Confronting America's most ignored crime problem: the Prison Rape Elimination Act of 2003 (original) (raw)
Related papers
2006
At the dawn of the twenty-first century, a wound that had been festering in American corrections finally received examination and treatment. For decades, there had been reports of the "[c]ruel and [u]sual" [FN1] punishment of prisoner rape which had broken forth in the national media and in scholarly journals, raising the alarm about what some called "America's most ignored crime problem." [FN2] In 1996, Struckman-Johnson, Struckman-Johnson, Rucker, Bumby and Donaldson reported that twenty-two percent of Nebraska's male prisoners were the victims of sexual pressuring, attempted sexual assault or completed rapes [FN3] and that one in ten prisoners were victims of a completed rape. [FN4] Human Rights Watch decried the sexual abuse of women in state prisons in the United States. [FN5] The National Institute of Corrections also initiated a training program to address staff sexual misconduct that same year. [FN6] Ironically, *143 however, until 1999 "sexual abuse of prisoners by correctional officials was not even a criminal offense in 14 states." [FN7]
Journal of Legislation, 2006
At the dawn of the twenty-first century, a wound that had been festering in American corrections finally received examination and treatment. For decades, there had been reports of the "[c]ruel and [u]sual"I punishment of prisoner rape which had broken forth in the national media and in scholarly journals, raising the alarm about what some called "America's most ignored crime problem." 2 In 1996, Struckman-Johnson, Struckman-Johnson, Rucker, Bumby and Donaldson reported that twenty-two percent of Nebraska's mal prisoners were the victims of sexual pressuring, attempted sexual assault or completed rapes 3 and that one in ten prisoners were victims of a completed rape. 4 Human Rights Watch decried the sexual abuse of women in state prisons in the United States. 5 The National Institute of Corrections also initiated a training program to address staff sexual misconduct that same year. 6 Ironically,
Inmate Sexual Assault: The Plague That Persists
The Prison Journal, 2000
As the population of incarcerated inmates continues to swell to record proportions in the United States, the problem of inmate sexual assault continues to occur. Although no one is immune from such attacks, there are known characteristics that place inmates at increased risk of victimization. The trauma of inmate sexual assault is devastating and pervasive, with complex medical, physical, psychological, and social consequences that must be carefully managed in an interdisciplinary manner. In addition, the recognition that correctional staff of all disciplines may also victimize inmates complicates the management of this process. Mental health staff members are in a key role to shape and contribute to staff training efforts, administrative policies and procedures, and sound intervention protocols that are necessary to respond to individual inmate victims and to ensure safety and security within correctional institutions.
The sexual assault of male victims in incarcerated settings.
International Journal of the Sociology of Law, 1992
Annotation This article examines the incidence of inmate sexual assault in U.S. prisons, victim trauma, and strategies of prevention and intervention. Abstract Although there are no precise, objective data on the incidence of sexual assault in U.S. prisons, anecdotal and suggestive data indicate that it is a serious problem of inmate security and safety. The inmate victims of such assault experience humiliation, degradation, and possible re-victimization. Sexual assaults contribute to violence in prison and diminish the chances of inmate rehabilitation. Victims of sexual assault in prison often return to the community embittered and enraged, thus prone to the commission of more criminal offenses. To address this problem, local/State/Federal correctional officials should scientifically determine the incidence of prison sexual violence and establish a crisis intervention protocol for inmate victims in accordance with the Cotton and Groth (1984) model. Preventive and intervention steps should include relevant training and attitudinal development for correctional staff, long-term strategies for inmate victims, mandated reporting of any incident of sexual assault, and a more efficient response in the prosecution of such offenses. 87 references. Dumond, R.W. (1992). The sexual assault of male inmates in incarcerated settings. International Journal of the Sociology of Law, 20 Issue: 2 Dated: (June 1992) Pages: 135-157. NCJ139657
Prison Rape: A Critical Review of the Literature
2000
This executive summary covers the highlights of the report Prison Rape: A Critical Review of the Literature, which analyzes obstacles and problems that must be overcome to effectively measure sexual assault at the facility level. Each bold heading in this summary refers to the same bold heading contained in the larger report. Federal Legislation. The Prison Rape Elimination Act of 2003 calls for research and policy changes to minimize sexual victimization of incarcerated juveniles and adults. The Act also calls for a zero tolerance policy; national standards for the detection, prevention, reduction, and punishment of prison rape; collection of data on incidence; and development of a system to hold prison officials accountable. Also, the Bureau of Justice Statistics is to design a methodology to assess the prevalence of prison sexual assault and monitor adult prisons, jails, and juvenile facilities. In the findings section of the public law, there is a claim from unnamed experts that a conservative estimate of victimization suggests that 13 percent of inmates in the United States have been sexually assaulted. Defining Sexual Victimization-Prevalence and Incidence. Research should distinguish various levels of sexual victimization from completed rapes to other forms of sexual coercion. Any measurement process will have to distinguish between the prevalence and incidence of the events. Prevalence refers to the number of people in a given population who have ever had a sexual assault experience. Incidence refers to the number of new cases. This distinction is important, because prevalence can be high, but the number of new cases is low due to some kind of intervention or enforcement of policy. Prison Rape Literature. Aside from one study conducted by the Bureau of Justice Statistics (BJS) in 1997, all other studies conducted in the United States included fewer than 50 prisons in total. In 2000, BJS reported there were 1,668 federal and state prisons. There has also been one study of sexual victimization in a jail system. In 1999, the Bureau of Justice Statistics reported there were 3,365 jails in the United States.
New Hope for Victims of Prison Sexual Assault
The Journal of Law, Medicine & Ethics, 2003
enate Bill 1435, the "Prison Rape Elimination Act of 2003,"' was introduced into the Senate on July S 21, 2003, and in less than a week passed both the Senate and House by unanimous consent. The Bill was presented to President Bush o n September 2, 2003, and he signed it two days later on September 4, 2003. The stated purposes of the Act are far-reaching and ambitious: (1) establish a zero-tolerance standard for the incidence of prison rape in prisons in the United States; (2) make the prevention of prison rape a top priority in each prison system; (3) develop and implement national standards For the detection, prevention, reduction, and punishment of prison rape;
Prison Rape Elimination Act Litigation and the Perpetuation of Sexual Harm
2014
The Prison Rape Elimination Act (PREA) is perhaps the most significant law reform project undertaken on U.S. prison issues in the twenty-first century. In the decade since PREA was enacted, it has been invoked by both plaintiffs and defendants and mentioned in hundreds of opinions, even though PREA does not create a private right of action or affirmative defense. This article provides the first scholarly analysis of the role of PREA in prison litigation. The author argues that courts have addressed PREA in ways that have disserved prisoners and contributed to the perpetuation of sexual harm.The article first provides background on PREA and on the constitutional and statutory standards that govern most claims related to sexual abuse in detention. Second, it describes and analyzes the key ways in which PREA has failed prisoners. Third, it lays out proposals for judicial approaches to PREA that would make better doctrinal and normative sense than current trends, including using PREA to...