From Deliberate Indifference to Civil Negligence: Protecting Male Prisoners from Sexual Violence in United States Prisons

Sexual violence in United States prisons is a pervasive issue that disproportionately impacts male inmates, revealing systemic failures in the current legal framework designed to protect incarcerated individuals. The deliberate indifference standard, established by the United States Supreme Court, imposes an excessively high burden of proof on survivors, requiring evidence of prison officials’ subjective awareness of specific, substantial risks. This article critiques the shortcomings of the deliberate indifference standard and proposes a civil negligence framework as a promising alternative. Grounded in an objective duty of care, a civil negligence approach emphasizes proactive measures that institutions must take to avoid liability. By shifting accountability to systemic responsibility, the civil negligence framework ensures justice for male survivors, promotes humane treatment and addresses the systemic neglect to preserve inmates’ dignity and human rights.