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| Inmate Sexual Assault - The Enigma Which Endures |
| By By Robert W. Dumond* |
| Published: 01/04/2001 |
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As an increasing number of Americans are being incarcerated in the nation's prisons, jails and correctional facilities - 1.8 million (NCJRS, 1999), the horror of sexual victimization while incarcerated continues to affect countless individuals - youth, men and women who have been confined. Mental health professionals who serve inmates (both juvenile and adult) within correctional facilities and upon release to the community are in a unique position to address this problem in a number of ways. Although the problem of inmate
sexual assault has been known and examined in the past 30 years, the body
of evidence has failed to be translated into effective intervention strategies
for treating inmate victims and for insuring improved correctional practices
and management. The situation is further complicated by problems
faced by most correctional institutions. While the rate of
incarceration in the United States has doubled within the last decade alone,
nationwide, most penal settings are
The actual extent of prison sexual assault is still unknown. The incidence of inmate sexual victimization is quite variable and difficult to predict with accuracy (Dumond, 1992). Despite increased attention to the problem, a recent analysis of the Nebraska prison system by Struckman-Johnson et al. (1995, 1996) revealed fairly high rates of forced/coerced sexual activity in confinement (medium/maximum - 22% of male prisoners; 16% minimum). The same study noted that the problem appeared to be aggravated in larger prison systems with more crowded inmate populations with greater ethnic diversity. Cotton & Groth's (1984) observation appears to still retain its validity: Available statistics, must be regarded as VERY CONSERVATIVE AT BEST, since discovery and documentation of this behavior are compromised by the nature of prison conditions, inmate codes and subculture and staff attitudes. The problem is further complicated by the complex social/psychological milieu of the incarcerated setting. Coerced sexual assault may take many form, on a continuum ranging from trading sex for protection ('hooking up') to brutal gang rape. There is a general joining of social status and sexual behavior while incarcerated, which leads many inmates to be cast in a role which can be extremely humiliating. Contrary to popular perception,
it must be understood that NO inmate is immune from sexual victimization.
This being said, certain groups of inmates appear to be more vulnerable
- they include (1) young, inexperienced, (2)physically small/weak,
(3) inmates suffering from mental illness and/or developmental disabilities,
(4) middle class, not 'tough' or 'street wise', (5) not gang affiliated,
(6) known to be homosexual or overtly effeminate (if male), (7) convicted
of sexual crimes, (8) violated the 'code of silence' or 'rats', (9) disliked
by staff/other inmates, (10) previously sexually assaulted (Donaldson,
1993; Dumond, 1992, 1995, Fagan, Wennerstrom and Miller, 1996). The
issue of race has also been identified (Cotton, 1980, 1995; Wooden &
Parker (1982), especially in those settings with disproportionate racial
populations and high racial tension (Knowles, 1997).
Clinicians who respond to inmate victims should be acutely aware of the sequelae of sexual victimization, both physically and psychologically (See Cotton & Groth, 1982, 1984; Lockwood, 1978, 1980 and Scacco, 1975, 1982). Interestingly, many mental health clinicians may be more familiar with treating sexual predators than in understanding and treating victims of sexual assault. An inter-disciplinary approach
to care, with special attention to confronting the risk of suicide and
to insuring the on-going safety and well being of the inmate following
the intervention. Clinicians must be prepared to intercede with security,
classification and administrative staff to effectively manage victim care.
Standard P-57 Sexual Assault of The National Commission on Correctional
Health Care (1997) should be universally adopted in all correctional settings.
Another exemplary, comprehensive model to emulate is PS 5324.04 Sexual
Abuse/Assault Prevention and Intervention Programs (updated 12/31/97) of
the Federal Bureau of Prisons [which can be accessed at http://www.bop.gov/progstat/53240104.html].
Correctional Trainers and Staff Development Officers may also wish to examine
an excellent training resource
The issue of HIV+ and sexually transmitted disease bears additional comment. As noted by Hammett et al. (1999), inmates have disproportionately high rates of infectious disease, substance abuse, high-risk sexual activity and other health care problems. Although the rate of transmission of HIV+/AIDS by coerced sexual assault against inmates is unknown, all victims of sexual assault of inmates while incarcerated face the possibility of an 'unadjudicated death sentence' (Corrections Compendium, 1995), a significant subversion of the intent of the criminal justice system. The issue of sexual misconduct/abuse/assault
by staff on male and female inmates is also an important issue to address.
It has become Increasingly apparent that women in confinement face substantial
risk of sexual assault by a small number of ruthless male correctional
staff, who use terror, retaliation and repeated victimization to coerce
and intimidate confined women (Human Rights Watch, 1996, 1998; Smith, 1998;
Amnesty International, 1999; Coomarasswamy, 1999; Government Accounting
Office, 1999). Concerns about this issue led the National Institute
of Corrections (1999) to solicit submissions for the development of 'A
training curriculum for investigating allegations of staff sexual misconduct
with inmates.' Such abuses are intolerable: they are fundamental
violations of incarceration, and defile the guiding principles of correctional
environments ('the care, custody and control of inmates'). Mental
health clinicians must be willing to entertain such complaints and act
aggressively to pursue justice to protect and treat inmates so victimized.
Additionally, all correctional institutions incarcerating women should
adopt the standards and practice of the Georgia Department of Correction
(NBC, 1999).
Mental health professionals
also have an opportunity to impact correctional staff and their attitudes
which, unfortunately, may exacerbate the victimization experience for inmates.
Gardner (1986) identified that education and age were factors in correctional
officers' attitudes about inmate victims. Eigenberg's disturbing analysis
of officers employed in the Texas Department of Correction (1989) found
that half of the officers surveyed engaged in victim blaming and that many
were apt to define rape victims as prostitutes and believed that homosexuals
'cry rape' if they are caught during the act of intercourse. In a
later amplified analysis, Eigenberg (1994) focused on staff training as
a key ingredient to pro-actively and responsibly dealing with counter-productive
staff attitudes. Staff training programs such as those operating
in the Massachusetts
There are no panaceas for
such a complex and difficult phenomenon as inmate sexual assault while
incarcerated. Mental health practitioners will be increasingly involved
in dealing with this issue and in forging more responsive treatment strategies
for individual victims themselves and in helping institutions respond more
affirmatively. We are in a pivotal role to shape the training efforts
of correctional staff and to improve and enhance the classification system
for identifying at-risk inmates. Administrators, government officials and
security staff will look for and expect clinicians to give them insight
into this often misunderstood and ill-managed problem. Our inaction
in this vital arena portends dire consequences for corrections and American
society itself.
References Amnesty International. (1999).
Not Part of My Sentence: Violations of the
Bureau of Prisons. (1997).
PS 5324.04 Sexual Abuse/Assault Prevention and
Coomaraswamy, R. (1999).
Report on the Mission of the United States of
Corrections Compendium. (1995).
'Breaking the Silence on Prison Rape and
Cotton, D.J. & Groth,
A.N. (1982). 'Inmate rape: prevention and
Cotton, D.J. & Groth,
A.N. (1984). 'Sexual assault in correctional
Dallou, M. (1996). 'Fighting
prison rape: How to make your facility safer,'
Donaldson, S. (1993).
Prisoner Rape Education Program: Overview for
Dumond, R.W. (1992).
'The sexual assault of male inmates in incarcerated
Dumond, R.W. (1995). 'Ignominious
Victims: Effective Treatment of Male Sexual
Eigenberg, H.M. (1989).
'Male rape: An empirical examination of correctional
Eigenberg, H.M. (1994).
'Male rape in prisons: Examining the relationship
Fagan, T.J.; Wennerstrom,
D; and Miller, J. (1996). 'Sexual assault of male
Hammett, T.M., Harmon, P
& Maruschak, L.M. (1999). '1996-1997 Update:
Herman, J.L. (1992).
'Complex PTSD: A syndrome in survivors of prolonged and
Human Rights Watch. (1996).
All Too Familiar: Sexual Abuse of Women in U.S.
Human Rights Watch. (1998).
Nowhere to Hide: Retaliation Against Women in
Knowles, G.J. (1996). Male
Sexual Assault: A Search for Causation and
Lockwood, D. (1978).
Sexual Aggression Among Male Prisoners. Ann Arbor, MI:
Lockwood, D. (1980).
Prison Sexual Violence. New York: Elsevia/Thomond
Lockwood, D. (1994).
'Issues in prison sexual violence'. In M.C. Braswell,
National Broadcasting Company.
(1999). Women Behind Bars: Geraldo Rivera
National Commission on Correctional
Health Care. (1997). Standards for
Scacco, A.M. (1975). Rape in Prison. Springfield, IL: Charles C. Thomas. Scacco, A.M. (Ed.). (1982).
Male Rape: a Casebook of Sexual Aggression. New
Smith, B. (1998). An End
to Silence: Women Prisoner's Handbook on Identifying
Struckman-Johnson, C.J.,
Struckman-Johnson, D.L., Rucker, L., Bumby, K., &
Toch, H. (1992). Mosaic
of Despair: human breakdowns in prison. (Revised
United States Department
of Justice. (1999). 'Summary Findings for
United States Department
of Justice. (1999). National Institute of
United States General Accounting
Office. (1999). Women in Prison: Sexual
Weiss, C. & Friar, D.J.
(1974). Terror in the Prisons: Homosexual Rape and
Wooden, WS & Parker,
J. (1982). Men Behind Bars: Sexual Exploitation in
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