UPDATE: In July 2003, the Prison Rape Elimination Act of 2003 was passed unanimously by both the House of Representatives and the Senate. On September 4, 2003, President Bush signed the bill into law. No further action is requested at this time. The Honorable John Ashcroft Dear Mr. Attorney General: I am very concerned that prisoners in the United States face rape and other forms of sexual abuse while incarcerated. Because I believe that we can and should protect prisoners from sexual violence and exploitation, I urge the Department of Justice, including its National Institute of Corrections, to pay greater attention to this important issue, and to support federal legislation to reduce prison rape. The reality of sexual abuse in prison is deeply disturbing. Rapes can be almost unimaginably vicious and brutal. In addition to the obvious threat of HIV transmission, prisoner-on-prisoner sexual abuse can leave life-long psychological scars. Serious questions arise as to how the trauma of sexual abuse resolves itself when these inmates are released into society. Certain prisoners are targeted for rape the moment they enter a penal facility: their age, looks, sexual orientation, and other characteristics mark them as candidates for abuse. When such prisoners report that they have been threatened with rape or, worse, actually assaulted, it is crucial that their complaints meet with a rapid and effective response. Yet, as Human Rights Watch documented in a 2001 report, correctional staff all too often ignore complaints of rape. Left unprotected, some prisoners end up becoming the "slaves" of their rapists. They may be "rented out" for sex, "sold," or even auctioned off to other inmates. Their most basic choices, like how to dress and who to talk to, may be controlled by the person who "owns" them. Like all forms of slavery, these situations are among the most degrading and dehumanizing experiences a person can undergo. My concerns about prison rape are reinforced by the findings of recent academic studies, which documented shockingly high rates of sexual abuse in men's prisons, including forced oral and anal intercourse. In December 2000, the Prison Journal published the results of a survey of inmates in seven men's prison facilities in four midwestern states. The survey found that 21 percent of the inmates had experienced at least one episode of pressured or forced sexual contact since being incarcerated, and 7 percent had been raped in their facility. As head of the Department of Justice, you can take steps to address this serious abuse by ensuring that the National Institute of Corrections (NIC) develops model protocols for investigating complaints of rape and holds training programs on the issue for corrections staff. The NIC should also make an effort to collect, maintain and disseminate data relating to prison rape, including data on state prosecutorial authorities' failure to prosecute such crimes. I also urge you to ensure that the Civil Rights Division of the Justice Department is attentive to the problem of rape in prison. The Civil Rights Division should, for example, investigate reports of prison sexual abuse and vigorously pursue any that rise to the level of pattern and practice cases. The Special Litigation Section of the Civil Rights Division should also name an attorney responsible for overseeing investigations of prison sexual abuse. Thank you for your consideration of this important issue. Sincerely yours,
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