Essay: Prison Rape and Sexual Assaults
The presented scenario brings to life two possible occurrences; officer to inmate rape and inmate to inmate rape. Rape has been defined as the non-consensual use of physical might or threat of force to commit sexual violence against one gender (Barstow, n.d.; Metropolitan Police, n.d.). Punitive action is usually taken against the perpetrators of such actions through the social justice systems existing in various jurisdictions. In the prevalent scenario, a prisoner’s right to protection against prison rape was violated.
Penitentiary facilities across the nation are required to effect a zero-tolerance policy on instances of rape in prison. The 2003 Prison Rape Elimination Act (PREA) stipulates that both staff-on-inmate and inmate-on-inmate misconducts must be handled with equal weight and intensity (National Institute of Justice (NIJ), 2014). Although the truth behind the better part of prison rape accusations is rarely unveiled, reports show that these allegations have been rising (Santo, 2018). It is a correctional facility's responsibility to erect ‘rape-arresting’ measures. The mere occurrence of prison rape indicates the facilities’ failure to safeguard and protect human dignity.
It is unethical for the warden to fail to recognize the inmate(s)’ constitutional rights. A warden should protect not only the facility’s reputation but also safeguard all inmates’ rights. The occurrence of prison rape requires rigorous investigation and in-depth analysis of the issue to unearth all details regarding the happenings since the facility is obligated with ensuring the safety and health of all inmates. A lawsuit against the warden or the facility may have far-reaching consequences for the warden and the prison’s officers, workers, and inmates.
Given that rape adversely affects an individual’s dignity, lowers a rape victim’s self-esteem, poses health risks to both the victim and the perpetrator, it should be prevented by all means possible. There are several steps that penitentiary facilities can take to curb prison rape. These include the separation of prisoners by race and ethnicity since such differences increase the prevalence of rape (Shaw & Lee, 2019); restrictive monitoring of rape perpetrators such as solitary confinement; providing prison officers with necessary education and training on inmates’ rights; and separating inmates based on age as older inmates may be more prone to being raped. The deployment of these and similar steps will go a long way in helping prisons protect their vulnerable inmates from being raped.
The policies surrounding the use of force to contain, control, or protect inmates from harm exist to ensure optimum safety for individuals in a correctional facility. Officers are usually equipped with the necessary skills on how to use controlled force when restraining offenders. When the use of force may be deemed necessary when refraining rogue inmates, excessive force may attract punitive actions against an officer. When dealing with an inmate, whether a rape victim, rape perpetrators, or uninvolved individual, an officer should be wise even as they ensure that safety and health are maintained across the facility.
References
Barstow, A. L. (n.d.). Rape | crime | Britannica. In Encyclopedia Britannica. Retrieved from https://www.britannica.com/topic/rape-crime
Metropolitan Police. (n.d.). What is rape and sexual assault? Retrieved September 17, 2020, from Metropolitan Police website: https://www.met.police.uk/advice/advice-and-information/rsa/rape-and-sexual-assault/what-is-rape-and-sexual-assault/
National Institute of Justice (NIJ). (2014, March 7). Prison Rape Elimination Act. Retrieved September 17, 2020, from National Institute of Justice website: https://nij.ojp.gov/topics/articles/prison-rape-elimination-act
Santo, A. (2018, July 25). Prison rape allegations are on the rise. Retrieved September 17, 2020, from The Marshall Project website: https://www.themarshallproject.org/2018/07/25/prison-rape-allegations-are-on-the-rise
Shaw, J., & Lee, H. (2019). Race and the Criminal Justice System response to sexual assault: A Systematic Review. American Journal of Community Psychology, 64(1–2), 256–278. https://doi.org/10.1002/ajcp.12334