Sexual Assault in our Prisons

One of the most frightening aspects of going to prison is not the likelihood of bad food, or the fact that you’ve essentially lost most of your freedom. Perhaps instead it is the threat of being sexually assaulted. Between 2000 and 2004 prison rape allegations jumped 200%. Research has shown that both inmates and guards are perpetrators, and until President Bush signed the Prison Rape Elimination Act of 2003, nothing was being done to combat the issue. Some argue that the purpose of incarcerating individuals is to protect the public, not to protect inmates from each other. However the United States Supreme Court ruled that rape in prison constitutes as cruel and unusual punishment, and therefore measures must be taken to eradicate the problem.

Rape in our prison system is very real.

Homosexuals are targeted and forced into prison prostitution. But prison rape is mostly used as a tool to gain a more powerful position in the “prison sexual hierarchy”. One report showed that there were over 60,000 sexual assault allegations throughout the United States prison system in one year. Consider that these were just the attacks reported. The stigma associated with rape, especially male on male rape, quite possibly deters inmates from reporting their attacks. In a prison setting it is important to maintain the “tough guy” front. A sexual assault in prison essentially strips an individual of his manhood, something that is necessary for survival while incarcerated.

Male and female inmates are both perpetrator and victim, and male and female guards are both perpetrator and victim. Juveniles are at the most risk for being sexually assaulted while incarcerated. The Texas DOJ investigated 232 guard-on-inmate rapes resulting in 43 sentences. A national commission on inmate sexual assault found that female guards were also perpetrators who take advantage of male inmates. Some may find this last piece of information difficult to take seriously. Wouldn’t an incarcerated male, who’s probably been without sex for a long time, want to have sex with a woman? This may be the case for some sexual encounters between female guards and male inmates, and although it is rare, it is not the case for all occurrences.

There has been a recent push by legislatures and criminal justice advisors alike for the prisons in the United States to create new means to alleviate this problem. Prisons are encouraged to enforce a zero tolerance policy and to have a regulated system that allows inmates to report occurrences without threat or fear of retaliation. There is also encouragement for better leadership and oversight of this issue. Although these are just suggestions, if prisons do not comply they risk losing their federal funding.

One question we might want to consider is, “Would the allowance of sex between two consenting males in prison help to relieve the sexual tension and frustrations that may be associated with prison rape occurrences?” This thought just sort of sprang out of me, but is it a far-fetched idea? If we could allow and regulate sex in a healthy and sanitary way it may be possible to change the dynamics of sex in prison. Would it be worth a try?