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DOI

10.22191/BUUJ/11/1/5

Faculty Sponsor

Alexandra Moore

Abstract

Prisoner-on-prisoner sexual abuse is widespread in US male prisons, with inmates “turning each other out” by sexually assaulting each other. While the Prison Rape Elimination Act (PREA) received unanimous support in Congress in 2003, motivated by the Human Rights Watch Report “No Escape: Male Rape in Prisons,” scholars argue that the PREA fails to protect prisoners from prison rape: for example, its standards may be ineffective or criminalize consensual sex between prisoners. This essay will examine the shortcomings of the PREA, drawing on current legal scholarship, and propose solutions to enhance the law's effectiveness in protecting prisoners. The US government owes prisoners a safe environment for rehabilitation, which begins with adjusting the Prison Rape Elimination Act to better protect prisoners against prison rape. Future research should explore the implementation of legislation to improve the PREA.

Citation Style

APA

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