Prison rape

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Prison rape commonly refers to the rape of inmates in prison by other inmates or, less frequently, prison staff.

According to the study conducted by the U.S. Department of Justice for the year 2006, there were 2,205 allegations of inmate-on-inmate nonconsensual sexual acts reported, total, in the USA prison system. 262 of the allegations were substantiated. http://www.ojp.usdoj.gov/bjs/pub/pdf/svrca06.pdf

There are other reporting organizations who estimate that the number of assaults are greater, although, still to this point in time, it is all speculation.

According to Human Rights Watch, at least 140,000 inmates are raped each year,[1] and there is a significant variation in the rates of prison rape by race. Stop Prisoner Rape, Inc. statistics indicate that there are more men raped in U.S. prisons than non-incarcerated women similarly assaulted. They estimate that young men are five times more likely to be attacked; and that the prison rape victims are ten times more likely to contract a deadly disease.

Prison rape has become a staple of comedy or drama in films and television. Films such as Office Space, Half Baked, and Let's Go to Prison have used it as a darkly humorous topic, while prison drama Oz contained multiple scenes of rape.

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Research has shown that juveniles incarcerated with adults are five times more likely to report being victims of sexual assault than youth in juvenile facilities (Martin Forst et al., Youth in Prisons and Training Schools: Perceptions and Consequences of the Treatment-Custody Dichotomy, 2 Juv. & Fam. Ct. J. 9 (1989).), and the suicide rate of juveniles in adult jails is 7.7 times higher than that of juvenile detention centers. As states try growing numbers of juveniles as adults, the risk of sexual abuse increases.

Prison rape cases have drastically risen in recent years, mostly attributed to an increase in counseling and reports. The threat of AIDS, which affects many of those raped in prison, has also resulted in the increase of reported cases for the benefit of medical assistance.

According to a detailed study of prison rape in US prisons by Human Rights Watch, white people are disproportionately targeted. The report stated:

Past studies have documented the prevalence of black on white sexual aggression in prison.(213) These findings are further confirmed by Human Rights Watch's own research. Overall, our correspondence and interviews with white, black, and Hispanic inmates convince us that white inmates are disproportionately targeted for abuse. Although many whites reported being raped by white inmates, black on white abuse appears to be more common. [2]

In prison rape, the perpetrator and victim are almost always the same sex (due to the gender-segregated nature of prison confinement). As such, a host of issues regarding sexual orientation and gender roles are associated with the topic.

Many prison rapes in female prisons are instigated by a prison guard against an inmate.[1]

In U.S. male prisons, rapists generally mystify themselves as heterosexual and confine themselves to non-receptive sexual acts. Victims, commonly referred to as "punks" or "bitches," may or may not be seen as homosexual. "Punks" is a term for those who are generally confined to performing receptive sexual acts. Moreover, though "punks" are coerced into a sexual arrangement with an aggressor in exchange for protection, these men generally consider themselves heterosexual.

Transgendered inmates face further difficulties, and Stop Prisoner Rape asserts that such inmates have an almost certain chance of being sexually assaulted in prison. Some prisons separate admitted homosexuals, bisexuals, and transgenders from the general prison population to prevent rape and violence against them.[citation needed] Not surprisingly, many heterosexuals identify themselves to authorities as homosexuals so that they will be sent to the 'gay tank' where they will be protected from homosexual rape.[citation needed] There are, however, other methods to get oneself segregated from population such as rule infractions or feigned suicide attempts. Other inmates have resorted to killing their rapist (or probable future rapist), particularly those who already have long sentences and are thus virtually immune from legal consequences.

Shame regarding perceived homosexuality may contribute to the under-reporting of prison rape by victims.[citation needed] Prison rape statistics are much higher than reported, as many victims are afraid to report, being threatened with physical violence by rapists if reported, as well as staff indifference.[citation needed]

According to SPR.ORG, a website devoted to combating rape in prison, one in ten male inmates is raped in prison, mostly by fellow prisoners. Among women the number is one in four and the offenders are more likely to be prison staff members. According to the same source new Federal Law, Public Law 108-79 was passed in the United States in 2003. According to the same website,

The bill calls for the gathering of national statistics about the problem; the development of guidelines for states about how to address prisoner rape; the creation of a review panel to hold annual hearings; and the provision of grants to states to combat the problem. "Unfortunately, in many facilities throughout the country sexual abuse continues virtually unchecked," said Stemple. "Too often, corrections officers turn a blind eye, or in the case of women inmates, actually perpetrate the abuse. We hope federal legislation will not only create incentives for states to take this problem seriously, but also give facilities the tools and information they need to prevent it."[3]

Many human rights groups, such as the Human Rights Watch and Stop Prisoner Rape, have cited documented incidents showing that prison staff tolerate rape as a means of controlling the prison population in general.

The topic of prison rape is relatively common in American humor. Jokes such as "don't drop the soap" seem to suggest that prison rape is an acceptable consequence of being sent to prison. This phenomenon is exemplified by the 2006 U.S. feature film Let's Go to Prison. Songs have also been composed about the topic, e.g. the song "Prison Bitch".

U.S. Federal law, under the Prison Rape Elimination Act of 2003, calls for the compilation of national prison rape statistics, annual hearings by a review panel, and the provision of grants to the states to address prison rape. A first, highly-controversial and disputed study, funded under the PREA by Mark Fleisher, concludes prison rape is rare: "Prison rape worldview doesn't interpret sexual pressure as coercion," he wrote. "Rather, sexual pressure ushers, guides or shepherds the process of sexual awakening." [2]

In Russian male prisons, prison rape is quite common. There are many taboos in Russian prison culture associated with this topic.

Victims of rape belong to the very bottom of prison hierarchy, to the layer called "opushchennye" (Russian: опущенные; literally, "those who were moved down", singular "opushchennyi" ("опущенный")) or "petookhi" (Russian: петухи; literally, "roosters", singular "petookh" ("петух")). The circumstances of rape doesn't matter; the very fact of homosexual contact in passive mode makes prisoner a "petookh"; thus, if a prisoner had a homosexual contact before prison and this fact becomes known to other inmates, he is also moved to this group.
But, according to "proper" traditions, there are very few reasons for raping a prisoner:

1) Circumstances of life before prison:
a) Homosexual contacts and even some forms of heterosexual contacts considered "disgraceful" by prison traditions (e.g. cunnilingus). It should be noted that nobody may force a prisoner to tell about his sexual life;
b) Sexual crimes, especially against minors. Even the criminal community has very low tolerance to such crimes, and prisoners sentenced for child sexual abuse etc. are usually routinely beaten, raped and tortured in prison. Sexual crimes against adult women may also lead to rape, but more rarely;
c) Former militsiya guards, judges, attorneys etc. are usually confined in special prisons, but if for some reasons they are put to common prisons, they are usually raped there.

2) Actions during imprisonment that seriously violate prison traditions:
a) Lodging information against other inmates to authorities;
b) Theft of other prisoners' property;
c) Failure to pay debt in time, especially after playing cards or other games;
d) Acts of bespredel (see below), e.g. beating and raping other prisoners by orders of the prison authorities.

When somebody is raped without a proper reason, this is considered as bespredel (Russian: беспредел; literally, "without limits") - an action that seriously violates rules and traditions of criminal community. In such a case, the rapist himself sometimes may be raped, but the status of the prisoner that is raped by "bespredel" doesn't change. "Petookhs" are untouchables: other prisoners may touch them only during the sexual contact; they live in a separate corner of a prison cell, every object that is touched by a "petookh" is befouled: if another inmate touches it, he becomes a "petookh" too; it is even forbidden to beat "petookhs" with hands (only beating with legs or some objects is permitted). Talking to other inmates without a special reason is generally not permitted. "Petookhs" are forced to do the most filthy job: to clean toilets, to empty trash cans, etc.
When another prisoner requests sex, a "petookh" must obey or he will be beaten or raped (but in some prisons traditions permit only voluntary sex with "petookhs"). After the sexual contact, the prisoner who had sex with a "petookh" is expected to pay him with food, cigarettes etc., thus making this contact an act of prostitution. "Petookhs" are often given female names (Sveta, Masha, Tanya etc.) and must respond when they are called by these names.
When a "petookh" is transferred to another prison where nobody knows him, he must immediately inform other inmates about his status. Failure to do this may lead to very severe consequences to the "petookh" including his murder when his status becomes known.

The status of "petookh" is life-long, there is no way to get out of this layer (At least until the inmate is released or paroled; but if he is jailed again, he will again be considered as a "petookh".) The very word "petookh" is a taboo: inmates tend to use it as little as possible. To call somebody "petookh" when he is not the one is a very hard insult that may lead to death.

  • [3] "No Escape: Male Rape in U.S. Prisons," Human Rights Watch, accessed 20 Aug 2006.
  • [4] "The Basics on Rape Behind Bars," Stop Prisoner Rape, Inc., accessed 20 Aug 2006.
  • [5] Alex Coolman, "Trivializing Prison Rape," CounterPunch, August 1, 2003.
  • [6] Steve J.B., "Prison Bitch," CounterPunch, August 1, 2003.
  • [7] Joanne Mariner, "Preventing Prison Rape, FindLaw.com, June 24, 2002.
  • Martin Forst et al., Youth in Prisons and Training Schools: Perceptions and Consequences of the Treatment-Custody Dichotomy, 2 Juv. & Fam. Ct. J. 9 (1989).

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