NCJ Number
97503
Journal
Pacific Law Journal Volume: 15 Issue: 3 Dated: (April 1984) Pages: 899-923
Date Published
1984
Length
25 pages
Annotation
This article surveys the literature on sexual assault in correctional institutions, analyzes sexual assault in the context of the eighth amendment, and reviews recent U.S. Supreme Court interpretations of the prohibitions against 'cruel and unusual punishment.'
Abstract
The problem of homosexual rape in the California penal system is analyzed, and the classic victim is characterized: he is generally a white, middle-class male with a slight build and an attractive demeanor. The effects of living with verbal harassment and the constant threat of physical abuse and rape are explored. Also examined is the current status of the eighth amendment as a theory of relief for inmates imprisoned under conditions including a high threat of sexual assault. Attention is focused on the Fourth Circuit Court of Appeals' decision in Woodhous v. Virginia, which seems to support a highly vulnerable inmate's right to be free from sexual assault under the eighth amendment. However, the U.S. Supreme Court's decision in Rhodes v. Chapman is described as implying that State prison policies concerning conditions of confinement should be respected. A review of California Supreme Court rulings reveals that a State prisoner clearly could state a cause of action under the California Constitution of the prohibition of 'cruel and unusual punishment.' Types of reliefs and remedies available to inmates who have established an argument that a certain form of confinement subjects them to cruel or unusual punishment are described, and include protective segregation and transfer to another facility. Included are 239 notes.