Volume 57
Issue 4
Fall '20

Promise Amid Peril: PREA's Efforts to Regulate an End to Prison Rape

Written By: Brenda V. Smith

Abstract

This Article discusses the modest aspirations of the Prison Rape Elimination Act (“PREA”) that passed unanimously in the United States Congress in 2003. The  Article  posits  that  PREA  created  opportunities  for  holding  correctional authorities accountable by creating a baseline for safety and setting more transparent expectations for agencies’ practices for protecting prisoners from sexual abuse. Additionally, the Article posits that PREA enhanced the evolving stand-ards of decency for the Eighth Amendment and articulated clear expectations of correctional authorities to provide sexual safety for people in custody.

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