Rape in Prisons - Simple Solution

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When men in Congress contemplate rape in US prisons, two thoughts probably comprise most of their opinions. 1) What do prisoners expect, daycare? 2) Men are by natural definition driven to sex, therefore, it is an unsolveable problem. But, underlying both of these thought processes is the assumption that rape in prison just comes with the punishment, free gratis. Ending rape in prisons would have an effect on the number of rapes in civilian society. If it were not tolerated in prison, fewer parolees would be conditioned to it upon release.

All that is lacking to virtually end rape in prisons is political will. The victims of rape in prison are no less helpless than a child kidnapped for the same purpose by a pedophile. And the act by the perpetrator is reinforced everytime they commit another rape in prison. Rape is an act of violence, and failure to end rape in prisons is a failure by American society to also prevent violence perpetrated by those revolving through our prison doors. America must end this cycle of violence and there is no better place to halt the cycle than in prison where officials have almost total control of the environment.

The solution is simple. Pass laws making rape in prison a capital offense. DNA would virtually guarantee every perpetrator was caught, isolated, and tried for their capital offense. This one simple law and act by the American people would also put pedophiles on notice... their crimes may become capital next. It is high time Americans quit excusing this act of violence as a natural act. It is time America put rape on the same level as murder and put an end to one of the seedbeds of this type of crime, our prisons.

An excellent personal story of this heinous violent act is examined in an article by Daniel Brook, entitled, The Problem of Prison Rape.

4 Comments

The solution is simple. Pass laws making rape in prison a capital offense. DNA would virtually guarantee every perpetrator was caught, isolated, and tried for their capital offense.

I agree more should be done to prevent rape in prison. There are two potential problems to your suggested solution. One, as in the outside world, there would be disputes about whether sex was consensual. Second, by making it a capital offense, there would wind up be massively expensive to prosecute and defend these cases. This would make it too expensive to be realistic.

Reed, I agree with both your points. Evidenciary rules could not be different. But, as to the cost, I believe a it would be possible to establish a more cost effective and expedited trial system for crimes committed in prison without compromising current trial law statutes and precedents.

Appreciate the feedback.

I think that there should be serious consequences for rapes in prison and jail. I do not think that capital punishment is the solution because of the time, money, and efficiency of this process. I feel that there should be a serious punishment however, and that the guards should be punished as well for letting matters go unnoticed. Putting cameras up may help with proving molestaion, rape, or guards not reporting things.

Nicole said:

I do not think that capital punishment is the solution because of the time, money, and efficiency of this process.

Nicole, these are excellent points you raised. There is no way to argue that the death penalty as implemented today, could be efficient.

I would suggest however, that rape in prisons and jails are (if videotaped as you suggest) are crimes that could be litigated in a far more efficient manner. Rape in the general public arena, heinous as it is, can be a crime argued to have many mitigating circumstances and murky motives on the part of the both the perpetrator and victim (spouse for example).

It seems to me a more rigid set of rules could be applied for crimes committed in prisons that could make the process highly efficient, insure fairness and justice, and be expedited to result in trial within a month, a verdict within a couple weeks, appeals fulfilled within 12 months of sentencing, and execution of sentence immediately upon the conclusion of the appeal period.

Of course, this would require a separate court system devoted only to crimes committed while in a state of arrest by the state. But, because of the narrow focus, this judicial system would be very small, efficient, and expedited.

If prisoners knew such a system existed and capital crime sentencing would be executed in less than 2 years, I think it could have many positive results and effects to include reduced prison recidivism.

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This page contains a single entry by David R. Remer published on May 13, 2005 8:11 PM.

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