Argot roles in corrections pertaining to offenders and victims of male-on-male rape

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Sexual assault

As stipulated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007), the statutory offence of sexual assault has replaced the common law definition of indecent assault. It is therefore necessary to define the act of indecent assault, before describing it in order to understand why it was repealed. Snyman (2002:436) defines indecent assault as “unlawfully and intentionally assaulting, touching or handling another in circumstances in which either the act itself – 4 – or the intention with which it is committed is indecent”. Snyman’s definition is a generic conceptualisation of what was used to describe unlawful sexual acts other than rape. Thus, in this context indecent assault is a gender-neutral crime and both male and female victims of penetrative sexual assault either per vaginam or per anum who were not covered under the then (pre 1994) definition of rape, could have reported a crime of indecent assault (Van der Bijl, 2002:149). Subsequently Burchell (2005:691) defined indecent assault as “an assault that by its nature or design is of an indecent character”.
Considering this definition the following acts were described as indecent assault (Burchell, 2005:692–693): – Failed rapes: A failed rape is when the perpetrator, for various reasons, fails to insert his penis into the vagina of the victim. The perpetrator therefore did not complete the sexual act and subsequently did not commit rape. However, his penis touching the vagina of the victim constitutes a crime of indecent assault. – Quasi-rapes: These rapes are those acts that have the characteristics of rape, but due to the limitations of the definition of rape they are punishable as indecent assault. Included in this category are instances where an object, not a penis, is inserted into the vagina, or where the penis is inserted into an orifice other than the vagina. – Molestation: This entails the touching or fondling of a person in an indecent (meaning sexual) manner. – Consensual sexual acts that are contra bonos mores. This category of indecent acts is punishable because it is committed without the consent of the victim. Some cases of consensual acts of indecency are, however, viewed as indecent assault because they are contra bonos mores. In the correctional setting this can be an inmate who “consents” to the sexual act because of intimidation or threat by the perpetrator.

Rape

Before the commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007), rape in South Africa constituted a male having unlawful and intentional sexual intercourse with a female without her consent (Burchell, 2005:699; Snyman, 2002:445). All cases of non-consensual anal penetration between males were recorded as indecent assault (Snyman, 2002:439). As a result of this void in the legislation together with the acknowledgement that male rape is more prevalent than previously thought, and the Constitutional obligation of equality, the South African Law Commission (SALC) proposed the following definition for the act of rape: “Any person who intentionally or unlawfully commits an act of sexual penetration with another person, or who intentionally and unlawfully compels, induces .

Masculinity

Before defining masculinity one should consider the strategies utilised to construct the meaning of what a masculine person is. According to Connell (in Whitehead & Barrett, 2001:31-32), there are four distinct strategies namely the essentialist strategy, positivist strategy, normative strategy and the semiotic strategy. The essentialist strategy focuses on the core characteristics of what constitutes a man such as risk-taking, responsibility, irresponsibility and aggression. It has it’s origin in the writings of Freud who “equated masculinity with activity that is contrast to feminine passivity” (Whitehead & Barrett, 2001:32). Positivists define masculinity as what men actually are, and measure this by applying masculinity/femininity scales. The items of this scale are designed to differentiate statistically between groups of men and women. Normative strategies define masculinity as what men ought to be. References to this are often found in the media, with the characters played by, for example, John Wayne and Clint Eastwood as the norm. The semiotic strategy defines masculinity as the symbolic differences between masculine and feminine and accordingly masculinity is described as non-femininity.

PROBLEM STATEMENT: MALE-ON-MALE SEXUAL

VICTIMISATION IN CORRECTIONAL CENTRES Hodge and Canter (1998:222) insist that male-on-male rape in correctional centres is one of the easiest crimes to get away with, and consequently the most underaddressed issue in society. In correctional facilities offenders are too afraid to refuse sex because of the overt threat of violence. The correctional code of silence also prohibits offenders from reporting any cases of sexual victimisation. This code means that offenders “do their own time”, implying that an offender should mind his own business when others are being attacked or exploited.
Thus this code serves the interest of the “elite”, in this case the “men” of the centre, and if an inmate is not among the elite he is fair game for sexual and other types of coercion and violence (Johnson, 2002:132). To illustrate this, an offender describes his encounter with a perpetrator as follows: “He gave me an ultimatum: He said you’re going to let me fuck you, or my homeboys will stab you” (Human Rights Watch, 2001). According to Scacco (1975:6), it is the duty of correctional authorities to inform society about what is happening in correctional centres (including rape), who the victims are and whose responsibility it is to address the issue of male-on-male rape. In South Africa, the Department of Correctional Services (DCS) fails in this duty in that it is unwilling to even acknowledge that coercive sex takes place inside their correctional centres (Gear, 2001).

The extent and dark figure of male-on-male sexual assault and rape

in correctional centres Victims of sexual assault and rape in a correctional centre are not likely to report these incidents to the correctional authorities, thus leading to a dark figure concerning this specific crime. Even if victims want to report such incidents, there are currently no mechanisms for reporting available within the DCS (Oersen, 2001:29). The victims can report to Independent Prison Visitors (IPV’s), but no mention was made of any incidents of sexual assault and rape in the Annual Report (2004 – 2005) of the Judicial Inspectorate of Prisons. This underreporting could be coupled to the informal correctional code that can be set out as follows: Even if a prisoner is not able to cope with prison life, he has to act as if he is; he should not snitch on a fellow prisoner, regardless of what is happening may it be an assault, rape or murder, he should not say anything and should not get involved; furthermore, he should avoid doing anything that will make other prisoners think he is gay, effeminate or weak (Sabo et al., 2001:10).

TABLE OF CONTENTS :

• SUMMARY
• OPSOMMING
• 1. DEFINITION OF CONCEPTS, PROBLEM STATEMENT AND OVERVIEW OF THE STUDY
  • 1.1. INTRODUCTION
  • 1.2. DEFINITION OF CONCEPTS
  • 1.2.1. Sexual assault
  • 1.2.2. Rape
  • 1.2.3. Sodomy
  • 1.2.4. Masculinity
  • 1.3. PROBLEM STATEMENT: MALE-ON-MALE SEXUAL VICTIMISATION IN CORRECTIONAL CENTRES
  • 1.3.1. The extent and dark figure of male-on-male sexual assault and rape in correctional centres
  • 1.3.2. The transmission of STI’s, HIV and Aids
  • 1.3.3. The involvement of correctional officials in sexual assault and rape
  • 1.4. MOTIVATION FOR THE STUDY
  • 1.5. AIMS OF THE STUDY
  • 1.6. OVERVIEW OF THE STUDY
  • 1.7. CONCLUSION
• 2. OVERVIEW OF EXISTING RESEARCH
  • 2.1. INTRODUCTION
  • 2.2. THE OFFENDER AND THE VICTIM OF MALE-ON-MALE RAPE
  • 2.2.1. Argot roles in corrections pertaining to offenders and victims of male-on-male rape
  • 2.2.2. The offender in male-on-male rape
  • 2.2.3. The victim of male-on-male rape
  • 2.2.4. The victimisation process
  • 2.2.5. The relationship between the offender and the victim
  • 2.3. THE CAUSES OF MALE-ON-MALE RAPE
  • 2.3.1. Prison gangs
  • 2.3.1.1. The 28 gang
  • 2.3.1.2. The 26 gang
  • 2.3.1.3. The Big 5 gang
  • 2.3.1.4. The Airforce gang
  • 2.3.2. Overcrowding
  • 2.3.2.1. Reducing overcrowding of correctional centres
  • 2.3.3. The role of sexual orientation
  • 2.4. THE CONSEQUENCES OF MALE-ON-MALE RAPE
  • 2.4.1. Psychological consequences
  • 2.4.1.1. Post-Traumatic Stress Disorder
  • 2.4.1.2. Rape Trauma Syndrome
  • 2.4.2. Physical consequences
  • 2.4.2.1. Physical and sexual injuries
  • 2.4.2.2. The transmission of STI’s
  • 2.4.2.3. The transmission of HIV/Aids
  • 2.4.2.4. The Department of Correctional Services policy on HIV/Aids
  • 2.4.3. Support services available to victims of prison rape
  • 2.4.3.1. Friends Against Abuse
  • 2.4.3.2. Sodomy Committee
  • 2.5. REDUCTION STRATEGIES
  • 2.5.1. Conjugal visitation
  • 2.5.2. Identification and segregation of vulnerable inmates
  • 2.5.3. Training of correctional officials
  • 2.5.4. Legislation
  • 2.5.5. Mapping
  • 2.5.6. Punishment of offenders
  • 2.6. CONCLUSION
• 3. THEORETICAL EXPLANATIONS REGARDING MALE-ON-MALE SEXUAL ASSAULT AND RAPE
  • 3.1. INTRODUCTION
  • 3.2. THE APPLICATION OF VICTIMOLOGICAL AND CRIMINOLOGICAL THEORIES
  • 3.2.1. Victimological theories
  • 3.2.1.1. Differential risk model of criminal victimisation
  • 3.2.1.2. Social exchange perspective
  • 3.2.1.3. Socio-interactionist perspective
  • 3.2.1.4. Extended control balance theory
  • 3.2.1.5. Summary
  • 3.2.2. Criminological theories
  • 3.2.2.1. General theory of crime
  • 3.2.2.2. Control balance theory
  • 3.2.2.3. Summary
  • 3.3. CONCLUSION
• 4. RESEARCH DESIGN
  • 4.1. INTRODUCTION
  • 4.2. RESEARCH METHODOLOGY
  • 4.2.1. Mixed methodology: Creswell’s dominant-less-dominant model
  • 4.2.2. Research objectives
  • 4.3. MEASURING INSTRUMENT: QUESTIONNAIRE
  • 4.4. SAMPLING AND DATA COLLECTION
  • 4.4.1. Sampling technique: Non-probability sampling
  • 4.4.2. The research sample
  • 4.4.2.1. Unit of analysis
  • 4.4.2.2. Section A: Biographical description of the sample
  • 4.4.3. Data collection method: In-depth structured interview
  • 4.5. CONCLUSION
• 5. ANALYSIS AND INTERPRETATION OF QUANTITATIVE AND QUALITATIVE DATA
  • 5.1. INTRODUCTION
  • 5.2. SECTION B: OFFENCE AND SENTENCE
  • 5.2.1. Quantitative analysis
  • 5.3. SECTION C: SEX IN THE CORRECTIONAL CENTRE
  • 5.3.1. Quantitative analysis
  • 5.3.2. Qualitative interpretation
  • 5.3.2.1. Reasons why sex is practiced in the correctional centre
  • 5.3.2.2. The nature of the rape
  • 5.3.2.3. Reasons why inmates are raped in the correctional centre
  • 5.4. SECTION D: EXPERIENCE OF ASSAULT
  • 5.4.1. Quantitative analysis
  • 5.4.2. Qualitative interpretation
  • 5.4.2.1. A description of inmates who had experienced rape
  • 5.4.2.2. A description of inmates who had sexually assaulted a fellow inmate
  • 5.5. SECTION E: GANG INVOLVEMENT
  • 5.5.1. Quantitative analysis
  • 5.6. SECTION F: GENERAL COMMENTS
  • 5.7. CONCLUSION
• 6. RECOMMENDATIONS AND CONCLUSION
  • 6.1. INTRODUCTION
  • 6.2. ACHIEVEMENT OF THE AIMS
  • 6.2.1. Aim
  • 6.2.2. Aim
  • 6.2.3. Aim
  • 6.2.4. Aim
  • 6.2.5. Aim
  • 6.3. RECOMMENDATIONS
  • 6.3.1. Recommendations for future research
  • 6.3.1.1. Research at SAPS cells and court holding cells as well as at other correctional centres with bigger samples
  • 6.3.2. Recommendations to the Department of Correctional Services
  • 6.3.2.1. The Offender Sexual Assault Protocol
  • 6.4. CONCLUSION
• LIST OF REFERENCES

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THE SEXUAL ASSAULT AND RAPE OF MALE OFFENDERS AND AWAITING-TRIAL DETAINEES