NCJ Number
104807
Journal
New England Journal on Criminal and Civil Confinement Volume: 12 Issue: 2 Dated: (Summer 1986) Pages: 349-371
Date Published
1986
Length
23 pages
Annotation
Courts have ruled that the eighth amendment's prohibition against cruel and unusual punishment encompasses an inmate's right to be protected by prison authorities from the reasonable threat as well as the fact of sexual assault and to receive medical care, including psychological services, should such an assault occur.
Abstract
The sexual assault of an inmate causes physical injury and ongoing psychological effects (fear, anger, loss of self-esteem, and suicidal impulses). The threat of AIDS from sexual contact also introduces the fear and fact of death as a result of sexual assault. When prison conditions create the probability that inmates will suffer sexual assault, courts have generally ruled that inmates' rights under the eighth amendment have been violated. Should a sexual assault occur, the prison staff is legally obligated to provide the medical and psychological services required to mitigate the debilitating effects of the assault. 202 footnotes.