Is there an American “rape culture” inside our prisons that
is gaining energy? Does it run parallel or analogous to the mainstream
ideological concepts that there is a “rape culture” within our society as well?
If this is true, what fosters such idea and what attitudes are associated with
such cultural influences that allow rapes to be condoned and accepted as a part
of the overall prison culture. Sexual violence inside our communities are a
grave problem as well as inside our prisons. There are no barriers to keep them
apart as those that work the prison system will tell you that the only
boundaries inside prisons are those of individual freedoms and controlled
movements.
Prisons are ugly, that’s a fact but what is uglier is the
attitude that exists that condones rapes and sexual assaults as a cultural norm
that is often underlying cause why such cases are not investigated thoroughly
and concluded decisive enough to avoid digging into the truth of the entire
matter and deal with the tip of the iceberg rather than the entire episode.
This jeopardizes individual respect, dignity, equality and their ability to
seek protection as it endangers those that are raped, victimized and neglected.
There appears to be a high tolerance towards prison rape. The fact that many rapes are elements of coercion and not consensual practices is irrelevant as no rape is justified at any time anywhere. Thus a departmental investigation might not reveal the continuum of the rape and leave it inconclusive to the leave the fact in the shadows and never revealing the truth of what really happened.
Employees perceive the presence of homosexuals, lesbians,
gays and gender transsexuals as freaks and unworthy of protection or
consideration for those treatments and policy making for the heterosexuals in
prison. They are alienated with extreme prejudice and therefore ultimately
placed in danger. Looking the other way or refusing them protection according
to their own policies engages a behavior that encourages attacks eager to show
their supremacy and power over the others as they are expected to be met by
approval of their peers and bystanders of such sexual assaults inside our
prisons.
It is this concept of “permissive” behaviors that set the
prisoner up for sexual violence and little recourse of getting help when
reporting such threats or deeds to employees of the prison. This also leads to
further acts of violence either related or indirectly related to the sexual
assault to conceal or hide the fact someone on that yard committed a homosexual
act and is now under the scrutiny of their peers.
Let's look at some commonalities of this “rape culture”
inside prisons. First there appears to be a conflict of whether the sex is
consensual or non-consensual. According to the law, none of these fall under
consensual. Second there is s conscious effort by assailants to perform this
rape by force.
Sentiments such as being gay, lesbian and transsexual in
behavior condone the invitation to the rape. Like many rape cases in our
society rape is routinely condoned and validated and investigated with
falsified or out of context facts that distorts the actual event and creates
the victim-blaming perception.
It is my believe that if prison officials educate staff and
condemned such behaviors, the rate of rapes inside of prisons would actually be
reduced and in some cases, prevented. Instead they are permitting an
“adolescent culture” to exist and not hold them responsible for their actions.
In other words, non-consensual sex is not rape in the eyes
of the prison culture rather it is more of a norm and custom to be victimized
and raped when in prison or jail. There is nothing new about this revelation
that has allowed adolescent behaviors to foster under the negligence of the
prison administration as it does nothing to prevent such events. Prison rape is
a cautionary illustration about attitudes that facilitate sexual assault than
may lead to further serious injuries or death.
On a daily basis there is zealous talk about real and false
rape allegations. Although it is hard to get reliable facts or statistics, it
does happen and is under-reported. While in prison a victim would have a hard
time proving rape or sexual assault. He or she would have to face their
accusers and deal with the aftermath of snitching someone of a crime that could
endanger them forever, inside of prison and outside when released. This is not
a case of good morals versus bad morals but rather a case of victimization and
justifying the need for protection of such violence.
Victim-blaming is the main catalyst of negligence in this
matter. It alters the meaning of the rule of law and puts the victim on the
defensive in the matter as they have to prove their own conduct was not a
contributing factor to the rape or assault. There appears to be a presumption
of 'you asked for it by your own behaviors” that justifies then inaction taken
to resolve such matters. There is no presumption of innocence; there is no
gender equality and there is no equal concern for the rights of those that
become victims.
The negative impact of this “rape culture” falls on:
- the protection of the potential victim
- the rule of law that applies to the potential victim as legitimate basis for protection needs has bee compromised by "norms" and attitudes
- the norms and attitudes that defend taking no action to protect or report any wrongdoings
- a brief discussion prior to the final report that summarizes self-blame and victim-blaming attitudes that shifts the focus of the report on no conclusive findings and no further action taken
- a “blind-eye” approach on any future complaints or concerns aired by the victim after the sexual assault if reported and documented by the agency.
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