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Prison rape

Forced sexual intercourse in prison

  • 5 min read
  • 4 chapters

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Through Middle East, Human Rights Watch and Amnesty International

United States

In the United States, the overwhelming majority of prison rape cases involve men who are raped by other men. This is due in part to the fact that in the United States the vast majority of incarcerated people are men. Sexual contact with inmates by prison staff is illegal, regardless of supposed consent.

Public awareness of common prison rape is a relatively recent development, and estimates of its prevalence have varied widely over the past several decades. In 1974, Carl Weiss and David James Friar wrote that 46 million Americans would one day be incarcerated; of that number, they held that 10 million would be raped.

According to a US Department of Justice report from 2013, an estimated 5.0% of people incarcerated in state and federal prison, and 3.2% of those in jail, reported at least one incident of sexual victimization in the prior 12 months. However, advocates dispute the accuracy of the numbers due to under-reporting of sexual assaults in prison, especially among incarcerated youths.

In terms of individuals' risk over their entire incarceration, estimates from the 1980s and 1990s range widely. A 1992 estimate from the Federal Bureau of Prisons suggested that between 9% and 20% of inmates had been sexually assaulted. Similarly, studies from 1982 and 1996, concluded that the rate was somewhere between 12% and 14%. In New York State maximum security prisons, a 1986 study put the proportion at around 23%. By contrast, Christine Saum's 1994 survey of 101 inmates determined that 5 had been sexually assaulted.

The Prison Rape Elimination Act of 2003 was the first United States federal law passed specifically dealing with the sexual assault of prisoners. The bill was signed into law on 4 September 2003.

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