Publication Date

2025

Document Type

Book

Description

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 the PREA fails to protect prisoners from prison rape. For example, its standards may be ineffective or criminalize consensual sex between prisoners. This project will examine the shortcomings of the PREA using current legal scholarship and argue for solutions to improve the law to better protect 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.

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Reevaluating the Prison Rape Elimination Act: Analyzing Its Shortcomings

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