by Eric Ture Muhammad
Staff Writer
WASHINGTON (Finalcall.com) --
Human
rights groups and activists offered qualified support for the "Prison
Rape Reduction Act of 2002" that was discussed during recent hearings
held on Capitol Hill July 31. The bipartisan bill sponsored by Senators
Edward Kennedy (D-Mass.) and Jeff Sessions (R-Ala.) and Congressmen
Bobby Scott (D-Va.) and Frank R. Wolf (R-Va.), entitled, "Prison Rape
Reduction Act of 2002, is designed to analyze incidents and subsequent
effects of rape in Federal, State, and local institutions and provide
information, resources, recommendations and funding to protect
individuals from prison rape. Cited as a commendable step, advocates of
the bill said more is needed.
According to experts cited by Prison Fellowship Ministries (PFM) in a
statement, an estimated 300,000 to 600,000 men and boys are victimized
every year. Dr. Cindy Struckman-Johnson conducted a study of the
Nebraska prison system, the PFM statement said, and found that 22
percent of the male inmates acknowledged being pressured or forced into
sex acts.
"Prison rape affects more than just prisoners," PFM founder Chuck
Colson said. "It punishes people who never set foot inside a prison. For
example, AIDS, which is now five times more prevalent inside prison
walls than outside, is a deadly plague that infected inmates will spread
once they leave prison. I�ve seen fresh blood on cell floors where an
attack had just occurred," he said. Mr. Colson works in more than 600
prisons around the country.
Prison rape is a devastating human rights abuse that is widespread in
U.S. prisons, testified Wendy Patten, Human Rights Watch (HRW) U.S.
advocacy director, but correction authorities have done too little to
prevent it from happening, to protect the victims, and to punish those
responsible.
"The Rape Reduction Act of 2002 will encourage much-needed efforts to
ensure that a prison sentence is not a sentence to violence. We hope the
Act signals renewed congressional concern about the conditions under
which more than two million Americans are confined. International human
rights standards, constitutional law and basic decency mandate safe and
humane prisons," she said.
Ms. Patten offered HRW�s latest publication, "No Escape: Male Rape in
U.S. Prisons," to the lawmakers for review of the horrific accounts and
impact the scourge has on the prison population and society as well.
ACLU Attorney Rachel King told the body that current laws make it
extremely difficult for prisoners to file lawsuits seeking protection.
The most significant barrier is that a prisoner must first exhaust the
prison�s administrative complaint process before filing suit in the
courts. This can take from three to six months and sometimes requires
"sexually assaulted prisoners to confront their attacker face-to-face,
resulting in immense fear and trauma for victims." As a result, she
said, many prisoners avoid filing complaints and never even report
attacks.
An example of such attacks is the case of 33-year-old Roderick
Johnson, a Black U.S. Navy veteran who was serving time in a Texas
prison for bouncing a $300 check while on parole for a non-violent
offense. Mr. Johnson, who is admittedly homosexual, with the help of
ACLU, filed a lawsuit against the prison and its officials for allowing
the repeated rape and sale of Mr. Johnson as a sex slave for $5 by
prison gangs nearly everyday for the last 18 months, according to the
complaint.
"Prison officials knew that gangs made Roderick Johnson their sex
slave and did nothing to help him," the ACLU said in a statement. "Our
lawsuit shows that Texas prison officials think Black men can�t be
victims and believe gay men always want sex�so they threw our client to
the wolves," the statement said.
Certain prisoners are targeted for sexual assault. The moment they
enter a facility, age, looks, sexual references, characteristics and
features can mark them as candidates for rape. Specifically, according
to HRW, prisoners who are young, small in size, physically weak, White,
homosexual, a first offender, males who possess feminine
characteristics, unassertive, nonaggres-sive, shy, intellectual,
not-street smart, passive or convicted of a sexual offense against a
minor are more likely to be targets.
While much has been said concerning prisoner-on-prisoner male sexual
assaults, the high incidents of women prisoners and male prisoners
assaulted by their jailers have been taboo subjects.
"Since November of 2001, ACLU�s National Prison Project has received
hundreds of letters from men and women sexually victimized in United
States prisons. They describe horrifying accounts of sexual abuse and
rape perpetrated by cellmates, prison gangs, correctional officers and
other prison staff," Ms. King said.
A HRW investigation into conditions in an Illinois prison unearthed
numerous allegations of rape perpetrated by one correction officer on
several women. Prisoners and staff at the prison were well aware of the
officer�s reputation, said HRW, but no disciplinary action was taken.
"Seeing him everyday showed me what they thought about it," the victim
reportedly told HRW.
In Texas, a former state prison guard was indicted in Grimes County
on charges of sexually assaulting an inmate after a prosecutor said DNA
evidence linked him to the crime. Michael T. Chaney, 50, was indicted in
June by a Grimes County grand jury on one count of aggravated sexual
assault and improper sexual activity.
Mr. Chaney, who oversaw laundry operations at the Texas Department of
Criminal Justice�s Luther Unit in Navasota, resigned in January from his
post of seven years, a prison spokesman said. A 22-year-old male inmate
reported being forced to perform a sex act on Mr. Chaney on Oct. 31,
2001 and reportedly saved DNA evidence from the incident. Tests linked
Chaney to the incident.
"That�s what makes it a good case," prison prosecutor Kelly Weeks
told reporters, adding that it is uncommon for prison prosecutors to
have such evidence in sexual assault cases.
In July, Los Angeles jurors convicted a sheriff�s custody assistant
of sexually assaulting a woman inmate in 1999 at the Twin Towers
Correctional Facility. Jurors deliberated two hours before convicting
Meko Goodley on one count of oral copulation, said Deputy District
Attorney Elizabeth Munisoglu. Mr. Goodley, 28, faces a maximum sentence
of three years. His sentencing is set for Aug. 12. He had faced similar
charges involving two alleged 1999 attacks against another woman who
refused to testify, the prosecutor said.
Activists recommend along with the Rape Reduction Act of 2002 that
Congress implement exemptions for victims of rape and sexual assault
from the Prison Litigation Reform Act, which make it almost financially
impossible for attorneys to take on even the most meritorious prisoner
civil rights cases. They are also requesting the elimination of filing
fees for victims and the three-strikes provision that prevents victims
from seeking relief. If a prisoner has had three lawsuits or appeals
dismissed, he or she is forever barred from filing a lawsuit for damages
in federal court, unless the full $150 filing fee is paid up front.
"Since most prisoners are impoverished and have little or no
opportunity to earn money while incarcerated, this harsh provision may
permanently bar them from court, no matter how egregiously their rights
have been violated," Ms. King said.