ACSBlog: The Blog of the American Constitution Society

Human Rights Watch has released a detailed report on the prevalence of rape in U.S. prisons.  It begins with a graphic anecdote of one prisoner's experience:

I've been sentenced for a D.U.I. offense. My 3rd one. When I first came to prison, I had no idea what to expect. Certainly none of this. I'm a tall white male, who unfortunately has a small amount of feminine characteristics. And very shy. These characteristics have got me raped so many times I have no more feelings physically. I have been raped by up to 5 black men and two white men at a time. I've had knifes at my head and throat. I had fought and been beat so hard that I didn't ever think I'd see straight again. One time when I refused to enter a cell, I was brutally attacked by staff and taken to segragation though I had only wanted to prevent the same and worse by not locking up with my cell mate. There is no supervision after lockdown. I was given a conduct report. I explained to the hearing officer what the issue was. He told me that off the record, He suggests I find a man I would/could willingly have sex with to prevent these things from happening. I've requested protective custody only to be denied. It is not available here. He also said there was no where to run to, and it would be best for me to accept things . . . . I probably have AIDS now. I have great difficulty raising food to my mouth from shaking after nightmares or thinking to hard on all this . . . . I've laid down without physical fight to be sodomized. To prevent so much damage in struggles, ripping and tearing. Though in not fighting, it caused my heart and spirit to be raped as well. Something I don't know if I'll ever forgive myself for.

A recent ACS Issue Brief by attorney Deborah Golden warns that a federal law intended to prevent frivolous suits by prisoners involving such issues as "insufficient locker space, a defective haircut by a prison barber, the failure of prison officials to invite a prisoner to a pizza party for a departing prison employee, and yes, being served chunky peanut butter instead of the creamy
variety" may also shield prison guards who rape prisoners from being sued by their victims.  Under the Prison Litgation Reform Act of 1996, prisoners may only bring suits if they can demonstrate a "physical injury," but the law does not define whether or not rape is such an injury.  In her paper, Golden argues that the law should be amended to also allow suits upon a demonstration of "sexual assault or abuse."

(hat tip: Ezra Klein)