Disputed study minimizes extent of prison rape

SAN FRANCISCO – A bitterly disputed, government-sponsored study has concluded that rape and sexual assault behind bars may be rampant in movies and books but are rare in real life.

When inmates have sex, it is usually by choice and is often engaged in as a way to win protection or privileges, said Mark Fleisher, a cultural anthropologist who specializes in prisons and crime at Case Western Reserve University.

He said inmates who cry rape are usually lying and looking for a transfer, money or publicity.

“Inmates say it may happen, but the conditions under which it happens are rare,” Fleisher said. “It is unlikely all the stars are going to align properly for this to happen, particularly in prisons today. You’re going to get caught.”

The two-year study, commissioned by the U.S. Justice Department for $939,233, has come under withering attack from other experts. The department has not endorsed the study, saying Fleisher has yet to turn over his data for closer examination.

“To take the position that it’s not a problem and prisons are safe places is asinine,” said Reggie B. Walton, a federal judge and chairman of the National Prison Rape Elimination Commission, set up under a 2003 federal law.