Prison RapeMike Rappaport

Glenn Reynolds writes about prison rape.  This really is something that should be stopped.  I support the death penalty; I support “rough treatment” and even torture under limited circumstances.  But  a system that regularly allows prison rape seems unconscionable. 

Wouldn’t prison rape even be unconstitutional under Justice Scalia’s originalist and static interpretation of the Cruel and Unusual Punishment Clause — a practice that would be deemed cruel even by the Framers?  (Of course, a system that does not “intentionally” impose rape, but simply recklessly allows it to happen might not violate the Clause.)