Prison Rape Elimination Act. Social Justice of Inmates Incarceration in Hawai`i State Prison Facilities

Introduction

In the United States, rape crimes has increased by more than 85% since the 1970’s, and the statistics shows that rape cases had fell last year to 2.8 rapes for every 1,000 people.¹ Yet, these are statistics that only show the rape crimes being reported to the authorities in the last few decades. Rape crimes extended to such examples like; husbands or boyfriends rape about 28% of victims, whereas 35% of rapes cases involved by acquaintance and 5% of rape cases involving by family members.² There are 300,000 reports of inmates being raped in prison each year in the United States.³ The National Institute of Justice quotes, “more than 8,000 male, female, and juvenile inmates (in the U.S.) have been victims of sexual violence while incarcerated.”⁴ Although this problem continues to persist, new policies are being developed to try to prevent, and handle, sexual assaults in prisons.⁵ The statistic on rape in the U.S. and Hawai`i corrections have a common element: prison rape.<sup>6</sup> There are substantial amounts of prison rapes have occurred, but they are never reported.<sup>7</sup> Prison rape continues to be a major problem in corrections that has lingered within the American prison systems through the decades.<sup>8</sup> By 2003, Prison Rape policy was passed in order to alleviate the number of prison rape cases that have occurred over the years. Hawai`i corrections may not stop many inmates from getting raped in prison, but this bill can prevent future prison rapes from occurring.⁹

History

Prison rape has been around throughout human history. Prison rape history goes as far back to the days of the Hellenistic¹⁰ period through the captivity in the Great Wars¹¹ has been, several hundred thousands of prisoners, a terrible sexual experience, the like of which out never again to be repeated in the course of human history.¹² Prison rape has gained more attention because it is readily perceived as an institutional and social problem.¹³

Prison Rape has been around through human history. In the United States, this topic began to take noticed in the 1962 when the researchers began to use more precise, research- focused methodologies in their examination of consensual prison sex. Prison rape has gained more attention because it is readily perceived as an institutional and social problem.¹⁴ Since 1962, Prison rape became a hot-topic for both researchers and advocates to discuss and present their arguments into the legislative session. Finally, the Prison Rape Elimination Act was passed in 2003. It took forty-one years to finally get this bill mandated.

Overview

In the State of Hawai`i, there are a total of 8,000 inmates incarcerated in our prison facilities.<sup>15</sup> There are four prison facilities on O`ahu, one on the islands of Kauai, Maui, and Hawai`i, and two on the Mainland. In addition, there are two rehabilitation prison facilities on O`ahu & Hawai`i. The prison facility on O`ahu is a Substance Abuse Treatment program facility, whereas the prison facility on Hawai`i is a Sex Offender Treatment Program prison.

On the local level, there are cases regarding inmates, who were raped in the Hawai`i State prison facilities. There were advocates from the inmate’s victim’s families, who suffered as they witnessed their love ones being molested and raped in prison. By 2003, the Prison Rape Bill was finally passed by the Hawai`i State Legislature. The Community Alliance of Prisons, or simply known as CAP, an organization that focuses on incarceration and prison reform facilities, were the main advocates, who pushed the bill to become enacted. In Hawai`i, there are numerous sex assaults that were filed against the Department of Public Safety (DPS) and the State of Hawai`i over the decades. Through the Prison Rape Policy (HB 2266), inmates, who have been sexually assaulted, are required to contact the police and file a report on the incident. This bill secured the Inmate’s & DPS rights to pursue a criminal charge on sex assault on the perpetrators.

The Significance of the Prison Rape Elimination Act of 2003 Prison Rape Elimination Act of 2003 was created on the federal level for the purpose to establish a zero-tolerance standard for the incidence of prison rape in prison populations via all correctional facilities through the country.¹⁶ In addition, the bill was created to prevent future prison rapes in the prison facilities. Under the act, prevention of prison rape is a top priority in every prison facilities in the United States. This act is to develop and implement national standards for the detection, prevention, reduction, and punishment of prison rape. It is to increase the available data and information on the incidence of prison rape, consequently improving the management and administration of correctional facilities. The act would standardize the definitions used for collecting data on the incidence of prison rape. HB 2266 CD1 came from the Prison Rape Elimination Act of 2003. DPS formed its own policy based on HB 2266 CD1: Procedure in the Event of Physical or Sexual Assault. If an inmate is sexually assault, then the inmate has the right to report it to the chain of command and file criminal charges against the perpetrators.¹⁷ Inmates now have the access to file police report for sexual misconduct due to the act.

Issues of the Policy

Cheryl Bell, Martha Coven, John P. Cronan, Christian A. Garza, Janet Guggemos, & Laura Storto states, “In many American prisons, rape and sexual misconduct are often ignored by prison administrators. The intricate web of sexual favors and violence against inmates pervades the entire prison system, while the basic human rights guaranteed by the Constitution are seemingly disregarded.”¹⁸ Bell et al explained their arguments about prison rape existing in the prison facilities.¹⁹ Gordon James Knowles presents, “The pursuit of power via sexual violence and the enslavement of weaker prisoners is an integral feature of imprisonment throughout the United States in both jails and prisons, and even in the juvenile justice system. It is widely stated that for a considerable number of prisoners, homosexual contact takes place for the first time in their lives confinement. Rape in prison is rarely a sexual act, but one of violence, politics, and acting out power roles. The act of rape in the ultra-masculine world of prison constitutes the ultimate humiliation visited upon a male by forcing him to assume the role of a woman. Prison is not considered sexual and not really regarded as 'rape' in the same sense that society regards the term.”²⁰ Knowles explained that prison rape is about power and authority in how one inmate dominates another inmate.²¹ In the psychological sense, an inmate, who is being rape becomes a woman, which is described as a property of another inmate.²² In more specifically, this property inmate becomes a subject of a sex slave for this dominant inmate’s sexual needs.²³ The dominate inmate is really the predator the situation.²⁴ Due to the existence of the policy, it will eliminate the predator’s attack on the other inmates in conducting this heinous crime. ²⁵

Before the enactment of the Prison Rape Elimination Act or simply PREA,²⁶ prison rape was once a silence hush-hush issue that it does occur in every prison facility here in the State of Hawai`i. There are many prison rape incidents that occurred, which the ACO’s<sup>27</sup> were aware and said nothing and refused to intervene. Helen Eigenberg writes, “In the prison vernacular, we told them to “fight or fuck.” We would caution the that fighting was a rule violation and that they would be punished-possibly losing good time or parole dates as a sanction for “their” violence. I am ashamed that I actually used these words but also recognized that I, like other staff, had been provided with no tools to deal with the problem.”<sup>28</sup> In Hawai`i State Prisons, many male inmates are continuing to being victimized of prison rape. Prison rape is an act of punishment on the ACO’s side for encouraging other inmates to commit this crime to show their abused authority.²⁹ This policy does address the problem on these accounts: it makes it mandatory for all ACO’s to report any incidences of prison rape crimes to the appropriate officials.³⁰

According to the Office of the Ombudsman reports, “Strip searching an inmate is a lawful objective. Grabbing inmate X’s mouth to open it, as part of a strip search and for the purpose of retrieving suspected contraband after the inmate fails to respond to the ACO.’s question or to surrender the object to the ACO would be considered the use of reasonable force.”³¹ Both male and female rape cases are less frequently identified because it was kept a secret. It seemed that both male and female inmates are neglected due to prison rape because society does not consider them as victims of their own crime.³²

Grievance Officer Lieutenant from Maui Community Correctional Center notes, “Today, all ACO’s has to response objectively when there is a gang-rape. We cannot think the inmates deserve this punishment. After this policy became law, it angered many of the ACO here MCCC because of the abusive authority on the inmates and expect them to get away. I don’t like this policy myself, but I have to follow it because it’s P&P³³ for DPS.”³⁴ Since the mandate of this policy, many ACO and this Lieutenant were forced to do their jobs by protecting the inmates from prison rape. After interviewing the lieutenant, it was clear that the ACO’s abusive power had never been address until now.

HB 2266 CD1: Prison Rape Policy

HB 2266 CD1: Prison Rape Policy under the Hawai`i State law is to establish policies and standards to provide appropriate treatment to victims of prison rape and to prevent the occurrence of prison rape.³⁵ The purpose of this bill to require the Department of Public Safety to place priority upon establishing appropriate counseling services for sexual assault within twenty-four hours of the report to an assault, and to issue policies and standards to achieve a zero-tolerance policy regarding sexual assault. In addition, this bill requires the Department of Public Safety to provide an annual report to the Legislature about its efforts to implement the federal Prison Rape Elimination Act of 2003, or simply known as PREA. The Department of Public Safety already has implemented policies and procedures that accomplish the measure’s stated purpose. The Department provides counseling services for sexual assault victims and currently has a zero tolerance policy on sexual assault, including in the correctional setting.³⁶ DPS is required to report to the State Legislature every year on any implementation, such as providing updated annual data regarding acts of sexual assaults and sexual misconducts, under the inmates’ Institutional History, in a prison facility.

Description of the Policy

HB 2266 CD1: Prison Rape Policy under the Hawai`i State law is to establish policies and standards to provide appropriate treatment to victims of prison rape and to prevent the occurrence of prison rape.³⁷ The purpose of this bill to require the Department of Public Safety to place priority upon establishing appropriate counseling services for sexual assault within twenty-four hours of the report to an assault, and to issue policies and standards to achieve a zero-tolerance policy regarding sexual assault. In addition, this bill requires the Department of Public Safety to provide an annual report to the Legislature about its efforts to implement the federal Prison Rape Elimination Act of 2003 (PREA). The Department of Public Safety already has implemented policies and procedures that accomplish the measure’s stated purpose. The Department provides counseling services for sexual assault victims and currently has a zero tolerance policy on sexual assault, including in the correctional setting.³⁸

According to the Department of Public Safety, the purpose of this policy is for an inmate, in a sexual assault, from a correctional employee or a fellow inmate: shall (1) be reported through the established chain-of-command, (2) sexual assaults may result in criminal charges and involvement of other law enforcement agencies, and (3) forensic evidence shall be done by a local rape treatment center, the hospital emergency room or investigative and law enforcement officers trained in the collection of forensic evidence that is used in a court of law.³⁹

The goal of this policy is to establish policies and standards to provide appropriate treatment to victims of prison rape and to prevent the occurrence of prison rape. Prison rape often occurs quite unexpectedly.⁴⁰ Prison rape issue would endanger the lives of overall inmates and correctional staff workers by committing these crimes within the social environment (e.g. the prison facility). Victims of prison rape can become violent perpetrators through committing homicidal and violence acts against other inmates and correctional staff workers in the prison setting.⁴¹

How does the Policy Work

Once an inmate would report that he had been molested or raped by one or several other inmates, the ACO must put the general population in Lockdown. Once Lockdown occurred, the victim is being sent to the (prison facility) medical center for a check-up. Moreover, the perpetrators are then sent to Administrative Segregation (a module with cellblocks that inmates are sent to be housed by themselves). During this process, the ACO has to follow procedures by writing an incident report and take photographs of the inmate’s private parts (e.g. penis, anus, etc.). The photographs will be part of the incident reports. Then, the facility medical center with the Warden’s approval will send the victim, including the ACO medical rover with the ambulance to the hospital. DPS policy states that ambulance has to be notified regarding the issue.⁴²

With 72 hours, the medical professionals will examine the victim (like doing a rape kit) to determine if there was rape involved. All medical reports and documents will be handled over to the ACO on duty (as a Medical Rover) and bring it back to the facility to begin filing criminal charges. Under this policy, the victim has to file the report to the police department along with the facility pursuing criminal charges on the perpetrators. Once the police report is filed, then both the facility and the victim would wait until their files go into the court system. Then, both the facility and the victim have their criminal case against the suspects in court.⁴³

The objective to this policy is for the Hawai`i corrections to alleviate the unreported prison rape cases into becoming officially reported. This policy would give the victims the right to press criminal charges on the perpetrators and file lawsuit against DPS (and Department of Corrections).⁴⁴ Although the policy does state that inmates has rights to file criminal charges, it is the prison facility and DPS that would ultimately enforce the policy.

The Adjustment Committee Lieutenant from MCCC explains his concerns about the policy, “Every ACO s have to follow protocol. When we get (prison) rape reports, we have to follow the (HB 2266 Prison Rape) policy because if we don’t; then my guys gets suspended or possibly terminated. The worst about this policy is Downtown Honolulu (DPS) and the inmate’s families have the right to file criminal charges against my guys. If I’m the Watch-Lieutenant on duty when this is happening, I’ll make sure that my guys, including me would follow the policy to the tee. If I don’t, I’ll get demoted. That’s the repercussion of this policy.”⁴⁵ The Lieutenant expressed his concerns only about the repercussion of this policy. He explained that DPS would enforce on filing criminal charges and possible terminating ACO s involved in the incident in order to alleviate the possibilities of future lawsuits.

Social Injustice

This policy makes it mandatory for all ACO’s to report any incidences of rape to the appropriate officials. There are incidents that ACO’s, who knew about inmates being raped said nothing and refused to intervene. The reason is they perceived the inmates as animals and not as human being. In their minds, the inmates (as victims) deserved it. This is Swift Justice and this is a reality. There is a huge social injustice involved in this situation. Corruption, oppression, and inequality do exist in all correctional facilities. The positive side to HB 2266 CD1 is it protects all inmates from being victimized by sexual predators. On the other hand, the negative side to this policy is the majority of inmates (as victims) do not want to request for protective custody. Protective custody means an inmate’s freedom revoked due to their safety. They cannot have any contact with the general population. To the eyes of other inmates, these victims in protective custody will be seen as threats to the entire prison population.

Protecting Inmates from Prison Rape

According to Black’s Law Dictionary, “inmates are branded criminals, who are housed in the prison facilities for violating the society’s laws.”⁴⁶ While the inmates are incarcerated based on violating society’s laws, the inmates are human beings that must be treated in the same capacity as a clientele regardless of their status. Prison rape would often occurs unexpectedly and target other inmates for various reasons.⁴⁷ Prison rape would endanger the public safety on overall inmates, including correctional staff workers; by brutalizing inmates into committing crimes when they are released out to our society. Sexual victimization causes a psychological disequilibrium from a situation that cannot be avoided and for which a person cannot use their normal problem-solving resources.⁴⁸ Victims of prison rape can become violent perpetrators through committing homicidal and violence acts against other inmates and correctional staff workers in the prison setting. In addition, inmates can feel that the ACO⁴⁹ would be unable to protect them from retaliation from other inmates if they reported the (prison) rape. Inmates would often request to the ACO of placing them into protective custody where they generally end up staying for their entire sentence. The inmate’s victim’s families with the collaboration of the Community Alliance of Prisons had formed a united coalition to invest their efforts by providing testimony in support of the HB 2266. Thus, both CAP with the support of the inmate’s victim’s families continued to advocate protecting of their love ones in prison through the HB 2266 CD1: Prison Rape Hawai`i State Policy.

Stakeholders

Inmates do have rights, but they cannot do this alone, but they cannot do this alone. They need the support of their families and organizations that will advocate for them. Today, there are inmates’ (victims’) families, whom are advocating for their loved one incarcerated. The inmates and their families don’t have to share this burden alone. There is CAP or Community Alliance of Prisons. CAP is a community organization initiative working to improve conditions of confinement for our incarcerated individuals (inmates) to enhance its quality of justice, and to promote public safety. CAP also have a strong partner in this campaign, which is the Americans Civil Liberty Union (ACLU). ACLU of Hawai`i receives hundreds of requests for assistance from Hawai`i inmates each year, and conducts numerous investigations into prison officials' actions. They have a third partner, who is Drug Policy Forum. Although they are a Drug policy reform organization, part of their work in their specific population involves the inmate population. Corrections are one of their fields that inmates are affected by substance abuse. In regards to this policy, the organization continues to participate in the quest to protect inmates from becoming victims of the heinous crime. The three organizations had formed a united coalition to invest their efforts by providing testimony in support of the HB 2266. CAP, ACLU, and the Drug Policy Forum along with the support of the inmate’s families continued to advocate in protecting of (their love ones) inmates in prison through the HB 2266 CD1: Prison Rape Hawai`i State Policy.

Policy Analysis & Alternatives

The analysis of the policy would look at the strengths of this policy, as the existence of the policy and how it affected many ACO s into doing their job more effectively. When there is a (prison) rape incident, ACOs will now have to respond to the matter. If the ACOs don’t do their jobs, then the consequence is either suspension or termination. Afterward, DPS will file a criminal charge. The weakness of this policy is prison rape still continues on in unknown areas. Majority of the (prison) rape incidents occur, these days, in the cellblocks with other inmates. ACO s have to pay much attention when these incidents occurring in the cellblocks.

The question is will the policy work? In MCCC and OCCC, this policy has been affected among correctional staff workers and inmates. When there is a (prison) rape, every ACOs would respond to the matter. The perpetrators would be re-housed in Administrative Segregation. Based on the reports, both MCCC and the victim would file police report. Then, they would wait for the court date to appear. The point is the policy has been working for MCCC Every prison facility is different. It depends if the policy could work only on this account: it would work if ACOs and civilian staff workers would work together to make this policy effective. Again, that depends on each of the prison facilities. Because this policy aims towards corrections, funding would not be a problem due to DPS’ involvement.

The alternatives to this policy are to have counseling to the prisoners involved in the (prison) rape incidents. Inmates, whom are victims, must go to counseling. In prison, counseling is important because victims can seek therapy. Once the inmates (perpetrators) are sentenced, they would be immediately transferred to Halawa Correctional Facility (HCF) for protection. Hopefully, when Kulani Correctional Facility (KCF) reopens soon, all sex offenders of the State of Hawaii can be sent to this facility. These perpetrators would go to KCF as registered sex offenders. KCF is a residential Sex Offender Treatment prison facility that is located on the island of Hawai`i (Big Island).

Conclusion

Prison rape issue had been around since the Hellenistic period. In America, it continued to be ignored for various reasons. The U.S. Constitution’s Eighth Amendment clarified that “cruel and unusual punishment” is prohibited, yet prison rape continued to be silence in the prison facilities for over two hundred years. Through CAP, ACLU, Drug Policy Forum, and the Inmate’s families continued to pursue their endless campaign in advocating for their love ones (inmates) incarceration. The policy focuses only on inmates, whom are victims of the heinous crimes. It gives the inmates the sole right to file police report against the perpetrators. At the end, DPS is responsible and accountable for all prison rape crimes in Hawai`i State prisons.

Prison rape continues to be rampant in the correctional setting. HB 2266 CD1 was created and passed for the sole purpose to protect the Inmates from harm. Although Inmates are criminals, the point is they have fundamental rights to their safety, dignity, and justice as individuals just like a typical clientele in the child and family welfare, mental health arena, and drug treatment programs. CAP continues to advocate for their clienteles in this matter. Also, the organization continues to work with DPS in reforming the correctional system to “correct” the mistake by lobbying for this policy to become enacted. They achieve it. CAP’s present is the reason HB 2266 CD1 existed into law. With this policy, future incidents of prison rape will now go into record because inmates can press charges against their perpetrators. In 2013, the PREA had finally been activated within the Hawai`i State Prison Facility. There are numerous PREA trainings in which all correctional staff employees from security to civilian staff must attend. This is mandatory. The PREA is now a reality for both correctional staff members and inmates that prison rape, including the abusive power and authority of correctional staff will not be tolerated. With this policy, inmates that continues to conduct this crime will be prosecuted with the felony criminal charge of Sexual Assault. If correctional staff members are involved in a sexual relationship with an inmate, he or she will face the consequences of termination and prosecution of a criminal charge for Sexual Assault. If found guilty, the perpetrator must be registered as a Sex Offender under the Hawai`i Statue Law.

¹ David A Fahrenthold, “Statistics Show Drop in U.S. Rape Cases: Many Say Crime is Still Often Unreported,” The Washington Post, (2006), Access on http//www.StatisticsShowDropInUSRapeCases-washingtonpostcom.mht.

² American Rape Statistics, (2010), Access on http//www.RapeStatistics.mht.

³ Scott Anderson, “Rape in Prison,” (2001), Access on http://www.loompanics.com.

⁴ National Institute of Justice, (2010), Access on http//www.NationalInstituteofJustice.webarchive.

⁵ Ibid, [Internet].

⁶ Ibid, [Internet].

⁷ Ibid, [Internet].

⁸ Ibid, [Internet].

⁹ HB231 Testimony: Community Alliance on Prisons Report. February 18, 2009.

¹⁰ Hellenistic refers to the Greek and Roman historical period.

¹¹ Great Wars refers to both World War I (1914 - 1918) and World War II (1936 - 1945).

¹² Joseph F. Fishman. “Sex in Prison: Revealing Sex Conditions in American Prisons,” New York: National Library Press, (1934), pg. 131

¹³ Christopher Hensley, Cindy Struckman-Johnson, & Helen M. Eigenberg, “Introduction the History of Prison Sex Research,” 80, 4, pp. 360- 367, (2000), pg. 360.

¹⁴ Christopher Hensley, Cindy Struckman-Johnson, & Helen M. Eigenberg, “Introduction the History of Prison Sex Research,” 80, 4, pp. 360- 367, (2000), pg. 360.

¹⁵ HB231 Testimony: Community Alliance on Prisons Report on February 18, 2009.

¹⁶ Prison Rape Elimination Act - Public Law 108-79; September 4, 2003; pages 972-990, pg. 974.

¹⁷ Department of Public Safety’s Correctional Administration Policy and Procedures: Procedure in the Event of Physical or Sexual Assault.

¹⁸ Cheryl Bell, Martha Coven, John P. Cronan, Christian A. Garza, Janet Guggemos, & Laura Storto, “Developments in Policy Article: Rape and Sexual Misconduct in the Prison System: Analyzing America’s Most “Open” Secret,” Yale Law & Policy Review, 18, 195, pp. 195-220, (1999), pg. 196.

¹⁹ Bell, Coven, Cronan, Garza, Guggemos, & Storto, “Developments in Policy Article: Rape and Sexual Misconduct in the Prison System: Analyzing America’s Most “Open” Secret,” Yale Law & Policy Review, 18, 195, pp. 195-220, (1999), pg. 196.

²⁰ Gordon James Knowles, “Male Prison Rape: A Search for Causation and Prevention,” The Howard Journal, 38, 3, pp. 267-282, (1999), pg. 273.

²¹ Knowles, “Male Prison Rape: A Search for Causation and Prevention,” The Howard Journal, 38, 3, pp. 267-282, (1999), pg. 273.

²² Knowles, “Male Prison Rape: A Search for Causation and Prevention,” (1999), pg. 273.

²³ Knowles, (1999), pg. 273.

²⁴ Ibid, pg. 273.

²⁵ Ibid, pg. 273

²⁶ The Prison Rape Elimination Act of 2003 or simply known as PREA is the first United States federal law passed dealing with the sexual assault of prisoners. The bill was signed into law on September 4, 2003.

²⁷ ACO means the Adult Correctional Officer.

²⁸ Helen M. Eigenberg, “Prison Staff and Male Rape,” Prison Sex: Practice & Policy, London: Lynne Rienner Publisher, Inc, (2002), pg. 49.

²⁹ Eigenberg, “Prison Staff and Male Rape,” Prison Sex: Practice & Policy, London: Lynne Rienner Publisher, Inc, (2002), pg. 49.

³⁰ Eigenberg, “Prison Staff and Male Rape,” Prison Sex: Practice & Policy, (2002), pg. 49.

³¹ Investigation of Allegations of the Use of Unreasonable Force Against Inmates During the Shakedown of the O`ahu Community Correctional Center: From December 14 Through December 18, 1981. September 1983. State of Hawai`i: Office of the Ombudsman, (1981 - 1983), pg. 143.

³² Bill Berkowitz, Prison Rape: The Criminal System’s Dirty Little Secret, (2010), Access on
http://www.PrisonRapeTheCriminalJusticeSystem’sDirtyLittleSecret.webarchive.

³³ P&P means Policy and Procedures in the Department of Public Safety.

³⁴ Lieutenant (Grievance Officer) from Maui Community Corrections Center in discussion with the author, November 30, 2010. -DPS means Department of Public Safety.

³⁵ HB No 2266 CD1: Prison Rape Policy Bill; House of Representatives Twenty-Fifth Legislature 2010: State of Hawai`i, pg. 2.

³⁶ Letter from Gov. Linda Lingle to Calvin K.Y. Say & Members of the House of Representative on House Bill No. 2266 HD1 SD1 CD1 on July 7, 2010.

³⁷ H.B. No 2266 CD1: Prison Rape Policy Bill; House of Representatives Twenty-Fifth Legislature 2010: State of Hawai`i, pg. 2.

³⁸ Letter from Gov. Linda Lingle to Calvin K.Y. Say & Members of the House of Representative on House Bill No. 2266 HD1 SD1 CD1 on July 7, 2010.

³⁹ Department of Public Safety’s Correctional Administration Policy and Procedures: Procedure in the Event of Physical or Sexual Assault, (2009), pg. 1-2.

⁴⁰ Helen M. Eigenberg, “Prison Staff and Male Rape,” Prison Sex: Practice & Policy, London: Lynne Rienner Publisher, Inc, (2002), pg. 51.

⁴¹ Robert.W. Dumond & Doris A. Dumond, “The Treatment of Sexual Assault Victims. Prison Sex: Practice and Policy,” London: Lynne Rienner Publisher, Inc, (2002) pg. 69.

⁴² Department of Public Safety’s Correctional Administration Policy and Procedures: Procedure in the Event of Physical or Sexual Assault, (2009), pg. 1-2.

⁴³ Ibid, pg. 1-2.

⁴⁴ Ibid, pg. 1-2.

⁴⁵ Lieutenant (Adjustment Committee Chairman) from Maui Community Corrections Center in discussion with the author, September 2, 2010.

⁴⁶ Black’s Law Dictionary: Second Edition. St. Paul: West Group: A Thompson Company, (2001), pg. 533.

⁴⁷ Helen M. Eigenberg, “Prison Staff and Male Rape,” Prison Sex: Practice and Policy, Boulder: Lynne Rienner Publishers, (2002), pg. 51.

⁴⁸ Robert W. Dumond & Doris A. Dumond, “The Treatment of Sexual Assault Victims,” Prison Sex: Practice and Policy, Boulder: Lynne Rienner Publishers, (2002), pg. 69.

⁴⁹ ACO means the Adult Correctional Officers.