Because of the high prison population in the United States the country has become probably the first and only in the world where rape of men is more common than of women.
[11] In the United States, public awareness of the phenomenon of prison rape is a relatively recent development and estimates to its prevalence have varied widely for decades.
[citation needed] The threat of HIV, which affects many of those raped in prison, has also resulted in the increase of reported cases for the benefit of medical assistance.
According to the study conducted by the United States Department of Justice for the year 2006, there were 2,205 allegations of inmate-on-inmate non-consensual sexual acts reported in the U.S. prison system, 262 of which were substantiated.
The test consisted of six questions on how often had the inmates felt nervous, hopeless, restless, depressed, effortless, and worthless in the past 30 days.
According to the U.S. Department of Justice, in December 2008, a total of 21,987 inmates in both federal and state prisons were HIV positive or were confirmed to have AIDS.
[20] Prisons and jails currently hold significantly high rates of HIV compared to the general population at large.
Especially for the receptive partner, outcomes of coerced sex tear the membrane of the anus or vagina and cause profuse bleeding.
Transgender people notoriously, "face high risks of HIV transmission and incarceration as a result of criminalization, discrimination in health settings, punitive law enforcement, and social marginalization".
[26] Despite being highly recommended by public health officials, preventative materials against the transmission of STIs, including condom distribution, HIV testing, and counseling and risk assessment, are rarely accessible to prisoners.
[31] Although the sexual assault reporting system is notoriously flawed because of inmate fear or pride, elaboration on this statement is found in a recent publication.
We hope federal legislation will not only create incentives for states to take this problem seriously, but also give facilities the tools and information they need to prevent it."
According to the research of AP, a culture of predatory personnel at the Dublin prison in California was driven by cover-ups that maintained their actions mostly hidden from the public eye for years.
Sexual assault victims deal with severe shame and fear, which plays a significant role in their decision to report the crime.
"Certain communities and settings" make it more difficult to report assault; for instance college campuses are notorious for not handling rape claims appropriately.
A study conducted by five reputable scholars analyzed "what factors" are important to the decision making process of women behind reporting sexual assault in prison "in an effort to inform or enhance the implementation of PREA."
The results of Garland and Wilson's analysis of the data were "sixty-five percent of the inmates studied" agreed that reporting sexual assault is the same as snitching.
[38] A journal written by four scholarly researchers, the subject of rape myth acceptance (RMA) was analyzed to see how it affects the reporting of sexual assault with women.
It is disclosed that individuals that report their assault early on "can result in higher self-esteem and fewer post traumatic stress disorder (PTSD) symptoms."
The privatization of correctional facilities can be harmful to public health, yet the incentive to screen and treat inmates at a cost is low.
Prison rape has "long been recognized as a contributing factor in fights, homicides, insurrections, and other forms of institutional violence".
The "physical and psychological problems resulting from prison rape also make it difficult for former inmates to keep steady jobs or to assimilate back into the normal routines of life".
One expert voiced that "a high prevalence of prison rape results in higher recidivism, more homelessness, or at best individuals requiring some form of government assistance."
Michael Horowitz, senior fellow at the Hudson Institute, is credited by many "as being the creative force behind the prison rape legislation": PREA.
He "was influential in initiating the idea, developing the legislative language, and coordinating a groundswell of support for the bill from a diverse coalition of public interest, religious, and policy groups".
The "diverse coalition included Amnesty International, Concerned Women of America, Focus on the Family, Human Rights Watch, Justice Policy Institute, NAACP, National Association of Evangelicals, Open Society Policy Center, National Council of La Raza, Prison Fellowship, Stop Prisoner Rape, and many other organizations".
"[45] In 2007, the US Supreme Court refused to hear the case of Khalid el-Masri, who had accused the CIA of torture, including "forced anal penetration", due to state secrets privilege.
[46][47] In 2012, the US Justice department issued nationally enforceable protocols to all correctional institutions to expand upon the provisions of the 2003 PREA ACT.
Attorney General Eric Holder noted that "these standards are the result of a thoughtful and deliberative process – and represent a critical step forward in protecting the rights and safety of all Americans.
The act applies to all public and private institutions that house adult or juvenile offenders and to community-based correctional agencies.