in prison. There is no "walking away" even when the act of rape is cloaked by nice words or actions toward the inmate. There is no place to run or anyone to provide protection from those mandated to protect. Prisoners will frequently offer themselves for sex to one person or a small group just to have protection against the remaining prisoners.

Other inmates may offer sexual favors in order to get special favors, such as cigarettes or toothpaste. Custodial guards have been known to make "special exceptions" by allowing a prisoner to make phones calls, have contraband items, and provide "protection" in return for sexual favors, male and female alike. Women and men are targeted and subjected to assorted and regular forms of sexual abuse ranging from vaginal, anal rape, and forced oral sex. They are often the victims of sexually driven pat down searches and strip searches. Women inmates often have to endure observation by male guards while showering or toileting. Groping, verbal harassment, and sexual threats are a common occurrence.

Women prisoners who become pregnant are not a new situation that has suddenly become an issue in prison. The problem arises when the only men they have had contact with are the correctional officers or other prison employees. Often, the punishment for becoming pregnant is being sent to solitary confinement for having sexual contact with guards. This type of sexual abuse would seem relatively easy for a prison administration to detect and prevent. However, it would seem that most choose to ignore it or make excuses why this would happen. It is no surprise that it is often the inmate who is found to be at fault - as though the male guards had nothing to do with getting that inmate pregnant.

As the issue of rape increases, so do the numbers of those both physically and psychologically damaged. Physical effects vary between individuals and include the transmission of diseases or infections, such as HIV. Post Traumatic Stress Disorder (PSTD), from the psychological stress that inevitably follow sexual abuse is another area of great concern as" victims of prison rape commonly report nightmares, deep depression, shame, loss of self-esteem, self-hatred, and considering or attempting suicide." Because of the damages that accompany sexual abuse, anger and tendencies toward violence often increase. Studies have shown that if the inmate was not a violent inmate when first placed in a prison, they often become violent and remain so, even after being paroled or turned loose once their sentence is completed.

In 2006, it was reported that sexual assault of prisoners in state and federal prisons rose 16 percent. Again, this is not consensual sexual contact, but violent rape. Over 40 percent involved sexual violence against prisoners by the correctional officers who were supposed to be caretaking them. This is even a higher percentage than the number of prisoner on prisoner sexual assault. Studies have shown that white males between the ages of 18 and 24 are far more likely to be raped than other members of the prison population. The perpetrators of rape are typically male-to-male, but in women prisons, it is more often male to female. Amazingly, only 15 percent of reported cases were substantiated by prison officials, probably due to covering for other staff members or against self-discrimination.

The Utah Legislature made it a felony for guards to become personally involved with inmates. "We do training on the new law involving sexual harassment and sexual misconduct with inmates," Ford said. Yet, there should not have been a need for a law to be enacted unless there had already been a problem with guards sexually abusing prisoners. Instead, the typical response about a specific allegation is that the prisoner is just trying to get a different room or special privileges. According to Ford, the biggest problem they have is the guards running off with prisoners once the prisoners have been paroled. In Idaho, for example, engaging in sex with a prisoner carries a life sentence. Most states carry felony criminal penalties against the prison employee for having sexual intercourse with an inmate.

Relationships do occur between correctional staff and prisoners due to the closeness found in working or living in the same facility and this often leads to situational rape. This applies to security staff, teachers and counselors, medical workers, contractors and even religious volunteers. Males regularly supervise females and females regularly supervise males, fostering relationships like these individuals as they are often the only opposite sexual partners available.

Prisons have a legal duty to protect their inmates against abuse, including sexual abuse. Congress and forty-four states have criminalized all sexual contact between guards and prisoners, regardless of consent. Nonetheless, within all prisons guards routinely commit serious sexual offenses against the women and men in their custody. Government administrators know that such abuse is occurring and acknowledge their duty to prevent it. However, they have generally neglected to do much about it, as most prisons have failed to adopt institutional and employment policies that effectively prevent or reduce custodial sexual abuse. In prison, a report of custodial sexual abuse is more likely to result in punishment or retaliation against the prisoner than in disciplinary consequences for the correctional officer.

Sources:

Utah prisons buck U.S. trends, By Geoffrey Fattah Deseret Morning News, 2006

Prison sexuality

'Impunity: Sexual Abuse in Womens Prisons, By Kim Shayo Buchanan

No Escape: Male Rape in U.S. Prisons