Sexual Abuse in Prison Essay Example for Free

informal demoralise in Prison EssayThe internal abuse in prison is a practiced problem in our country. It is compounded by the sheer progeny of stings stepping intimate the prison schema all(prenominal) year. It is surprising to find out that our country is widely recognized as the one with most recite of prisoners. This problem however is preventable and controllable if we pull up stakes totally change our attitude. We all work rights. confidence for a crime no issuance how heinous our crime is will not strip us of our rights. In a letter sent to the Human Rights Watch by a sender whose summon was purposely withheld, the sender narrated his horrifying experience trance he was indoors Prison. He recountedIve been sentenced for a D. U. I. offense. My tertiary one. When I first came to prison, I had no idea what to expect. Im a tall white male, who unfortunately has a small amount of feminine characteristics. And very shy. These characteristics make water got me raped so many times I arrest no more feelings somatogeneticly. I have been raped by up to 5 caustic men and two white men at a time.Ive had knifes at my head and throatthither is no supervision after lockdown. (No Escape Male Rape in US Prisons) This unpack speaks of an ugly reality inside the US prison. This is the reality that we have come to accept as cut off of the defects in the US prison system. This is the reality that has been macrocosmalized in our federation which contri neverthelesses not barely to the extension of forcefulness inside prison but also to the spread of internally transmitted diseases such as AIDS. (Its Not My Problem)The sad thing about this issue is that there seems to be nothing organism do about this problem by government authorities. Is it because while we uphold the rule of justice and tip over rehabilitation as one of the primary purposes of prison, at the back of our minds we think that the bunco games deserve what oversteps to th em while inside the prison? This research paper deals with the issue of sexual abuse in US Prison. I count on to discuss the different scenarios of sexual abuse and the power relations happening inside prison that is at the core of this problem.I aim to discuss of prisoners protected by domestic and international laws. Rights of Prisoners The issue of sexual abuse in US prison is extremely important nowa sidereal days considering that according to the new composition of the Justice Departments Bureau of Justice, our prison population has ballooned to a total of 2 meg stings. Research also shows that since 2002 one in every one hundred forty two US citizens is locked up in jail and out of the 1,200,203 nation prisoners, 3055 bunco games were younger than 18 years old. Robert Longley, 2007) Indeed, the increasing number of bunco games in the US prison demands that this problem should no longer be ignored and that something be done eradicate this problem. At the outset, it is imp ortant to emphasize that prisoners too have rights regardless whether they have been convicted or not.The 8th Amendment to the United States Constitution is emphatic about this point. It states that Excessive bail shall not be required, nor excessive fines imposed, nor barbaric and unusual punishments trim backed. On the former(a) hand, those who atomic number 18 waiting for their convictions atomic number 18 wish wellwise protected under the ascendency of the one-fifth Amendment, which states that No person shall be held to answer for a capital, or some early(a)wise infamous crime, unless on a presentment or indictment of a Grand Jurynor be divestd of life, liberty, or property, without due process of law nor shall private property be taken for valet de chambres use, without just compensation. (Fifth Amendment)In the case of Deshaney v. Winnebago City Social Services Department 489 U.S. 189 (1989), the Supreme Court has declared that when the state holds a person into custody and deprives him of his liberty that he is unable to care for himself and at the time it fails to render him basic needs, the state violates the provisions of the Eight Amendment. Thus, the Eighth Amendment protects every prisoner from brutality imposed by the guards against him but also it requires the prison officials to give ample egis from violence that the other inmates whitethorn inflict on him.In a suit for violation of Eighth Amendment, however, the law provides that the inmate whose rights have been violate to prove the following a) the objective element the extent of the injury the inmate has suffered which is so serous that it violates the societys standard of decency and b) the subjective element the prison knowing fully well that a violence has occurred maliciously and sadistically fails respond to this violence for the purpose of causing the inmate injury. (Hudson v. McMillian, 503 U.S. 1, 14 (1992). )Though it is quite simplified to prove the first elem ent, the second element is very difficult to prove and presents serious obstacle against an inmate who is contemplating on filing a suit against prison officials for violation of their Eighth Amendment. In addition to the protection guaranteed under the Eighth Amendment and Fifth Amendment to the United States Constitution, the DOJ has been granted authority to prosecute a public official for violating a prisoners constitutional rights.Thus, under Section 242 of the United States Code, This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U. S. (Sec 242 of the United States Code) However, in the same manner as the violation of the Eighth Amendment is difficult to enforce, so is the violation under this statute which requires the injured party to prove that the public officer willfully and by choice deprived the prisoner of his right.International laws likewise provide ample protection to the condition of prisoners while inside the prison system. The International Covenant on Civil and Political Rights (ICCPR) of which the United States is a signatory understandably provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Indeed, all these laws affirm the basic principle that even prisoners do have rights under the law. Sexual Abuse in Prison At the outset, it is important to distinguish among the different circumstances of rape that happen at heart the four corners of the prison.Rape accompanied with violence is one of the more commonly known sexual abuses that happen in prison. Ordinarily, when we talk about prison rape, what comes into mind is a gang of prisoners approaching a lonely(prenominal) prisoner from behind and raping him. According to the Dep artment of Justice, in the 2004 alone , an estimated 8,210 allegations of sexual violence were reported by correctional authorities the equivalent of 3. 2 allegations per 1,000 inmates and youths incarcerated in 2004. (Almost 2100 sexual violence incidents took place in the nations correctional facilities during 2004)It must be stressed that when rape is accompanied by physical force and violence, things usually turn out ugly for the rape victim. He may suffer humiliated neck, dislocated shoulders, hips, and dislocated fingers. Things could get really bloody that there have been inmates who have been recorded to have died after a forcible rape. In an article in Houston Chronicle entitled Mother Probes boys Death in Prison, Randy Payne a 23 year old white inmate was attacked by a grouping of about 20 inmates within a week after arriving at the Texas Prison.He later died of head injuries. Allan Turner) Indeed, forcible rape is such a common scenario inside prison that it may happe n in any part of the prison. It could take place inside the shower, bathroom, washroom, and in quiescency areas. Forcible rape must however be distinguished from other forms of sexual abuse that also happens inside prison which is considered as most common and which takes place everyday in prison. This is called the coerced sex. In this scenario, no violence or force takes place but the victim willingly submits to the sexual favors by other inmates.It does not however follow that if sex was not accompanied by force or violence, the inmate has given his react to have sex with the other inmate. It must be stressed that the prison system is a very coercive environment such that it very difficult to ascertain whether the victim has then agreed to consensual sex. This is similar with the confession obtained by police officers to a crime suspect while the latter is being held under their custody. In the same manner as there could be no voluntary confession in this scenario so is the ca se of consensual sex among inmates behind bars.The following are the most common reasons why consensual sex is very rare in prison. They explain why it is possible that even if the inmate has submitted himself to sex, the same is still considered as rape. The first is that the inmate becomes indebted to his other inmate because of some needs. Inside prison, there is widespread use of drugs. For some inmates they may not have the money to buy drugs or even food from other inmates. Another prisoner feigning to desire to befriend this inmate offers him drugs for free. This free offers may include cigarettes, food, water, or even an extra pillow.For some time, this other inmate will make it appear that he merely wants to befriend this other inmate. Later on, he will ask that all these debts be repaid. If the inmate does not have the money then sexual favors might be asked in return. Another scenario is when another inmate poses as a protector of the victim. In this scenario, the group of inmates will set up their victim by threatening the victim with bodily disability and injury. At the point when they are about to hurt their victim, this protector will scare the other group of inmates away.This constant threat he receives from the other groups make the victim fear these inmates. He is then strained to befriend the other inmate who acted as his protector. They later on become close and they become friends. after the frequent protections, the inmate will not ask that his favors be repaid sexually. Male rape is not only a common thing inside prisons, as for female prisoners, the enemy is not their fellow prisoners but much worsened. They are the male prison guards and correctional staff. The problem of sexual abuse among women prisoners is much worse precisely because of their sheer number.Research shows that the United States has earned the distinction of incarcerating the most number of prisoners. Most of these prisoners are women and there number is increasing exponentially. According to studies, since 1980, the number of women entering US prisons has risen by more or less 400% roughly double the incarceration rate increase of malesAccording to current estimates, at least(prenominal) half of all female prisoners have experienced some form of sexual abuse preceding to incarceration (All Too Familiar Sexual Abuse of Women in State Prisons, 1996)It must be stressed that this form of sexual abuse against female prisoners is worse because here the correctional officials not only become remiss in their duty to protect the inmates but they also violate the moral and lawful obligation to them. Also, the male prison guards and correctional staff commit their crime with impunity using not only force but their supreme authority to give these women goods or deny them certain privileges depending on whether they consent to have sex. Lack of Response of Prison Officials The problem of prison rape in our penal institutions is and then immense.Thou gh there have been high-profile cases involving sexual abuse in prison, this problem is far from being resolved. The brand lies in not just one person or institution but in our extraneous attitude to this problem. Society perhaps may think that convicted prisoners deserve this condition inside prison. Surprisingly we will notice that prison and correctional officials are not severely punished for their transgressions. While some have been found guilty, most of the time, the punishment imposed on correctional officials would involve their reassignment to other penal institution and suspension for up to 30 days.They consider this as an administrative numerate. The judiciary which is supposed to protect the oppressed likewise offers no solution to this problem as they would consider this problem as an internal matter and would rather allow prison officials to handle this matter amongst themselves. The indifferent attitude of our correctional officials to one inmate raping another is likewise depressing. Their action on this matter will mainly be limited to transferring the prisoner to another penal facility.I believe that the problem of sexual abuse will be decrease if not prevented not necessarily by punishing prison officials. The response need not be limited to their strict punishment as avoidance measures may be instituted as a matter of prison policy. Most of the time, this problem happens because the prisoner does not know what to expect in prison. He has no knowledge what happens inside prison and he does not know what to do in case something like this happens. In some states, particularly North Carolina, initiatives have been made to prevent rape by an inmate against another by conducting inmate orientation.Among the topics discussed in this orientation are not only the house rules and the day to day activities of the inmates but also information that rape may happen while they are inside the prison and tips on how to avoid getting rape. They should b e prepared on the possible tricks that their fellow inmates may play on them and they should be advised to refuse any offers for food and drugs that they may later on be asked to repay. Secondly, prisoner classification should be given priority by prison officials. It must be stressed that in most prisons the hard core prisoners are mixed with first timers.When this happens the new comer becomes easy target by them. Thus, classification of prisoner and separating those newcomers from the others will provide a good resource against rape. Thirdly, I believe we should start changing our attitudes on the issue of prison rape. This is not just an administrative misconduct but a grave offense. This issue should therefore be addressed seriously and swiftly. If a complaint is received that prison officials has raped an inmate, investigations should be made and he should immediately be prosecuted and turn charges should be immediately filed.