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"If a free society cannot help the many who are poor, it cannot save the few who are rich." -- John F. Kennedy

End Hunger and Poverty



Statistics: Sexual Offenses in Prison

24 October 2005

by Anai Rhoads

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AnaiRhoads.org - After decades of neglect, prison rape was finally denounced by congressional leaders as an unacceptable abuse, one that "should not be part of any prisoner’s sentence".

What is being done

The Prison Rape Elimination Act of 2003 was introduced in both houses of Congress in 2002 by Senators Jeff Sessions and Ted Kennedy and Representatives Frank Wolf and Bobby Scott, but unfortunately was postponed since the 107th session of Congress had just just ended.

The Act was passed by both the House of Representatives and the Senate in July 2003. United States President George W. Bush finalised the Act by signing it into law on 04 September of the same year.

About the Act

The Bill includes the following provisions:

  • The Bureau of Justice Statistics must now conduct annual surveys and research on the effects of prison rape in local, state and federal prisons.

  • "Review Panel on Prison Rape in the Department of Justice" will be created. This panel will hold annual public hearings exposing prisons, and will detail the lowest and highest rates of reported rapes.

  • A National Commission is to be created to study prison rape, which will report rapes and find ways of avoiding rapes in prison.

  • The Attorney General must now submit a report of these findings to Congress and the Department of Health and Human Services.

In addition, the Attorney General will provide 2-year grants to state and local governments and prison systems to establish better effective programmes that will investigate, penalise, and help prevent rapes in prisons.

The bill will continue to appropriate $40,000,000 annually until the year 2010. The money is to be spent on similar grants that protect communities, and at least 50 percent must be spent on grants to address the prison rape crisis.

Statistics

In 2001, Human Rights Watch released a report that gathered data from various surveys and studies which revealed that at least 20 percent of all inmates are sexually assaulted and at least 7 percent are raped.

The International Center for Prison Studies at King's College in London have concluded that there are more prisoners in the U.S. than in any other country in the world. Federal, state, and local totals came to 2.3 million prisoners on record as of December 2004.

According to a Justice Department report released Sunday, federal jails are nearly 40 percent overgrown, and 2004 reports show a 1.9 percent increase over 2003's numbers. The U.S. leads China, whose prison population exceeds 1.5 million.

Why is this Act so important?

Prisoners are initially sized-up and targeted within minutes of entering a penal facility. The newcomer's look, age, and demeanor collectivelly determine whether or not they will be a bullseye for maltreatment or sexual abuse by established inmates.

If an inmate informs officers that he or she has been threatened with rape or has been already assaulted, the complaints are seldom investigated. Some who are in need of medical care are transferred to another facility or hospital before being returned to the same cell to endure further abuse.

"The horrors experienced by many young inmates, particularly those who are convicted of nonviolent offenses, border on the unimaginable. Prison rape not only threatens the lives of those who fall prey to their aggressors, but it is potentially devastating to the human spirit. Shame, depression, and a shattering loss of self-esteem accompany the perpetual terror the victim thereafter must endure." -- U.S. Supreme Court Justice Harry A. Blackmun

Even we fail prisoners

Society has little empathy for those convicted and sentenced to jail terms. When asked if one deserves getting raped in prison, many will reply with, "that will teach them not to do it again".

There are several examples of how prison rape has also become a joke. Take in consideration a 2002 7UP commercial that taunted prisoners (played by actors) over a can of soda. This advertisement was displayed freely for nearly two months before it was pulled from the airwaves for its subject matter.

Further Reading:

ACLU's KNow Your Rights Your Right to Protection from Assault and Excessive Force - ACLU National Prison Project.

©2005 Anai Rhoads. Reproduction must be authorised in writing by author only. Altering, redistributing, or selling this material is strictly prohibited.

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