Separate but Equal and Gender: Are Men's and Women's Prisons Equal

There is a horrible and common problem concerning rape and violence in men's prisons. Link.

Althought this problem also exists in women's prisons, the available data suggests that the problem is far less common than in men's prisons (primarily because men's prisons are populated with many more violent predators).

For example, suppose Martha and Martin are each convicted of the same crime, perhaps some drug offense, and each is sentenced to a 3-year term in prison. Martha is assigned to the state women's correctional facility and Martin is assigned to the state men's correctional facility. Who has the greater chance of being the victim of prison rape or a violent assault? Which prison would you rather serve your time in?

Suppose Martin sues under the EPC to enjoin being assigned to prison on the basis of his gender.

The Court in the VMI case seems to suggest that separate but equal facilities based upon gender satisfy the EPC. But what result if data supports what everyone knows to be true--that with respect to the risk of rape and violence, men's prisons are not equally safe.

Nobody cares about prisoners; we all know that prison rape exists (Leno jokes about it every time a male celebrity is convicted of a crime), but it is difficult (almost impossible) for an inmate who fears rape to get legal protection. But what about an equal protection suit brought on behalf of male inmates challenging the gender-based prison system? What are your thoughts? What would the remedy be if the lawsuit is successful?