Inmate misconduct is a common phenomenon, but prison rape has not received much attention from government officials and researchers. Rape is a degrading act that alters a victim’s self-esteem and perception. In prison settings, rape is prevalent since there are no adequate reporting and disciplinary procedures. Besides, prison staff encourages prison rape since they are also beneficiaries of the act. Some of them manipulate female prisoners to have sexual relations with them. Rape in male prisons occurs due to sexual deprivation, violation of prison code, or dominance. The current prison reform laws have not addressed the victims’ rights, making it difficult for them to attain justice.
Keywords: prison, rape, victims, causes, correctional officers, risk factors
Rape has a long-lasting impact on the victim’s emotional and psychological wellbeing. Despite the adverse consequences associated with rape, society has continuously ignored sexual violence cases in prisons. Unlike the rape incidences in community settings, prison rape is considered a punishment for incarcerated individuals. As a result, rape has become prevalent in correctional settings for different reasons. One of them is the long-term deprivation of sexual encounters. The local, state, and federal officials have not implemented adequate measures to address this problem. Some rape incidences involve the inmates and the prison staff. Correctional facilities' structure has made it difficult to address prison rape, which is evident due to perpetrators’ personal beliefs and gender and physical characteristics associated with the victims.
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Incidences of rape are prevalent in US prisons. The US Department of Justice (DOJ) released a report claiming that every year there are 149200 incidents of sexual violence and assault among incarcerated individuals, with more than 55000 being committed by correctional officers (Kubiak et al., 2018). Non-consensual sexual activities in prisons include vaginal, oral, and vaginal penetration. The majority of prison rape victims are women, white people, and individuals with high educational attainment (Hilinski-Rosick & Freiburger , 2018). There is a common assumption that such individuals are incapable of defending themselves, making them vulnerable to sexual violence. Perpetrators attempt to assert power and control in correctional facilities using sexual violence. Some victims claim that they have experienced sexual victimization from the prison staff members, others from their peers, and small percentages from their peers and correctional facility staff (Hilinski-Rosick & Freiburger , 2018). The statistics of prison rape worries the public about the safety of inmates. Besides, prison facilities have a unique set of rules that encourages rape. The prison staff members who are supposed to offer protection to inmates ignore reports on sexual violence. Although sexual contact between the prison staff member and an inmate is illegal in most states, there are incidences involving the prison staff members forcing the inmates to have sexual relations (Kubiak et al., 2018). Due to power imbalances in correctional facilities, most prisoners fear interacting with their peers or correctional officers. As a result, inmates are likely to avoid areas associated with rape, including common rooms, dorms, and showers (Ratkalkar & Atkin-Plunk , 2020). Some inmates seek protection by engaging in sexual favors. Indeed, rape is typical behavior in both male and female prisons.
Different factors contribute to prison rape incidences. One of them is being new to prison (Ahlin, 2018). New inmates are considered weak since they do not understand the working of prison facilities. Besides, the new inmates are likely to be in circumstances that make them the target of sexual violence. For example, they might not know about the right time to visit the showers or how to protect themselves. Another factor contributing to prison rape is sexual deprivation among inmates (Hilinski-Rosick & Freiburger , 2018). Mainly, male inmates who have been denied conjugal rights are likely to seek sexual gratification in new inmates. Some male prisoners believe in the idea of “inner homosexual,” which refers to gay tendencies in people, which require exceptional circumstances to emerge (Hilinski-Rosick & Freiburger , 2018). Sexual relationships in prisons are mostly non-consensual. Female inmates engage in sexual activities with correctional officers since incarceration denies them liberty, such as sexual activity (Brenner et al., 2016). The complex nature of prison facilities makes the sexual activity between an inmate and correctional officer a crime. In some cases, the sexual activities are non-violent, with some element of consent, and may display no resistance from the victim (Brenner et al., 2016). Sexual deprivation in prison facilities enhances bartering and exploitation. Thus, sexual activity between prison staff and an inmate is illegal due to the power imbalance between the two parties. Being young is another factor that enhances prison rape. Inmates between 18 and 25 years old are likely to experience sexual victimization (Ahlin, 2018). Some inmates find young adults as sexually appealing, while others consider them as naïve. As a result, the inmates may force young prisoners to engage in non-consensual sexual acts in exchange for protection. Physical stature can also predispose an inmate to rape. Prisoners who are short and skinny are more likely to be victims of sexual assault than inmates who are tall and well-built (Ahlin, 2018). The assumption is that short and thin inmates cannot fight, creating a power imbalance. Rape in prison relies on power and control; the offenders focus on aggressive masculinity that prioritizes dominance. Inmates, mostly men, use rape to assert dominance and force other men into submissive positions (Hilinski-Rosick & Freiburger , 2018). Since inmates share most facilities, they are likely to have witnessed rape incidences more than the general public.
Another factor that contributes to rape in prison is an inmate’s gender and sexual identity. Prisoners who identify as transgender, have feminine characteristics, or are gays, are likely to be victims of rape (Ahlin, 2018). Gay and bisexual inmates tend to exhibit feminine mannerisms, and other prisoners may presume that they are available for sexual relations. Correctional officers and inmates are likely to encourage male-to-male sexual contact, even if it is coerced, as they consider it an act that they enjoy (Ratkalkar & Atkin-Plunk , 2020). In prisons, gays and bisexuals have no social power, making them targets of sexual assault. Besides, the correctional officers and male inmates perceive the rape victims as gays regardless of their orientation. This perception puts the victims at risk of future sexual assaults.
Gang affiliation can reduce a prisoner’s chance of being a victim of rape. Inmates who have no protection from gang members are likely to be victims of sexual assault since no one is to protect them (Ahlin, 2018). Prisons are about survival, and most inmates join certain groups seeking protection against racially-charged or sexual violence. The majority of the prison gangs engage in illegal activities, such as drug trafficking, support of contraband markets, and running a separate economy (Paat et al., 2020). In prison gangs, the members have to prove their loyalty and be willing to serve for life. Hence violation of the inmate code can predispose an inmate to sexual assault. The convict code requires the inmates to be loyal to each other, avoid talking to prison staff, and maintaining dignity (Mitchell et al., 2017). Anyone who violates this code may experience sexual victimization. Rape is considered one of the most degrading acts in prison; it happens to the weak and disloyal members.
Prison culture and the attitudes of the prison staff also exacerbate the prevalence of rape in male prisons. Black inmates are likely to be victims of rape perpetrated by correctional officers (Ahlin, 2018). Correctional officers have a negative perception of male prisoners; they consider them as violent and rude. In 2013, the DOJ estimated that 37.5% of inmates in federal prisons were African Americans (Brenner et al., 2016). The criminal justice system has sentenced more black people to prisons than white people, creating the idea that African Americans are less worthy than their white counterparts. In return, black-on-white sexual assaults are prevalent in most male prison facilities (Ahlin, 2018). The main reason is the hatred that black people have against white people. Black people believe that the US' institutionalized racism is why they are disproportionally represented in the correctional facilities. As a result, they consider rape as a means to fight white supremacy and exert their dominance. Unlike in male prisons, female prisons have insignificant cases of rape. Most female inmates join “play” families, which provides companionship as a coping mechanism (Hilinski-Rosick & Freiburger , 2018). These play families do not encourage sexual assault. Male prisons have high cases of rape due to masculinity concepts such as power and control.
Nevertheless, being a woman can be a risk factor for rape in prison facilities with male staff members. Although most sexual assault incidences occur among female prisoners, a recent study unveiled that 41% of the rape cases involve correctional officers (Fedock et al., 2016). Perpetrators tend to be male prison staff members. Rape is prevalent in female prison facilities since the correctional officers believe female inmates cannot legally give consent, given that they are not free (Brenner et al., 2016). Women are considered weak and unable to fight the perpetrators. Hence, most victims include sick, older, and younger women (Brenner et al., 2016). At times, the perpetrators claim that the victim wanted the sexual act to happen. Historically, women have been considered second to men in the social hierarchy (Brenner et al., 2016). Some male correctional officers have this mentality; they can inflict sexual assault on women without facing the legal consequences. In other instances, both the inmates and prison staff research an inmate’s sexual history; they intend to know her sexual past to determine whether they can sexually assault her (Brenner et al., 2016). Female prisoners tend to receive blame instead of support when they encounter sexual assault. Consequently, some inmates may consider rape as part of their punishment. In prison, the staff members deny the inmates their money, contacts, and rights, making them feel powerless, helpless, and gullible (Brenner et al., 2016). The feelings of powerlessness explain why rape is rampant in female prisons and why the correctional officers rarely address it. One of the most prevalent assumptions is female prisoners lie about rape so that a given officer can be punished for imposing certain punishment (Brenner et al., 2016). This perspective has made it difficult for rape victims to attain justice in prison facilities. Although female prisoners know the perpetrators, they avoid reporting sexual assault since they could face retaliation.
Furthermore, the victims of rape in prison settings avoid reporting the incidences since the prison authorities and the public would not believe their testimonies. Inmates, especially women, face the challenge of overcoming the brand of deviance and the prison staff's high social standing (Brenner et al., 2016). Their incarcerated status makes it difficult for them to convince the public that the officials who are put in prison to ensure law and order can be perpetrators of rape. The general public perceives the correctional officers as people with proper judgment, physical strength, self-discipline, and interpersonal skills (Brenner et al., 2016). These traits are in contrast to the low self-control evident in people who have committed crimes. The difference between the correctional officers’ characteristics and inmates’ character impairs any effort to bring attention to rape in prison. People believe that prison staff is distinct from the inmates they supervise. On the contrary, some correctional officers have gang affiliations, psychological problems, and criminal past (Brenner et al., 2016). At times, the prison screening processes are shoddy, allowing the prison officials to select applicants with questionable backgrounds. Inmates are aware that some prison staff members are linked to prison gangs, and thus, they fear reporting sexual assault will cause retaliation. Some correctional officers issue misconduct tickets, add time to inmates’ sentences and use physical violence to silence the rape victims (Brenner et al., 2016). As a result, most rape victims cannot end the relationship with their abusers or report to the authorities. Although courts have forbidden sexual relations between inmates and correctional officers, rape incidents are still high in the prison facilities. Rape victims find it challenging to prove their case since the law focuses on the physically violent aspect of rape; it excludes acquaintance rape (Brenner et al., 2016). In prison settings, the inmates know most of the officers, especially the ones that rape them. Hence it is difficult for them to prove to the legal authorities that the person they share a relationship with could have sexually assaulted them. Some correctional officers are too friendly with some of the inmates. Thus, when a rape victim reports them to authority, they are likely to face backlash from other inmates (Brenner et al., 2016). Such reasons make most rape victims silent about their ordeals.
Prisoners are also unlikely to report rape incidences due to personal and societal beliefs. For example, women of color are unlikely to report rape since they encounter racist stereotypes associated with their sexuality (Kubiak et al., 2018). Initially, people believed that African American women are hypersexual, and thus, they enjoyed all forms of sexual acts, including rape. Some rape victims may not report sexual abuse if physical harm is insignificant (Kubiak et al., 2018). Others believe that their perpetrators would inflict additional pain if they report rape incidences to the prison staff. Besides, the stigma associated with prison rape may deter some victims from reporting the incidences. Male prisoners fear being called gay or considered weak (Kubiak et al., 2018). They protect their masculinity and pride by being silent. The individual and societal perceptions of rape have made it difficult for inmates to report sexual assault.
Some victims of rape have mental and psychological problems. According to a recent study, researchers discovered that inmates involved in sexual violence are likely to be victims of physical and sexual abuse (Hilinski-Rosick & Freiburger , 2018). Sexual assault in prisons involves using threats to hurt the victim. In most cases, the victims are afraid of fighting back against the offender or unable to resist. People who have been sexually abused in their childhoods are likely to have personality, anxiety, and mental disorder (Goddard & Pooley , 2019). These conditions affect how they view the people around them and their surroundings. Men who were victims of sexual abuse in their childhood tend to report high levels of sexual victimization in prison settings (Goddard & Pooley , 2019). They experience feelings of inadequacy, powerlessness, and worthlessness. As a result, they may not fight against inmates who demand sexual favors. Inmates with health and cognitive disabilities are likely to be victims of rape (Ahlin, 2018). These disorders affect a person’s ability to make informed decisions or act swiftly in case of an attack. For example, female prisoners who have been victims of sexual abuse before entering the correctional facilities are likely to have different expectations and acceptance of male prison staff (Brenner et al., 2016). Some of them may seek companionship from male correctional officers in exchange for sexual favors. Female inmates who have been in prison facilities for a long time tend to need affection and allow the prison staff to manipulate them. In such cases, the inmate overlooks the mistakes of the officer. Inmates with cognitive and mental disabilities are at risk of rape since they have low defenses. According to a recent study, researchers noted that an inmate raped one in twelve inmates with a mental condition within six months (Ratkalkar & Atkin-Plunk , 2020). Some inmates develop mental disorders while in the correctional facilities. When inmates regularly witness sexual violence, they internalize and externalize mental health traits, such as aggression and fear (Ratkalkar & Atkin-Plunk , 2020). Instead of seeking mental health care, inmates may attempt to suppress their mental and cognitive disabilities. This strategy puts them at risk since they cannot distinguish between moral and immoral acts. Some inmates are skeptical about correctional settings' health care (Ratkalkar & Atkin-Plunk , 2020). Besides, the masculine culture bars male inmates from seeking mental health care. As a result, male inmates continue to be victims of rape since they have low-esteem and distrust the prison authority.
The current prison reforms do not protect inmates from rape. One of the most acknowledged prison reform policies is the Prison Rape Elimination Act of 2003 (PREA), whose goals are to define the dynamics of prison rape in local, state, and federal prisons and eliminate prison rape (Rudes et al., 2020). PREA has failed to protect inmates from rape. This law does not give rape victims the right to file lawsuits. Some prison officials have manipulated prisoners to use PREA to file claims irrelevant for redress or litigation (Rudes et al., 2020). Besides, PREA is an oppressive law that gives correctional officers excessive powers over inmates. It allows the prison staff to place inmates in solitary confinement and force them to take invasive exams disguised as administrative protection (Rudes et al., 2020). PREA has only increased the punishment that correctional officers can exert on inmates, but it does not eliminate prison rape.
Overall, the general public and the government should pay attention to prison. Lawmakers need to analyze the factors that enhance prison rape. Some of the elements they should consider are prison gangs, power imbalance, manipulation and coercion, and vulnerability of the new, young, and older inmates. While rape incidences among inmates are prevalent, there have instances involving male correctional officers forcing female prisoners to have sexual relations with them. Despite the high cases of prison rape, the victims never report fearing retaliation and societal backlash. The local, state, and federal governments should implement policies that support the prison rape victims’ right to file lawsuits.
References
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