Sexual Violence in Prison PDF

SEXUAL VIOLENCE IN PRISON BACKGROUND Prison – correctional services/centers History – Prisons were used by the state to provide cheap black labour. This was done because slavery had just been abolished. Therefore, there was a shortage of labour. Prisons were als...

SEXUAL VIOLENCE IN PRISON BACKGROUND Prison – correctional services/centers History – Prisons were used by the state to provide cheap black labour. This was done because slavery had just been abolished. Therefore, there was a shortage of labour. Prisons were also an essential tool in maintaining apartheid. Therefore, those held within the prison walls have been wronged and victimized in fundamental ways. BACKGROUND However, often times people view prisoners as: Evil Inhuman individuals Undeserving of concern Responsible for the violent crimes – which hurts our society We blame individuals and not structural sources of this violence Systems and social relations also shape individual experience. This bias is deeply implicated in the notion that “criminals and victims are as different as night and day”. Instead, there are many ways in which victimisation may feature in the life histories of prisoners and during their incarceration. PRISON CONDITIONS Human right-based prison reform initiatives and drives for accountability and oversight of detention spaces have, over the years helped shed light on prisoner’s vulnerability to a range of harms and abuse behind bars. The number of people incarcerated is increasing – the number of both sentenced and trial awaiting detainees. Many of these offenders are being held for long period of time for relatively minor offences or some before they are even sentenced. Some of the problems facing prisons include: Overcrowding, inhuman treatment and conditions, and poor independent oversight. Prisoners are allowed for minimal time out of cells and there are few self-development opportunities. Prisons in Southern Africa are similarly under-resourced and over populated. These factors create additional vulnerabilities for prisoners to endure abuse from authorities and other inmates. However, South African prisons have better infrastructure and resources than most on the African continent – but South African prisons are also experiences challenges. SEXUAL VIOLENCE IN PRISON The Jali Commission of Enquiry into corruption, maladministration, violence and intimidation in correctional service – held hearings across the country and its report, which was released in 2006 , underscored the problem of sexual violence. The report indicated that acts of sexual violence were perpetrated on helpless and unprotected prisoners. The Judicial Inspectorate for Correctional Service conducted a survey and their findings revealed that out of 750 inmates that participated in the survey, nearly half of the participants indicated that they believed that sexual violence occurs either: Sometimes (21%) Often (16%) Very often (12%) Participant had received unwanted sexual attention in prison (8%) Muntingh and Satardien (2011) argue that sexual violence in prison is common and pose danger to the safety and dignity of many prisoners, VULNERABILITY TO SEXUAL VIOLENCE IN PRISON Vulnerability - meaning inmate possessing certain characteristics are immediately more vulnerable to sexual violence that others. Characteristics that contribute to vulnerability to sexual violence and other forms of violence include: Having small physique and not being physically strong; Being unable or unprepared to use and withstand violence; Being timid (easily frightened – showing lack of courage or confidence); Being a newly arrived inmate in prison (or other secure facilities) for the first time; Not being street smart in relation to the prison culture, and not being assertive; Being effeminate (having characteristics or ways of behaving associated with women that are considered inappropriate for a man); Being regarded as good-looking, associated with being youthful and ‘fresh’ looking; Being transgender or with a homosexual orientation, or perceived as such; Being intellectual; Being convicted of a non-violent crime; Being convicted of sexual offences against a minor; Being poor, and not receiving visitors while inside; Having mental or physical disabilities. Cont… Vulnerability to prisoner rape and other forms of sexual abuse is strongly influenced by dominant understanding of ‘masculinity’ in men’s prisons: Why? - because there is a close relationship between – experiences of violence and having either a masculine or imposed non-masculine status within prison culture. Being a victim of sexual violence in prison is seen as destroying a man’s masculinity and turning him into a “woman”. Being labelled a “woman” in prison – is understood to establish him as inferior, and signal that he is the sexual property of other masculine –identified inmates. Victims of sexual violence tend to be targeted again and again, many are taken into long-term abusive relationships where they are known as “wyfies” and are expected to provide sex (and other services) to their “husbands” or “bosses”. VULNERABILITY AND THE NOTION OF FEMININITY IN PRISON The link between vulnerability and the notion of femininity in prison – has resulted in the use of violence being associated with prison masculinity whereby those who are unable or reluctant to use violence are viewed as “women”. LGBTQI+ inmates including those that are perceived to be part of the LGBTQ+ community are regularly targeted because they are immediately viewed in a feminised light. Dominant prison masculinity is also associated with being active in the prison economy and being a provider of goods to one’s prison “woman” or “wyfies”. Poor inmates are also viewed by other inmates as likely “women” - their poverty increases their vulnerability to sexual exploitation or manipulation into forced sex and thus womanhood. Newly arrived, first-time inmates – they at a severe risk of experiencing sexual violence because: They are not familiar with the prison works; They are also not familiar with prison culture; They are not equipped to negotiate the numerous threats and manipulations they encounter from other inmates on their arrival. PRISON RAPE AND GANGESTERISM Prison rape and sexual violence in men’s prisons are intertwined with gangsterism. The Numbers gangs - which is a long-standing grouping of prison gangs – are divided into “masculine” ranks. The masculine ranks are associated with fighting, defending and securing resources. The feminine ranks associated with members being required to provide sex and domestic chores to specific masculine-identified gang members. Vulnerable non-gang members may also be raped and then taken as “wfyfies” by other inmates who may or may not be gang members. If perpetrators are gang members – then the raped inmate tends to become the property of the gang. Gangs rapes perpetrated by more than one person are also used by gangs as a form of punishment. Although gangs have prominent place in prisoner rape, however, even those without gang affiliation are also among its perpetrators and victims. FACTORS THAT PREVENT VICTIMS FROM REPORTING There are various factors that prevent victims of prisoner rape from reporting what has happened to them. Threat of further victimisation – perpetrators threaten victims with severe further harm should they speak out about what happened. The nature of the prison environment where victims are often held in the very same cell as their perpetrator – their every move is monitored by fellow inmates - which intensifies the risks. The stigma of being a male victim of rape is also a huge load to bear. Victims of prisoner rape experience trauma Also the disparaging messages coming from those around them (other inmates) - that insist: That their masculinity has been demolished That they are to be blamed for their victimisation That they are no longer worthy of manhood. In our society - there is no space for consideration of men to be victims of sexual violence CHALLENGES EXPERIENCED BY VICTIMS WHEN THEY REPORT Reporting - If survivors do find a way to report, there is also a strong likelihood that their needs will not be addressed. Instead - they are likely to experience additional abuse. They are likely to experience secondary victimisation. Secondary victimisation - A few testimonies from survivors – reveal that they experienced secondary victimisation - they were shrugged off and further humiliated by authority figures from whom they sought help. Key issue being the fact that staff members are ill-equipped to handle cases of sexual violence in prison and to take steps to prevent it. THE ROLE OF CORRECTIONAL OFFICERS The correctional officers: They are responsible for inmate supervision, housing and security. They have the greatest exposure to inmates and are equipped to receive their complaints. They are responsible for ensuring that inmate access social workers, psychologists and medical staff. They are in a best position to receive reports and to detect any abuse that is occurring in prisons. However - correctional officers work under intense pressures and are ill-equipped for this role. CONT… Some officers do not do anything to stop the abuse if they know about a prisoner being forced to have sex against their will. Some officers are involved in “selling” inmates to other – they sell to more powerful inmates to use for sex Some officers take money to turn a “blind eye” if an inmate dares to come forward and report. Some officers share popular oppressive belief and attitudes such as that prisoners do not deserve rights and ‘real men’ do not get raped. Some officers who are willing to report and address prevalent sexual abuse – feel powerless to do anything about it. Issues such as prison conditions such as severe overcrowding, understaffing and dilapidated infrastructure. Some officers regret dismissing victims or those that they later learnt that they were victims. They indicated that it the pressures and conditions of their work, and not being skilled enough to deal with problems of sexual abuse or the ability to recognize signs of abuse. One officer expressed that he experienced great anxiety about handling cases of sexual abuse, fearing that without the necessary training, he could increase victim trauma. Therefore, when officers are ill-equipped to assist victims of sexual offence – it means rape survivors are less likely to be able to access the support, services and safety that they require.