No Comment — March 18, 2011, 2:25 pm

The Justice Department’s Prison Rape Problem

The abuses at Abu Ghraib and Guantánamo, the mistreatment of Private Bradley Manning: cases like these grab headlines around the world. But comparable crimes that occur in civilian prisons in the United States tend to get overlooked and even taken for granted. In an engaging review-essay in the New York Review of Books, David Kaiser and Lovisa Stannow address the issue of sexual abuse in prisons and the shocking failure of the U.S. government to discipline prison guards who mistreat inmates. Consider the plight of a small-time embezzler named Jan Lastocy:

Back in 1998, Jan Lastocy was serving time for attempted embezzlement in a Michigan prison. Her job was working at a warehouse for a nearby men’s prison. She got along well with two of the corrections officers who supervised her, but she thought the third was creepy. “He was always talking about how much power he had,” she said, “how he liked being able to write someone a ticket just for looking at him funny.” Then, one day, he raped her.

Jan wanted to tell someone, but the warden had made it clear that she would always believe an officer’s word over an inmate’s, and didn’t like “troublemakers.” If Jan had gone to the officers she trusted, they would have had to repeat her story to the same warden. Jan was only a few months away from release to a halfway house. She was desperate to get out of prison, to return to her husband and children. So she kept quiet—and the officer raped her again, and again. There were plenty of secluded places in the huge warehouse, behind piles of crates or in the freezer. Three or four times a week he would assault her, from June all the way through December, and the whole time she was too terrified to report the attacks. Later, she would be tormented by guilt for not speaking out, because the same officer went on to rape other women at the prison…

For all these reasons, a large majority of inmates who have been sexually abused by staff or by other inmates never report it. And corrections officials, with some brave exceptions, have historically taken advantage of this reluctance to downplay or even deny the problem. According to a recent report by the Bureau of Justice Statistics (BJS), a branch of the Department of Justice, there were only 7,444 official allegations of sexual abuse in detention in 2008, and of those, only 931 were substantiated. These are absurdly low figures. But perhaps more shocking is that even when authorities confirmed that corrections staff had sexually abused inmates in their care, only 42 percent of those officers had their cases referred to prosecution; only 23 percent were arrested, and only 3 percent charged, indicted, or convicted. Fifteen percent were actually allowed to keep their jobs.

The total number of incidents of sexual abuse involving prisoners in the United States is more in the order of 216,000 per year: that’s the number that the BJS estimated for 2008. “Overall,” report Kaiser and Stannow, “most victims were abused not by other inmates but, like Jan, by corrections staff.” A congressional commission, acting under a statutory mandate with bipartisan support, delivered its findings and recommendations on the problem to Attorney General Eric Holder in June 2009. Holder was supposed to implement them within a year. He failed to do so. With a handful of exceptions, the attitude adopted by the Justice Department toward the commission has to be called hostile; it seems determined to dilute the recommendations. The Department’s principal argument against much of the reform agenda is budgetary—special monitoring and reporting functions would cost too much, it claims. It appears from this that the Department attributes little value to the right of prisoners not to be raped by federal employees.

There is another approach that might resolve these problems. The attorney general and his senior deputies who exercise control over the Bureau of Prisons could be held personally accountable for the scandalous extent of rape at federal prisons. They’ve been on notice for some time of the problem and they demonstrate no enthusiasm in addressing it. Their conduct therefore makes the well-defined pattern of abuse possible. The doctrine of per se ministerial liability, already applied with respect to prisons under the laws of war, seems to cover this situation perfectly. It provides that the ministerial authorities with responsibility for a prison are charged with personal liability for serious crimes committed against prisoners there if they fail systematically to establish appropriate rules, enforce them, and punish prison guards who mistreat prisoners. Its application might quickly change the Justice Department’s attitude to prison rape.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2015

The Trouble with Israel

= Subscribers only.
Sign in here.
Subscribe here.

A Camera on Every Cop

= Subscribers only.
Sign in here.
Subscribe here.

New Books

= Subscribers only.
Sign in here.
Subscribe here.

In the Shadow of the Storm

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
What Recovery?·

= Subscribers only.
Sign in here.
Subscribe here.

“Between 2007 and 2010, Albany’s poverty rate jumped 12 points, to a record high of 39.9 percent. More than two thirds of Albany’s 76,000 residents are black, and since 2010, their poverty rate has climbed even higher, to nearly 42 percent.”
Photograph by Will Steacy
Article
Rag Time·

= Subscribers only.
Sign in here.
Subscribe here.

From a May 23 commencement address delivered at Hofstra University. Doctorow died on Tuesday. He was 84.
“We are a deeply divided nation in danger of undergoing a profound change for the worse.”
Photograph by Giuseppe Giglia
Article
The Trouble with Israel·

= Subscribers only.
Sign in here.
Subscribe here.

“We think we are the only people in the world who live with threat, but we have to work with regional leaders who will work with us. Bibi is taking the country into unprecedented international isolation.”
Photograph by Adam Golfer
Post
Greece, Europe, and the United States·

= Subscribers only.
Sign in here.
Subscribe here.

These are tough times for parents. Not because child rearing has gotten any harder — it’s the same as it ever was — but because we are newly overrich in hand-wringing books and articles on the subject. The decision to have children, according to these panicked dispatches, is only the first in a cascade of choices that will either make or break your kid, save or ruin your life. This forum, however, is not prescriptive but descriptive: not “how you should” but “how we have,” which is probably the best kind of advice a mother or father could give. The poem and …
Photograph by Stefan Boness
Article
How to Be a Parent·

= Subscribers only.
Sign in here.
Subscribe here.

“The poem and the essays that follow tell you things about being a parent that you can’t get from a jeremiad about having it all or a numbered list of sleep-training tips.”
© Erich Lessing/Art Resource, New York City

Number of pages in the bills that created Social Security and the Federal Trade Commission, respectively:

29, 8

A case study was published about a man who has consumed 40,000 pills of ecstasy, a new world record. The man suffers from memory problems, paranoia, hallucinations, and depression, as well as painful muscle rigidity that keeps him from opening his mouth.

A plane carrying skydiving students landed on a busy highway in New Jersey.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today