Running Head: RAPE IN PRISON 1
Rape in Prison
Shua Sanaullah
Liberty University
RAPE IN PRISON 2
Abstract
This research paper informs the audience about the different reasons of why an inmate gets an
additional punishment of being raped in the correctional facility either by force or threat. And
though this additional punishment is not set by law, but then why no law is created to stop this
crime committed against the criminals? Many know that this crime is being committed in the
presence of law officials; yet, they act like that it is a myth or a lie. Some blame the victim and
some believes that if it is happening then the victim somehow deserves it because they are
criminals too. However, if the criminal is sent to prison to become better, then how will rape and
destroying their dignity will help them become better? The arguments and the research has been
a strong matter for years, but unfortunately there is still no end to this horrifying act yet.
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Rape in Prison
Prison rape is a very disgusting issue around the world. Unfortunately, the topic of prison
rape is not talked about most of the time, many ignores it or accepts it sooner or later. However,
prison rape is cruel, inhumane, and is threatening to the spirit and life of a human being. Rape
destroys the soul, the future, and the life of the man or woman. Reggie B. Walton, the Chair of
the National Prison Rape Elimination Commission, describes in the executive summary report,
the unfair and violent behaviors acted towards the prisoners saying, “…prisoners have the same
fundamental rights to safety, dignity, and justice as individuals living at liberty,….Tolerance of
sexual abuse of prisoners in the government’s custody is incompatible with American value”
(Walton, 2009). Criminal law says, “Rape is second only to murder in being regarded by law and
society as the most serious crime” (Samaha, 2008). Rape is devastating either done on men and
women living in the respectful society or criminals in prison. Prison rape is not part of the
punishment that is given to the defendant, so it should not be tolerated or ignored; instead, the
problem of prison rape should be considered and cured. As Walton states, “Sexual abuse is ‘not
part of the penalty that criminal offenders pay for their offenses against society’ —U.S. Supreme
Court” (Walton, 2009).
History of the Topic
No one really knows for sure when this horrible act began because no one ever took
actions or cared to stop it. There is no law created to stop it or no witness is safe to come
forward. Even law officials at the facilities or guards are scared or careless to take action if they
witness the act or they simply blame the victim.
Early Topic History
Some of the main reasons of prison rape are; to gain power and domination, revenge,
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sexual pleasure satisfaction, and selling victims for material stuff. And some inmates commit this
crime simply because they are trying to protect themselves from becoming a victim to other
inmates and groups. “It's either rape or be raped and the racial tension doesn't help any”— W.M.,
Texas, 9/13/96. The main victims of this awful act are first-time prisoners, young adults, gays or
lesbians, individuals of small built, individuals who seem scared or shy, loners, and men with
feminine features.
Topic Changes through [the 20th century]
“In 1968, Alan Davis (1982) reported that over a 26-month period, at least 2,000 (3%) of
60,000 men in the Philadelphia prison system had been sexually assaulted.” (Struckman &
Struckman, 2013). This issue has been part of the arguments and discussions throughout history.
Unfortunately, nothing has been done.
Current Topic Conditions
“Since the passage of PREA, research on sexual violence in prisons has revealed several
factors associated with inmates’ elevated risk of victimization and mental health issues,
including, but not limited to, a history of CSA and identifying as gay or bisexual” (Ratkalkar &
Atkin-Plunk, 2017). New programs and acts are being released to protect the rights of prisoners
and to keep them safe and protected from harassments. However, it is a very slow and delicate
process because there are new victims still being born.
Description of the Problem
Men and women were and are equally victims of the prison rape trauma. The rape victims
are threatened on daily basis for their life, tortured, abused, humiliated, stripped, beaten up,
bruised, slashed, scratched, marked with cigarette burns, stabbed, repeatedly raped or sodomized
etc. In old times and still in many places today, the rape victims are not hospitalized or treated
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properly after they are abused or beaten up. The rape victims are left bleeding in their cells, not
properly taken care of or medicated. The victims become sick with infections and other diseases,
but remain untreated. “In 1996, Stephen Donaldson of SPR and other victims of brutal prison
rape—one consequently infected with HIV—was featured in the top-rated CBS news program
Sixty Minutes. A surge of media publicized our research finding that 19% of male inmates in the
Nebraska prison system had been sexually coerced since incarceration. Human Rights Watch and
Amnesty International released reports about the sexual abuse of female inmates by correctional
staff that detailed shocking stories of forced prostitution, unwanted pregnancies, and forced
abortions” (Struckman-Johnson, 2013).
Summary of the Literature
In the journal, International Journal of Offender Therapy and Comparative Criminology,
the author examines and provides research on the responds to incidents of sexual victimization in
correctional institutions. It suggests that inmates become victims in the very first twenty-four
hours of entering the prison or jail system. The purpose of this journal research is to find out the
beliefs of the correctional officers about the sexual assaults in correctional systems. Inmates of
higher risk of becoming the target of rape victims include; females, White, college graduates,
homosexuals, previous victims, inmates with violent offenses, or inmates with a history of
mental health problems.
In the journal, Journal of Interpersonal Violence 2017, the authors, Mina and Cassandra,
talks about the voice of the inmate victims. It talks about the struggles of the victims if they
should ask for help or keep to themselves and survive until their sentence is over. This journal
examines that many inmates do not even seek help or become predators after being victimized.
The abuse and unnecessary violence against prisoners produce aggressive and sadistic
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individuals/victims. The rape victims finish their sentences, obtain their freedom, but do not
learn the lesson from their punishments that they were sent to prison for, to learn to change their
life-style, their behavior to live according to law in the society outside the prison. The rape
victims end up committing more crimes.
In the journal, The Prison Journal, the author talks about the working programs to stop
the prison rapes by creating laws and solutions. Anthony Scacco Jr. (1982) supported
classification of vulnerable inmates, coed schooling and education opportunities, work release
programs, and protection for youthful offenders to help decrease the sexual aggression. Many
books, articles, and works are being done to present this issue and to help become the voice for
those who cannot speak for themselves.
Topic Case Studies
Every person should have a voice especially the victims; prisoners or free. Unfortunately,
not everyone gets heard or is able to find strength or courage to speak or stand for them. As part
of this research effort, I will summarize the following three cases to highlight or support this
issue of prison rape.
Case Study No. 1 – National Prison Rape Elimination Commission Report. Pg#57. Retrieved
from: https://www.ncjrs.gov/pdffiles1/226683.pdf
This study was done by the honorable Chair, Reggie B. Walton, to ensure safety for prisoners
from any harassment or sexual misconduct. The agency acts on any complaint or incident
reported immediately. The agency reviews all management officials and policies to determine the
truths about the incidents and complaints. The agency even makes sure that if any policies or
practices need to be changed to better protect and prevent future incidents. The agency has strict
disciplinary sanctions for staff including termination if the sexual abuse policies are violated. In
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Farmer v. Brennan, the Supreme Court ruled unanimously that deliberate indifference to the
substantial risk of sexual abuse violates an incarcerated individual’s rights under the Eighth
Amendments.
Case Study No. 2 – Prison Homosexuality: Myth and Reality – (Propper, 1981).
This case study shows that “in the 1965 report of homosexuality among white men in and out of
prison, Gebhard et al. found that homosexual behavior, like most sexual behavior, first occurred
in adolescents. About half of those with a homosexual experience had had an experience by age
fifteen, and most had one by the time they were eighteen”. “The researchers also report that some
homosexuality occurred in previous institutions. High rates of pre-prison homosexuality were
also obtained in Clemmer’s (1958, p. 384) study of adult-male felons incarcerated at the Menard
State Prison in Illinois. He interviewed 240 of the 1,900 inmates and found that 43 percent
reported a prior oral or anal homosexual experience either in the free community, in juvenile
institutions, or in other adult penal institutions.”
Case Study No. 3 – Prison Inmates’ Views of Whether Reporting Rape Is the Same as Snitching:
An Exploratory Study and Research Agenda https://doi.org/10.1177/0886260512468238
This case study shows that “in a recent study, Miller (2010) cited several reasons why Texas
prison inmates would not report sexual assault. Thirty percent of inmates would not report due to
embarrassment, 29% anticipated retaliation, 21% feared harassment by inmates, and 7% did not
want to land in protective custody”. “Prison and jail staff has identified aspects of the prison
culture as barriers to reporting sexual assault, such as stronger inmates being entitled to take
what they please and inmates being expected to do their own time and not interfere with others”.
“In the New Mexico State Prison riot of 1980, snitches were sought out and killed by fellow
inmates. Some of these inmate snitches were severely tortured, falling victim to rapes,
RAPE IN PRISON 8
mutilations, beheadings, and even being set on fire”. “Fear of being labeled a snitch and its
consequences should naturally enter the calculation of whether to inform prison authorities about
sexual violence as suggested by Miller’s (2010) study.”
Administrative Application
The Eighth Amendment strictly prohibits cruel and unusual punishment. And the Fourth
Amendment protects the rights of prisoners when being searched by opposite sex officers. “To
treat men and women as equals does not require that courts ignore that differences exist. Even
prisoners, men or women, are entitled to a modicum of privacy and are entitled not to be
embarrassed by needlessly requiring that they expose their nakedness and private parts to guards
who are of the opposite sex.” — Timm v. Gunter2 (Capers, 2015, p.#857). Both of these
amendments protect the victims in prison. It is true that prisoners are deprived from many rights,
like; freedom, voting, privacy, or warrantless searches. However, they do have rights to speak,
complain about harassments, or any injustice committed against them. Any punishment a
prisoner is entitled to for their crimes committed is given to them by the court before they enter
the prison. They should not have to suffer any more than what the judge orders in the courtroom.
I am offering the following suggestions to address the issue of rape in prison.
Appoint undercover officials to witness the truth and investigate who all are involved in
allowing such crimes in the custody of law.
Build in more security through cameras and computer technologies to assure the
protection of the inmates.
Once caught, should be punished with severity to set an example for other officials and
prison rapists.
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Biblical Perspective
The Bible talks, teaches, and warns us about a lot of different subjects of life; including
rape. It does not necessarily talks about men being raped or prisoners in the correctional
facilities. However, the Bible does talk about injustice against weak and the ones who cannot
protect or stand for themselves. “Do not pervert justice; do not show partiality to the poor or
favoritism to the great…” (Leviticus 19:15a, NIV). This verse talks about the authorities who do
not show justice to the rape victims in prisons under their protection. Instead, they accuse and
blame them for being a homosexual or weak to not be able to protect themselves. Or the
authorities also favor the rapist because they fear them or care less about the criminal victim of
rape.
The Bible also teaches us, “Rescue those being led away to death; hold back those
staggering toward slaughter. If you say, “But we knew nothing about this,” does not he who
weighs the heart perceive it? Does not he who guards your life know it? Will he not repay each
person according to what he has done?” (Proverbs 24:11-12, NIV). This verse clearly explains
that God knows everything and everyone’s intentions. God knows when the guard at the prison
ignores the cries and complains of the rape victim under their supervision and acts like that they
did not see or hear anything. God also knows when the prison officials care less about protecting
the victims under their supervision; instead they protect their own image and reputation.
Commentary
Following my research on the topic of Rape in Prison, I will offer my opinions suggesting
that there has to be laws made to strictly prohibit and build up more security with additional
cameras or technology to help prevent this horrendous crime committed against criminal or not. I
agree with all the authors who worked in preparing the information and stories of these prisoners
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to help them get their truth out in light and try to get them justice for this unjustified act
committed against them for no good reason. “I have been sexually assaulted twice since being
incarcerated. Both times the staff refused to do anything except to lock me up and make
accusations that I'm homosexual and that if I pursue legal action they'd ship me and both times
they did.” — J.G., Florida, 9/4/96.
I believe that rape is a devastating issue of the prisons which is unspoken, uncovered,
uncured, and yet been a fearful threat for many prisoners for years. Rape is considered the
second most serious crime. Just like, a murder kills the flesh; rape murders the soul. The rapists
give a tremendous amount of depression and torture to their victims. The rape victims have been
suffering and going through the pain and humiliation without being able to find help or support.
Even the authorities take advantage of the fearful prisoners; sexually, emotionally, and mentally.
The prison authorities threaten their victims or torture them if they refuse to surrender or if they
tell on them. Life in prison is not fun, or relaxing time from work or school, or other hardships in
life. In fact, life in prison is much harder and humiliating in every way. Very few prisoners come
out of prison and gain if any respect from the society outside. On the other hand, rape makes it
worse for innocent prisoners who did not commit any crime, but were sent to prison on false
trial. The good news is that programs like the National Prison Rape Elimination Commission is
reviewing and revising the Amendments of the Constitution to set laws against abuse and torture
in prisons. The only thing I would say and suggest is to listen, believe, help, and stop before
another victim is born. “As the many male victims of rape in the regime's disgusting jails can
testify, this state-run pathology of sexual repression and sexual sadism is not content to degrade
women only.” ― Christopher Hitchens, Hitch 22: A Memoir
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References
Capers, I. B. (2015). Unsexing the Fourth Amendment. University of California, Davis. Article,
48, 855-919. Retrieved from: https://lawreview.law.ucdavis.edu/issues/48/3/Articles/48-
3_Capers.pdf
Cook, C. L., & Lane, J. (2017). Responding to Incidents of Sexual Victimization in Correctional
Institutions: Correctional Officer Perspectives. International Journal of Offender
Therapy and Comparative Criminology, 61(15), 1651–1681.
https://doi.org/10.1177/0306624X16631347
Garland, B., & Wilson, G. (2013). Prison Inmates’ Views of Whether Reporting Rape Is the
Same as Snitching: An Exploratory Study and Research Agenda. Journal of
Interpersonal Violence, 28(6), 1201–1222. https://doi.org/10.1177/0886260512468238
J.G. & W.M. (1996). Personal inmate interview. PRISONERS' VOICES. No escape male rape in
U.S. prisons. Retrieved from: https://www.hrw.org/reports/2001/prison/voices.html
Propper, A. M. (1981). Prison Homosexuality: Myth and Reality. Lexington: D.C. Health and
Company.
Ratkalkar, M., & Atkin-Plunk, C. A. (2017). Can I Ask for Help? The Relationship among
Incarcerated Males’ Sexual Orientation, Sexual Abuse History, and Perceptions of Rape
in Prison. Journal of Interpersonal Violence. https://doi.org/10.1177/0886260517714440
Samaha, J. (2008). Chapter 10: Crimes Against Persons II: Criminal Sexual Conduct, Bodily
Injury, and Personal Restraint. In Criminal Law, 9th ed., pp. p328-366. Australia:
Thomson Wadsworth.
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Scacco A. M. (1982). Male rape: A case book of sexual aggressions. New York, NY: AMS press.
Struckman-Johnson, C., & Struckman-Johnson, D. (2013). Stopping Prison Rape: The Evolution
of Standards Recommended by PREA’s National Prison Rape Elimination Commission.
The Prison Journal, 93(3), 335–354. https://doi.org/10.1177/0032885513494567
Walton, R. B. (2009). National Prison Rape Elimination Commission: Standards for the
Prevention, Detection, Response, and Monitoring of Sexual Abuse in Community
Corrections. Retrieved from: https://www.ncjrs.gov/pdffiles1/226683.pdf
