STOP PRISONER RAPE - National Center on Domestic and Sexual ...

I. INTRODUCTIONWhen photos of United States (U.S.) militarypersonnel sexually abusing and humiliatingIraqi prisoners hit the newsstands in April2004, the American public was appalled.In testimony before Congress, Secretary ofDefense Donald Rumsfeld described whathappened at Abu Ghraib as “fundamentallyun-American.” 1 Sadly, Mr. Rumsfeld waswrong.“Sexual violence in prison consists not only in directvictimization, but also in the daily knowledge thatit’s happening. It approaches legitimacy in the sensethat it’s tolerated. Those who perpetuate these actsof violence often receive little or no punishment. Tothat extent alone, corrections officials render theseacts acceptable. At the same time, we can’t expecta rape victim to report it if he anticipates a lack ofresponsiveness, a lack of sensitivity or basic protectionby those who are charged with his care.”– T.J. Parsell, prisoner rape survivor and President of Stop Prisoner Rape. Testimonybefore the <strong>National</strong> Prison Rape Elimination Commission (August 19, 2005).The reality is that sexual abuse in detentionis a widespread, systemic problem in U.S.detention facilities. The U.S. government’sSecond Periodic Report to the Committee Against Torture (CAT Committee) asserts thatwhen “unfortunate instances” of such abuse occur, they are promptly and thoroughlyinvestigated and referred for prosecution. 2 Unfortunately, that is not the case. On thecontrary, prisoner rape is arguably the most widespread and neglected form of human rightsabuse in the U.S. today.According to the best available research, one in five male inmates faces sexual assault behindbars. 3 While estimated rates of sexual abuse at women’s prisons vary widely, at the worstfacilities, as many as one in four prisoners is victimized. 4 The Bureau of Justice Statistics (BJS)produced a report in July 2005, based solely on administrative records of reported incidents,which found that 8,210 allegations of sexual assault were reported at prisons, jails, and juvenilefacilities in 2004, of which nearly 2,100 were substantiated. 5Rape in detention constitutes torture under the United Nations Convention Against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). 6 Other formsof sexual assault and harassment in detention may constitute cruel, inhuman or degradingtreatment, in which case they also amount to violations of the CAT and other provisions ofinternational human rights law. 7 Although the U.S. has recognized that rape in prison violatesthe U.S. Constitution, the government has failed to comply fully with its treaty obligations.In general, there is a lack of serious governmental effort to address sexual violence behind bars,both in terms of proactive prevention and redress for victims. In particular, corrections officialsare rarely held accountable for sexual violence that occurs on their watch.This report first provides a brief overview of the legal framework that exists in the U.S. toaddress prisoner rape. It then examines the following three core problems related to sexualviolence in detention and provides recommendations on how to address them:<strong>STOP</strong> <strong>PRISONER</strong> <strong>RAPE</strong>3