UPDATE: In July 2003, the Prison Rape Elimination Act of 2003 was passed unanimously by both the House of Representatives and the Senate. On September 4, 2003, President Bush signed the bill into law. No further action is requested at this time.

For the Senate:
The Honorable ___________
U.S. Senate
Washington D.C., 20510

For the House of Representatives:
The Honorable ___________
U.S. House of Representatives
Washington, D.C., 20515

Dear Senator ___________: (or Dear Congressman/Congresswoman:)

I am deeply troubled that prisoners in the United States face rape and other forms of sexual abuse while incarcerated. Because I believe that we can and should protect prisoners from sexual violence and exploitation, I urge you to support the Prison Rape Reduction Act of 2003. I hope you will also work to address several key issues that will strengthen the bill and more effectively prevent and punish sexual abuse in prisons.

The reality of sexual abuse in prison is deeply disturbing. Rapes can be almost unimaginably vicious and brutal. In addition to the obvious threat of HIV transmission, prisoner-on-prisoner sexual abuse can leave life-long psychological scars. Serious questions arise as to how the trauma of sexual abuse resolves itself when these inmates are released into society.

Certain prisoners are targeted for rape the moment they enter a penal facility: their age, looks, sexual orientation, and other characteristics mark them as candidates for abuse. When such prisoners report that they have been threatened with rape or, worse, actually assaulted, it is crucial that their complaints meet with a rapid and effective response. Yet, as Human Rights Watch documented in its 2001 report on the topic of prison rape, correctional staff all too often ignore complaints of rape.

Nor is prison rape treated as a crime by state prosecutorial authorities. Very few perpetrators of rape in prison ever face criminal charges. The number actually prosecuted is infinitesimal.

Left unprotected, some prisoners end up becoming the "slaves" of their rapists. They may be "rented out" for sex, "sold," or even auctioned off to other inmates. Their most basic choices, like how to dress and who to talk to, may be controlled by the person who "owns" them. Like all forms of slavery, these situations are among the most degrading and dehumanizing experiences a person can undergo.

My concerns about prison rape are reinforced by the findings of recent academic studies, which documented shockingly high rates of sexual abuse in men's prisons, including forced oral and anal intercourse. In December 2000, the Prison Journal published the results of a survey of inmates in seven men's prison facilities in four midwestern states. The survey found that 21 percent of the inmates had experienced at least one episode of pressured or forced sexual contact since being incarcerated, and 7 percent had been raped in their facility.

The Prison Rape Reduction Act of 2003 (H.R. 1707), which has been reintroduced in the House of Representatives and awaits reintroduction in the Senate, provides for the analysis of the incidence and effects of prison rape, and also provides information and resources to protect individuals from prison rape in federal, state and local institutions. These are important measures that will encourage much-needed efforts to ensure that a prison sentence is not a sentence to violence and abuse. While the current language represents an important first step in addressing this pervasive human rights violation, I urge you to make the following changes to the bill to strengthen its effectiveness:

• Include a findings and purpose section in the bill that expresses Congress' view that prison rape is a human rights violation and that all prisoners should be safe from rape and other violence.

• Mandate that all prison sexual abuse -- whether committed by inmates or by correctional staff -- be addressed in data collection, training, technical assistance, standards, prevention programs, complaint mechanisms, and investigation and punishment.

• Mandate an assessment of existing obstacles to obtaining judicial remedies by inmates and create an exemption from the requirements of the Prison Litigation Reform Act (PLRA) for cases of rape or other violence.

• Ensure that states meet their obligations to prevent, punish and investigate rape regardless of any expenditure of additional funds that may be necessary.

• Mandate an assessment of the special risks posed by housing juveniles in adult facilities and of the incidence of prison rape of juvenile offenders in both juvenile and adult facilities.

Thank you for your consideration of this important issue.

Sincerely yours,