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Examen

CMY2602 EXAM PACK 2023

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,Discuss the plight of offenders in the prison system as victims within a correctional context (25
marks)

1. Introduction

The most vulnerable individuals whom are most vulnerable and experience unique problems in the
correctional setting are female prisoners, male inmates, older inmates and juvenile prisoners. It has
proven quite problematic ensuring that the latter mentioned detained prisoners are neither
victimised nor exploited.

2. Definition of Key Concepts

Prisoner - a person who is deprived of liberty against his or her will. This can be by confinement,
captivity, or by forcible restraint. The term applies particularly to those on trial or serving a prison
sentence in a prison.

3. Female Prisoners

Sexual abuse of female prisoners can be operated by factors such as allowing unsupervised access of
male staff to female facilities, insufficient disciplinary action against guards who engage in sexual
misconducted, and allowing practices that are inherently cruel and degrading and are open to abuse,
for example, allowing male staff to conduct carnal “searches” of clothed female prisoners. Such
issues can be alleviated by ensuring that female prisoners are supervised only by female staff

Mothers in prisons also pose issues as their incarceration is more likely to result in a serious family
disruption to the family. In addition, the constant conflict, guilt and frustration due to the separation
from their family and being unable to care for their children adds to the strain of their imprisonment

Due to female prisons being smaller, there is less economic justification for a wide variety of
programmes found in male prisons. Access to services such as treatment, training, recreation,
vocational and educational programmes, is more limited to female prisons; this is due to the fact
that these prisons have limited space and the number of female prisoners is felt to be too small to
warrant the additional cost programmes and facilities

4. Male inmates

Certain prisoners are targeted for sexual assault the moment they enter prison; their age
appearance, sexual orientation, and other characteristics such as small size physical weakness,
shyness and uncertainty mark them as candidates for sexual abuse by inmates.

, 4.1. Prison male rape

For a heterosexual, male rape is the most fearful event, in relation the witnessing or experience
thereof, especially if it is their first confrontation with same sex contact. As a heterosexual male
victim can respond physically to stimulation, such as getting an erection and/or ejaculate during the
sexual act, this will result in the male victim perceiving himself as homosexual or bisexual due to his
physiological sexual response; in essence, he will question his own sexual identity and manhood

Objects can be used and forced oral sex is also prevalent. Victims are often manipulated into
exchanging their bodies for favours and privileges. Some prisoners will form “protective” sexual
partnerships to avoid continual victimisation. To escape being abused by many, they choose one
partner who might protect them from abuse by others. The motivation to exchange sex for
protection often includes fear and stems from coercion.

4.2. The creation of “women (wyfies)”

“Women” or “wyfies” are created by destroying men’s claim to “manhood”. “Women” are primarily
seen as the sexual property and servants of “men” and are often forcibly taken as wyfies by other
inmates in relationships known as “marriages”. Wyfies are not worth very much as they are
regarded and treated as sex objects and domestic workers. Prison “marriages” between “men”
(husbands) and “women” (wyfies) are usually brought about by an initial forced sexual act.

In prison marriage relationships “men” are active; they do “business” in prison and provide for their
wyfies materially. They are responsible for the penetration while having sex, while the “women”
have to be passive. Wyfies are required to take care of the “home” space (prison cell) and to be
sexually available to their partners. Some prisoners consider rape as a form of fun, while in other
cases initiation rape also serves a social purpose to create classes of men, such as, a class of
subordinate men (wyfies). Once a prisoner is raped, his reputation as a man who has been
penetrated is likely to precede him, making him more vulnerable to further assault; male rape
survivors in prison question their masculinity

5. The Older Inmate

As the general prison population continues to increase, the percentage of elderly inmates will rise at
a considerably higher level. The increase may change society’s perception of the prison population
and will necessitate a radical overhaul in prison administration. Older inmates pose unique and
costly problems for prisons already struggling to manage outdated, overcrowded and under-funded
prisons. Correctional systems are already forced to consider issues for the first time relating to

, geriatric carte, such as providing special diets. Round-the-clock nursing care, altering facilities and
restructuring institutional activities

Older prisoners not only have different medical needs from their younger counterparts, but also
different social needs. Older inmates have a greater need for privacy and have expressed a greater
need for access to preventative health care and legal assistance. Older prisoners are often unable to
cope with the brisk pace and noise of the typical prison environment. Studies have shown that older
prisoners feel unsafe and vulnerable to attack by younger inmates and they express a preference for
sharing a cell with people of their own age

6. Juvenile Prisoners

The establishment of separate facilities is of prime importance and steps are being taken for the
centralised detention of young offenders in separate Youth Correctional Centres with distinctive
custodial and development programmes available for the care of young offenders. The Department
of Correctional Services follows the internal and national recognised standards and norms for the
separation of young offenders, with the following stipulations: Young offenders must be detained
separately from adults. Children (under the age of 180 must be detained separately from persons
aged 18 years and older. The relevant officials should detain young persons with serious behaviour
problems and those posing a risk to others separately for the purposes of behaviour management.

Juveniles with disabilities form special needs groups within the larger group of juvenile prisoners and
pose a greater challenge regarding their handling. Youths who are emotionally disturbed and who
have learning disabilities should have access to special education and related services; issues such
as, transience of the population, conflicting organisational goals for security and rehabilitation,
shortage of adequately prepared personal and limited interagency coordination inhibits the
provision of such services for these juveniles.

7. Conclusion

It is evident that the various categories of offenders face unique issues in relation to the
susceptibility towards victimisation and that the correctional system experience difficulties to
maintain and implement the necessary structures and programs to ensure that their rights are not
infringed.
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