Sexual violence in South African men’s correctional centres: key issues

1. Sexual violence in South African men’s correctional centres: key issues Presentation to Portfolio Committee on Correctional Services, 14 April 2010 Sasha Gear

2. Background in Brief CSVR is an NGO working broadly to prevent violence, heal its effects and build sustainable peace through research, pilot interventions & advocacy. Celebrated 20th Anniversary in 2009. Penal reform work has been a consistent feature: (policy, staff training, holistic interventions with young offenders) Work on sexual violence in prison (SVIP) began in 2001. Initially mainly research to gain understanding of nature & circumstances of sex and sexual violence happening in men’s prisons. “Daai Ding” – (qualitative) on dynamics of SV in men’s prisons. Boksburg Correctional Centre – survey (juvenile inmates’ experiences of violence and sexual violence, officials’ responses to violence, HIV-related knowledge and practice) Now in early stages of research on best practice & gaps in staff responses to violence.

3. Range of interventions • Awareness raising workshops, publications presentations – with civil society stakeholders, DCS (various levels), inmates and oversight bodies. • Collaborations, cross-learnings with other local and international organisations (like Just Detention International [JDI]). • Trainings on sexual violence & sexual health in prison. • Very recently (March 2010) completed a 4 day training with 30 members of staff drawn from Modderbee, Nigel, Devon (the 2nd of it’s kind) • Conducted and/or collaborated (with JDI) in range of trainings with other prison staff & Judicial Inspectorate’s visitors & coordinators • With JDI, developed Draft Policy on Sexual Violence (2009).

4. Engaging DCS • From early on CSVR engaged DCS on the issue (launch of Anti-Rape Strategy, feeding in to then Task Team, raising funds for prevention pilot projects, further DCS research, DCS seminar presentations…). • It has however been an ongoing struggle to attempt to get DCS to pay the issue the attention it deserves. • Personnel & leadership changes, restructurings, bureaucracy, lack of clear prioritisation and follow-through have all played a role. • Unclear why exactly: - as through the years, there’s been clear endorsement from sections of DCS leadership (most notably Commissioner Peterson in 2008 who highlighted it as key issue – invited civil society scrutiny & support - and instructed senior management to act) • Cautiously optimistic in view of DCS meeting this week – but will require concerted and continuous dedication & monitoring to ensure this initiative doesn’t befall same fate.

5. prison rape: a common scenario Prison rape frequently occurs when a newly-arrived inmate accepts food, drugs or protection from another prisoner who pretends to be concerned for the usually-terrified and overwhelmed newcomer. The newly-arrived inmate will most often assume that this is simply a gesture of support. However, according to the ideas and ways of doing things that are accepted and endorsed by the inmate power structures (the dominant inmate culture), by eating the food, or smoking the cigarette a debt has now been created. The new naïve offender will only later learn that he is expected to pay back this debt with sex. And when he tries to refuse, he will learn that he has no choice in the matter. • The scenario shows up vulnerability of the new first-time offender who is oblivious of unwritten ‘rules’ of inmate culture. • He has no idea of the supposed “debt” he’s been tricked into by accepting food, cigarette.

6. vulnerability factors in sexual violence first-time offender unfamiliar with unwritten “rules” lack “prison suss” (easily tricked into sex “debt” by “friendly” inmate) physically weak / not prepared to use violence thought to have committed “sissy crime” (non violent) “good looking”, “pretty”, youthful poor – economically needy (don’t get visitors) gay, transgendered mentally disabled But ultimately anyone can become a victim.

7. Inmate culture: Imposed “woman-hood” victims of sexual violence perceived as“women” by inmate culture. forced sexual penetration believed to demolish manhood. “We are all criminals in here and if I say you are a criminal, that means I respect you. But if you have had sex done to you even the criminal is now gone and you are now a woman… There is nothing we can do for you and we don’t care. When you walk past people want to touch you or threaten to rape you.” (young offender) Forced prison “marriages” “women” taken by “men” (perpetrators) in forced “marriages”. “marriages” = long-term relationships of sexual abuse. supported by gang practices, ranks & rituals but not exclusive to gangs, not endorsed by all gang members.

8. Hidden nature of sexual violence in inmate culture “Marriage”– disguising violence dominant pattern of sexual relationship • The “Marriage” definition legitimises & normalises violence & abuse contained • Modelled on dominant heterosexual relationships outside, serves to make seem acceptable: • “just like marriages outside” • “you can’t rape your wife” • Disappear violence • Perpetrators become “husband”, “men” • Victims become “women”, “wives” • Distance “homosexuality” vs other (consensual) patterns of sexual interaction that are outlawed by inmate culture.

9. Stigma and victim blaming • Victims blamed for “letting” selves be “turned” into women, “asking for it”. “You can never allow another man to come on top of you if you do not like it.” (young offender) • Blaming works to legitimise sexual violence: perpetrator supposedly done nothing wrong. In a CSVR survey (Juveniles, Gauteng, 2007; N=311): • 5 respondents reported having forced another to have sex in BYC, while – • 17 had tricked / manipulated / threatened another to have sex. * points to definitional challenge: forced sex not seen as such.

10. Official practices also hide sexual violence Confusion in policy vacuum • Lack of clear DCS policy and procedures on sexual violence confuses staff & inmates and contributes to confusion between sex & violence, which in turn contributes to the lack of recognition of victims of rape. • Use of terms “sodomy” and “homosexuality” show up and add to the confusion • incorrectly used interchangeably with rape / forced sex ; • apparent failure to distinguish forced from consensual sex. Note: “Sodomy” simply refers to anal sex which only becomes a crime when it is forced, and then becomes rape. • Contributes to homophobia, risky sex practices, invisibility of male rape

11. Official practice hides sexual violence (cont…) • Rape is literally disappeared from DCS records of violence • No category for rape / sexual assault in statistic-gathering systems. • So if someone is raped, this is captured under the general category of “assault”. Lack of staff capacity & victim support The absence of language re rape is mirrored in lack of support for victims: • very limited capacity, staff not given relevant skills/guidelines.

12. Lack of staff capacity & victim support (contin). • Recent CSVR training with Modderbee Staff was their first such exposure to issue. (Very well received and calls for more) • All staff need this as part of basic training. While members with best intentions are hindered by lack of skills and clear policy to deal with sexual violence, others are themselves involved directly in the sex-trade of inmates and/or taking bribes to turn a blind eye to abuses and not act on reports. Problematics of reporting assaults Critical component of victim support and addressing the problem more generally, is a context where (potential) victims and witnesses report violence.

13. Problematics of reporting (contin)… In CSVR survey (Juvenile institution, Gauteng, 2007; N=311), • 58% most recent assaults (general rather than sexual) not reported. • 24% where not reported because didn’t think would make difference. • 20% afraid to report. Sexual violence is especially sensitive (stigma and likelihood of further victimisation) and even less likely to be reported without meaningful institutional support. Inmates surveyed were more pessimistic regarding staff responses to sexual violence, & moreso as spent longer in Centre. • 26% (>1/4) who had been in prison more than 1 year agreed/strongly agreed that: “Most officials won’t do anything to stop it if they know about a prisoner being forced to have sex against his will.” (Increased as been there longer.)

14. Also influencing lack of staff capacity and motivation: • Sense of helplessness and resignation - that SV is not something can do anything much about, but rather “part of prison life”. (lack of skills & awareness) • Intense fear, denial and stigma amongst prison staff re HIV-AIDS (Muntingh, & Tapscott 2009), and homophobia stifle their ability to engage with the issues of SV and sexual health more generally (and in their personal lives too).

15. Overview of key learnings: • Sexual violence in correctional centres is intimately linked to sexual- & gender-based violence taking place between men and women in society more generally. • SVIP endorses the most destructive ideas of what it means to be “man” as it endorses views that “women” are fundamentally inferior and slaves to the sexual (and other) desires of ‘men’. • As such, SVIP contributes to further violence, both in prison and when prisoners return to society. • Remains unaddressed and also subject of resignation (“part of prison life”). • But ensuring the safety of inmates is a clear and fundamental obligation of DCS. It is also an essential starting point for the current aspirational vision of rehabilitation (which can’t go far without it). • Also essential to ensuring that inmates are not further brutalised in prison– which has the opposite effect of rehabilitation.

16. Key learnings contin • Inmate’s safety and care should then be the first priority – especially in our current context of limited resources and overcrowding. •  SV is part of inmate culture and perpetrated much more widely than by “sex offenders” - need a broader, multi-faceted approach. • Consensual sex is also taking place – but lots of violence occurs in forced relationships which staff & inmates may see as ‘consensual’ but which are actually coercive. (need to raise awareness on forced “marriages”). • Critical sexual health issues pertinent to both forced and consensual sex. • Dangerous misperceptions lead to risky and abusive behaviours (eg. masturbation is harmful; vaseline is effective lubricant [it’s not – it damages condoms!]). • Condom access + need for water-based lubricants • “Interrupted” access of inmates to health/ social workers (mediated by correctional officers, sometimes divisions between types of staff)

17. Key learnings (contin) • Single biggest need is clear policy and procedures on how to prevent and respond to sexual violence in CCs. Note: while our research focus has been on men’s prisons, most issues equally pertinent to women’s prisons where there is similar and great need. • JDI will outline the necessary components of this, but to mention 2 that need highlighting in our current context: • Violence prevention strategy needs to include occupying inmates with meaningful activity. Inter alia, this provides opportunities for inmates to express a sense of personal power & respect, gain a sense of belonging (which decreases likelihood of them turning to violence to gain the same.) Note: Alarming that changes to staff schedules have not translated into more unlock. Rather appears to be reduction in inmate activity on visits to CC. • Lack of disciplinary options within DCS for perpetrators (even more serious in AT facilities), and problems with SAPS criminal cases – why are there no/so few convictions? (anecdotal evidence – in year, 13 cases reported, not one conviction)

18. Our research with juveniles points to the substantial impact that prison experiences are having on their sense of themselves as ‘men’. Similarly, we found that they’d gotten much of what they knew about sex from their in prison experiences – even when they’d only served relatively short periods. This underscores the importance of prison experiences for inmates’ development and sense of self, which makes it all the more urgent that we ensure they are not further brutalised through their experiences inside. Finally, www.csvr.org.za sgear@csvr.org.za