Mass Incarceration and Rape

Mass incarceration is by far the greatest crisis facing Black America, ultimately eclipsing all others. It is an overarching reality that colors and distorts every aspect of African American political, economic and cultural life, smothering the human – and humane – aspirations of the community. Even the boundless creativity of youth cannot escape the chains that stretch from the Gulag into virtually every Black social space. We hear prison, talk prison, wear prison and – to a horrific degree – have become inured to the all-enveloping presence of prison in virtually every Black neighborhood and extended family.

After more than three decades of mass Black incarceration as national policy, Black America teeters at the edge of an abyss, unable to muster more than a small fraction of its collective energies to advance its agenda in housing, employment and education. The community has been poisoned by massive, ever increasing infusions of the prison experience – a debasement that now permeates much of the fabric of Black life.

Yet mass Black incarceration is not a political priority for much of what passes for Black leadership. A deep and historical current in Black America feels far more shame than anger at the ever lengthening line of march through the prison gates. For others, the incremental blending of community and prison through the constant human traffic between the two, seems like a natural state of affairs. Associate Editor Bruce A. Dixon writes:

When Black anger does erupt, it is too often directed only at those who are already paying for having been caught up in the induction mechanisms of the Prison Nation. Although it is true that few inmates are “political prisoners” in the narrow sense of the term, America’s rise as the world’s prison superpower was certainly the result of calculated political decision-making. “Mass incarceration was the national response to the Civil Rights and Black Power Movements, a white societal reaction to Black intrusions onto white ‘space,’” wrote , March 18. “White society clearly approves of the results: massively disproportionate Black and Latino incarceration.”

Since 1971, U.S. prisons and jails have grown ten-fold – from less then 200,000 inmates to 2.1 million – while whites have dwindled to only 30 percent of the prison population. With only five percent of the world’s people, the U.S. accounts for 25 percent of the planet’s prisoners – fully half of them Black. One out of eight prisoners on Earth is African American. That’s race politics with a vengeance.

The U.S. broke with historical patterns of incarceration – a little over 100 prisoners per 100,000 population – in the mid-Seventies. Then, with roughly equal fervor, Presidents Reagan, Bush, Sr. and Clinton and each of the states methodically assembled the world’s largest Gulag. As the Justice Policy Institute reported in 2001, the Black prison population exploded.

The Institute notes that, “In 1986 and 1988, two federal sentencing laws were enacted that made the punishment for distributing crack cocaine 100 times greater than the punishment for powder cocaine.” No, Black crack dealers and users are not “political prisoners” – but they are imprisoned for long stretches and in huge numbers for what are clearly political reasons.

Unless there exists a Black “prison gene,” politics is the reason that 12 percent of African-American men ages 20 to 34 are in jail or prison. The evidence is irrefutable: mass incarceration of African Americans is national policy.

Thus, the engines of mass Black incarceration keep turning, faster and faster every year, whether crime is up or down. The only constant: more Blacks in prison.

Misplaced rage

National policies are far more powerful than conspiracies, which tend to die with the men who hatch them. The U.S. policy to imprison ever higher proportions of the Black population, is open-ended – there appears to be no limit. Yet, as the incarceration machinery grinds away at Black society, internal voices full of hatred for other Black people join the racists in turning reality on its head, blaming African American “culture” for the relentless warehousing of Black men, women and juveniles. Clearly, the reverse is true: prison has worked its corrosive effects on Black culture.

African American culture has been profoundly victimized by three decades of mass incarceration. This is largely the fault of those Blacks who failed (or refused) for all these years to mount sufficient political resistance to the prison body-snatchers. It is both cruel and redundant to heap more scorn on people who are, quite literally, besieged by a hostile state.

By the mid-Eighties, only a (culturally) blind person could have failed to see that the prison experience had reached critical mass among Black youth in America’s big cities. The ill-fitting pants without belts, the unlaced or lace-less footgear – that was the culturally shared prison experience, manifesting. The hip hop “sensibility” cannot be separated from the pervasiveness of prison – its presence in ghetto life. It is the now-inescapable influence – the logical cultural product of objective facts.

Many of the same Black opinion-molders who ignored (or even encouraged) the state’s criminalization of entire neighborhoods, in favor of celebrating the escape of people like themselves from these neighborhoods, now express shock at the crudity, violence and raw aggression of some hip hop performers’ on- and off-stage behavior. Lyrical misogyny is blamed on failures of “parenting” and other deviations from traditional Black culture. Preaching and moralizing is prescribed, rather than a race-wide mobilization against a state policy of mass Black incarceration, the primary vector of Black street culture.

There is much more horror in the prison pipeline, which empties directly into the reservoir of Black life. Self-righteous howls of indignation at the warping of Black culture are irrelevant to the millions of African Americans who have been made witness, victim or perpetrator of rape – a near-universal experience in the Black American Gulag. In such a world, everything and everyone is a “bitch.”

Prison rape pervasive

At least 90% of assaults are not even reported to staff. The units with the younger offenders seem to carry by far the higher rates of sexual assaults. – Texas inmate R.B. to Human Rights Watch

I have seen or heard of rapes on a weekly basis at the least. Mostly it is a daily occurrence. Rapes are a very common occurrence due to the fact of coercion being “played” on ignorant first timers. Once someone is violated sexually and there is no consequences on the perpetrators, that person who was violated then becomes a mark or marked. That means he’s fair game. – Indiana inmate M.B.

Each year, hundreds of thousands of young Black men and boys (and record numbers of women and girls) are immersed in the most intensely coercive environment imaginable. Older inmates and ex-prisoners uniformly report that prison rape has become exponentially more prevalent, with gangs dominating the closed world behind the bars. Human Rights Watch activist and lawyer Joanne Mariner, writing in FindLaw, reported extraordinary levels of sexual assault.

”In December 2000, the Prison Journal published a study of inmates in seven men’s prison facilities in four states. It found that 21 percent of the inmates had experienced at least one episode of pressured or forced sexual contact since being incarcerated, and nearly one out of ten had been raped.

Pat Nolan, Vice President of former Nixon aide Charles Colson’s Prison Fellowship, wrote:

The legislation provides $40 million in grants for rape prevention – the bulk of which are likely to be awarded to religious groups associated with the bill’s conservative supporters – authorizes a Department of Justice panel to subpoena officials at prisons with high sexual assault rates, and creates an independent, nine-person commission on prison rape. The Department of Justice in March released a report on its preliminary discussions for implementing the legislation.

For all its good intentions, however, the bill is ill-equipped to deal with the prison rape horror.

”One statute bars poverty lawyers who get federal funds from representing prisoners. Another sets the fees so low for private lawyers who sue successfully that few can afford to take on prison cases….

”Harshest of all is the Prison Litigation Reform Act of 1996, passed by a Republican Congress and signed by President Clinton. Among other things it requires prisoners to exhaust a prison’s ‘administrative remedies’ for mistreatment before they can sue. They may have as little as five days to do that; they may not know how, and they may face retaliation if they complain. If they fail that barrier, they have waived their rights.”

Without basic constitutional rights, inmates remain at the mercy of the prison bureaucracy – the very men who oversee and orchestrate the barbarity.

Lords of discipline

They wanted to humiliate us. It was disgusting. They covered our heads with plastic bags and hit our backs with sharp objects, which added to our wounds. They then took off all our clothes, made us stand next to the wall and carried out immoral acts that I cannot even talk about. Women soldiers took pictures of naked men and did not care.” – Iraqi former prisoner Hashim Muhsin, speaking to Al Jazeera

Charles was just filled with the glee of opportunity to go over there, because he said as we’re walking down the corridor, “I can’t wait to go kill some sand niggers.” That smile he showed, he showed best when he was getting some prisoner to lose it, to snap, to lose his mind and scream at Charles. He loved it. – Former death row inmate Nicholas Yarris, recalling to CNN his memories of prison guard Charles Graner, later charged with abusing prisoners at Abu Ghraib.

Texas prison inmates continue to live in fear. More vulnerable inmates are raped, beaten, owned, and sold by more powerful ones. Despite their pleas to prison officials, they are often refused protection. Instead, they pay for protection, in money, services, or sex. – Texas Judge William Wayne Justice, after hearing lengthy expert and inmate testimony on prison conditions.

The Black clergy did not take the lead in championing the Prison Rape Elimination Act. And it was factors wholly external to the African American community – the Iraqi prisoner abuse scandal – that indirectly brought media attention to the savagery of U.S. prisons, where the Iraq malefactors learned their psycho-sexual torture skills.

In a May 8 New York Times article, Fox Butterfield drew a direct line between Abu Ghraib and the American Gulag.

Fellow Timesman Bob Herbert, in a May 31 column, described a 1996 Georgia Department of Corrections raid on inmates’ living quarters at Dooly State Prison:

”Officers opened cell doors and ordered the inmates, all males, to run outside and strip. With female prison staff members looking on, and at times laughing, several inmates were subjected to extensive and wholly unnecessary body cavity searches. The inmates were ordered to lift their genitals, to squat, to bend over and display themselves, etc.

”One inmate who was suspected of being gay was told that if he ever said anything about the way he was being treated, he would be locked up and beaten until he wouldn’t ‘want to be gay anymore.’ An officer who was staring at another naked inmate said, ‘I bet you can tap dance.’ The inmate was forced to dance, and then had his body cavities searched. An inmate in a dormitory identified as J-2 was slapped in the face and ordered to bend over and show himself to his cellmate. The raiding party apparently found that to be hilarious.”

Scenes of Iraqi torture miraculously gave media credibility to long-ignored pleas for justice in the U.S. prison system. The Newark Star Ledger gave space to a letter from Bonnie Kerness, of the Quakers’ Prison Watch Project:

“The children in juvenile detention facilities talk about being physically and sexually abused. They tell us that children as young as 12 are placed in isolation, with one youngster noting that ‘the guards call you names. If they don’t physically abuse you, they mentally abuse you. One guard was calling me names and I didn’t even know what they meant.’ Another said, ‘two guards in intake told me to strip naked and then they watched me.’ Another talked about being 14 years old when he was placed in the hole where it was freezing and dirty.’

“We hear from women in prisons testifying about being forced to engage in sexual acts or as one woman put it, ‘this was not part of my sentence to engage in oral sex.’ Another woman wrote that ‘the guards sprayed me with pepper spray because I wouldn’t take my clothes off in front of five male guards.’ The women report racism, being beaten and “being gynecologically examined every time I’m searched.’