NCJ Number
178439
Journal
American Criminal Law Review Volume: 36 Issue: 1 Dated: Winter 1999 Pages: 1-51
Date Published
1999
Length
51 pages
Annotation
Sexual harassment among male inmates is examined: its causes and frequency, the characteristics of victims and victimizers, the responsibilities of correctional personnel for addressing this problem, and structural remedies for addressing sexual harassment in prisons.
Abstract
Sexual harassment is common among male inmates. It includes statements that feminize the targeted inmate; sexual propositions; sexual extortion; and unwanted kissing, touching, or fondling of intimate body areas. Sexual harassment is unwanted, and offensive and often results in acute fear of sexual assault. Existing case law on sexual harassment of male inmates is factually limited thus far to the targeting of inmates by correctional officers. However, prison personnel have the constitutional duty to safeguard inmates from harm. Sexual harassment among male inmates can inflict the type and degree of injury prohibited by the Eighth Amendment prohibition of cruel and unusual punishment. Nevertheless, prison officials often tolerate pervasive sexual harassment. Thus, corrections managers should take several actions to counter sexual harassment among male inmates. These actions should include prison rules that explicitly bar the four forms of sexual harassment, consistent enforcement of these rules, segregation of inmates known or predicted to be sexually assaultive, and a prison regime that engages in the direct and continuous supervision of inmates under conditions that promote their legitimate needs and aspirations. Footnotes