Prison Rape

After more than four decades of research, it is still unclear how much rape and sexually violent activity occurs in prisons, jails, and other corrections facilities in the United States. What is clear from research is that, as with rape in free society, prison rape goes largely unreported.

Of the hundreds of studies in institutional corrections, less than 25 research studies have been conducted on prison rape. Of those studies, some asked inmates to describe their victimizations, including nonconsensual activities other than rape, while others examined official reports filed by inmates. Because none of these studies were national in scope, it remains difficult to estimate the extent of the problem. A meta-analysis of this research estimates a 1.91 percent lifetime prevalence for all inmates in the United States (Gaes and Goldberg, 2004).

In 2004, the Bureau of Justice Statistics (BJS) examined administrative records from adult and juvenile facilities at State and local levels. According to these official records, slightly more than 8,000 male, female, and juvenile inmates—or 0.005 percent of the total incarcerated population—reported that they had been victims of sexual violence while incarcerated. An even smaller percentage of inmates' claims were substantiated (Beck and Hughes, 2004).

Thus, although the Prison Rape Elimination Act (PREA) 2003 states that 13 percent of all inmates have been raped in American prisons and jails, the most recent research estimates less prevalence of rape, whether inmate-on-inmate or staff-on-inmate sexual misconduct (Bureau of Justice Statistics, 2004; Beck and Hughes, 2004).

Whether the number of prison rapes is large or small, the Prison Rape Elimination Act of 2003 requires that Federal, State, and local correctional facilities maintain and enforce a zero-tolerance policy on sexual assault, including inmate-on-inmate and staff-on-inmate misconduct. NIJ was given the task under PREA to conduct research on rape in prisons, jails, and lock-up facilities.