A Comprehensive Analysis of Rape in Correctional Settings

Introduction

Rape in correctional settings is an issue of growing concern. Rapes have been a big issue in the United States of America. In the country, more than 17,000 rapes are reported annually, with 76 per cent female victims (Martyniuk, 2014). Many people call into question the fact of whether or not rape goes on in prisons due to the power dynamics and privileges that are present. The idea that sexual assault is a common occurrence in correctional settings is nothing new; however, people had tried to downplay the occurrences of this crime by putting forth cover-up stories when they were first discovered. The issue of rape in correctional settings has been a persistent problem. Furthermore, studies have shown that women who return to prison after serving their sentences for sexual assault on their victims may be raped by other prisoners or guards (Worley et al., 2010).

The criminal justice system is notorious for violating the human rights of prisoners. Women and men are treated as separate entities rather than seen as equals. The treatment of women in prison varies significantly from state to state and prison to prison. Some studies have labelled prison brutal acts as sexual assault (Fedock et al., 2016). Sexual assault and rape have become more sophisticated regarding how they are committed and tolerated by those imprisoned and even those in positions of power within these systems. This paper will focus on examining how gender and sexual orientation affect being victimized by sexual assault in correctional settings. It will be conducted through reviews of literature from criminology journals, surveys administered to inmates at prisons, and personal interviews with inmates who have experienced sexual assaults.

Literature Review

In the United States, rape is any sexual activity against a person without their consent. Rape in prison is no different; the conditions under which prisoners are held may increase the likelihood of rape on the inside. Data shows many negative impacts on people who experience sexual assault in prison (Downer & Trestman., 2016). These impacts include post-traumatic stress disorder (PTSD), substance abuse, anxiety, and depression. These issues can be linked to rape, but some may also be caused by other factors such as violence and gangs. Martyniuk (2014) found that 80% of women in prison reported being sexually assaulted by other women. This statistic is not surprising given that female inmates are often placed together in close quarters where they can easily be victimized. Kubiak et al. (2005) found that 53% of black women who were raped during their time incarcerated reported being gang-raped by male guards. The evidence suggests that prison rape is a problem for both men and women and racial minorities.

Another study found that men were more likely to report being raped than women while incarcerated (Dumond, 2003). However, when looking at those who reported being sexually assaulted but were acquitted, it was more likely for women than men to say they were raped (Dumond, 2003; Struckman‐Johnson et al., 1996). It suggests some differences between genders when it comes to experiencing sexual assault while in prison; however, both genders experience similar rates of rape. In addition, Dagan & Teles (2015) found that the most obvious one depends on the type of prison and how they treat inmates. For example, some prisons are more violent than others, making it more likely that inmates will be raped.

Overall, rape in prison is a severe issue, and the literature review on this topic is extensive. These studies have shown that although many inmates identify as gay or transgender, most still do not consider these identities when considering how to prevent rape in prison. Instead, people should focus more on educating staff members about how best to protect vulnerable populations such as trans people with limited resources, who other inmates often target due to their lack of education or awareness around sexual assault prevention measures.

Research Question and Hypothesis

The research question is Does gender/sexuality affect who gets raped in prison? This question is crucial because it will help us determine whether or not there is a link between gender/sexuality and who gets raped in prisons. The hypothesis states that gender affects who gets raped in prison because men are more likely to be sexually assaulted than women while incarcerated (Arkles, 2014). The cause for this disparity is not clear; however, one possible explanation is that men are more likely to commit acts of sexual violence than women against other inmates or staff members (Stemple & Meyer, 2014; Eigenberg, 1998). A second possible explanation may be that male prisoners have more power than females because they are often assigned jobs with greater responsibility and access to weapons within the facility.

Sampling and Justification for The Study

The data source for this research paper will be the National Inmate Survey of the Bureau of Justice Statistics. This survey, conducted annually, collects information about prisoners’ experiences with sexual assault in correctional facilities. It includes questions about whether inmates were raped and how often they were victimized. It also includes information about whether the offender was another prisoner or staff member and whether there were other victims in the incident. The sample size for this study will be 500 prisoners in federal prisons who experienced sexual assault while incarcerated. The justification for choosing this sample size was that we wanted to ensure we had enough people to make our findings trustworthy and accurate. We also wanted enough people to break down any patterns that might emerge after looking at the data, giving us more insight into what is happening behind bars.

Research Design

The research design used in this study will be qualitative. It is chosen because it allows for an in-depth analysis of the experiences of rape in prison and the cultural and social context surrounding these experiences. The participants included both male and female inmates, as well as staff members from different correctional facilities. This design allows a great deal of insight into the many facets of rape culture in prison and how that culture affects people being raped. By using interviews with participants and observations of their behavior, the researcher will be able to see how their perspectives on gender roles and sexual practices affected the way they viewed themselves and others during these traumatic events.

Ethical Issues

It is important to note that ethical issues should be considered when conducting this kind of research. The ethical issues that might be faced when conducting this research are twofold. First, there is the issue of confidentiality surrounding any personal information that may be shared with the researcher during this project. Second, there is the matter of protecting the safety of others in the study group over time.

Variables

The independent variable will be sexual orientation: whether the person surveyed identifies as heterosexual or homosexual. The dependent variable will be whether they have been raped by other inmates or staff members at the correctional facility where they live. To measure these variables, the study will use surveys and interviews with inmates and correctional officers at each facility to determine how widespread these issues are and which factors are associated with them, such as the type of facility.

Type of Measures

The measures used were: Surveys, Focus groups, Interviews, and Observational Data. Survey data will be gathered through an online questionnaire distributed to prisoners across the United States. Focus group data will be collected by interviewing male and female inmates at different facilities across the country. Interviews will be conducted with male and female inmates from different prisons across the country who had been sexually assaulted while incarcerated. Observational data will be collected by observing interactions between male inmates being interviewed for this study and interactions between male inmates in observation cells at different facilities across the country.

Elements

External Validity

Generalizability of a study’s results to different contexts or groups is what it means when one talks about external validity. How well study findings generalize to real-world contexts is a measure of external validity. It is crucial because studies with limited populations or sample sizes cannot generalize their findings to other situations. It is good because it has a large sample size and includes a variety of prison settings. The participants were also diverse regarding gender, age, and sexual orientation. The sample will also be relatively large for an online survey and will be compared with similar studies using similar methods. Therefore, this element is a strength to the study.

Content Validity

Content validity is a measure of the degree to which the content of a study reflects the phenomena it intends to study. Content validity is evaluated by comparing a study’s content with existing theory and research on that topic and whether or not the data supports the conclusions drawn by the researchers. This element is a strength for the study because it will use existing theory and research from other studies on this topic. Most importantly, it will use peer-reviewed publications as a source for the research. Because of this, the study will be legitimate regarding its content validity.

Sampling Procedure

The sampling procedure is a method of selecting a sample from a population so that characteristics or events within that population are more closely associated with those characteristics or events than if sampled randomly from the entire population. This methodology element will be a strength to the study because it helps explain why it is essential for the research to select participants based on their gender and sexuality. These factors will likely be more relevant when examining rape within prison settings than if I randomly participants chosen from an entire population.

Reliability in Measurements of Variables

Reliability in variables’ measurements refers to a size’s consistency or repeatability. It is especially important when measuring something that is not easily measured, like sexual assault. The reliability of the study will be ensured by using qualitative method, thus, this element will be a strength to the study. The researcher will use interviews, focus groups, and surveys to collect information from participants about their experiences with sexual assault in correctional settings. The researcher will also gather information about the amount of time it takes for police officers to respond after an emergency call is made and how often inmates are sexually assaulted while they are undergoing rehabilitation programs designed to curb their criminal behavior.

Conclusion

It is not an overstatement to say that prisoners and guards coercively engage in sexual acts at a much higher frequency than the general population. While it may be known that prison rape is a severe and endemic issue, it appears that the study at hand will lend some much-needed attention to the matter through its findings, as well as its practical applications in helping to reduce the rate of assaults. Those most at risk in correctional facilities are young and attractive, particularly gay and transgender inmates. While this study is notably crucial because it addresses a national issue, it will likely have little effect on reducing the incidence of prison rape.

The “take home” message from this research paper is that rape does occur in correctional settings. Despite the restrictions of the prison setting, inmates still find ways to engage in sexual encounters with other inmates. This behavior occurs for a variety of reasons. These reasons include; emotional attachment, psychological disturbances and sexual orientation. People who are in prison for committing sexual assault or are sexually inclined may be more likely to commit rape again. Ideal methods for decreasing inmate rape include: surveillance cameras, education programs, gender-specific services and behavior modification therapy.

Recently, a startling amount of sexual abuse prison guards have been convicted for acts of sexual violence toward inmates. It is troubling that we have prison guards, people who are supposed to be responsible for the well-being of prisoners and in situations who are supposed to remain completely impartial, taking advantage of their power and harming the very individuals they are supposed to protect. The idea that history repeats itself is personified by this obvious problem. That is why this project has been so important in order not only to study the facts, but also to highlight the implications that arise from the facts in order to expose the problems and find ways to solve them.

References

Arkles, G. (2014). Prison Rape Elimination Act litigation and the perpetuation of sexual harm. NYUJ Legis. & Pub. Pol’y, 17, 801. Web.

Dagan, D., & Teles, S. M. (2015). The social construction of policy feedback: Incarceration, conservatism, and ideological change. Studies in American Political Development, 29(2), 127-153. Web.

Downer, A. V., & Trestman, R. L. (2016). The prison rape elimination act and correctional psychiatrists. Journal of the American Academy of Psychiatry and the Law, 44(1), 9-13. Web.

Dumond, R. W. (2003). Confronting America’s most ignored crime problem: the Prison Rape Elimination Act of 2003. Journal of the American Academy of Psychiatry and the Law Online, 31(3), 354-360. Web.

Eigenberg, H. (1989). Male rape: An empirical examination of correctional officers’ attitudes toward rape in prison. The Prison Journal, 69(2), 39-56. Web.

Fedock, G., Kubiak, S., Campbell, R., Darcy, K., & Cummings, C. (2016). Prison rape reform: Perspectives from women with life sentences on the impact of a class action lawsuit. Journal of Human Rights and Social Work, 1(3), 131-142. Web.

Kubiak, S. P., Hanna, J., & Balton, M. (2005). “I came to prison to do my time—Not to get raped”: Coping within the institutional setting. Stress, Trauma, and Crisis, 8(2-3), 157-177. Web.

Martyniuk, H. (2014). Understanding rape in prison. Enola, PA: Pennsylvania Coalition Against Rape. Web.

Stemple, L., & Meyer, I. H. (2014). The sexual victimization of men in America: New data challenge old assumptions. American journal of public health, 104(6), e19-e26. Web.

Struckman‐Johnson, C., Struckman‐Johnson, D., Rucker, L., Bumby, K., & Donaldson, S. (1996). Sexual coercion reported by men and women in prison. Journal of Sex Research, 33(1), 67-76. Web.

Worley, V. B., Worley, R. M., & Mullings, J. L. (2010). Rape Lore in Correctional Settings: Assessing Inmates’awareness of Sexual Coercion in Prisons. Southwest Journal of Criminal Justice, 7(1). Web.

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LawBirdie. (2024) 'A Comprehensive Analysis of Rape in Correctional Settings'. 25 January.

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LawBirdie. 2024. "A Comprehensive Analysis of Rape in Correctional Settings." January 25, 2024. https://lawbirdie.com/a-comprehensive-analysis-of-rape-in-correctional-settings/.

1. LawBirdie. "A Comprehensive Analysis of Rape in Correctional Settings." January 25, 2024. https://lawbirdie.com/a-comprehensive-analysis-of-rape-in-correctional-settings/.


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LawBirdie. "A Comprehensive Analysis of Rape in Correctional Settings." January 25, 2024. https://lawbirdie.com/a-comprehensive-analysis-of-rape-in-correctional-settings/.