The Prison Rape Elimination Act

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THE PRISON RAPE ELIMINATION ACT The Prison Rape Elimination Act Nicole A. Mitchell August 3, 2012 CCJS 497 Professor Arthur M. Wallenstein In 2003 Congress passed and President Bush signed into law the Prison Rape Elimination Act (PREA). When this act was created it was to serve eight primary purposes, which include; establishing a zero-tolerance policy for the incidence of rape in United States prisons, make the prevention of prison rapes a top priority in the prison system, develop and implement national standards for detection, prevention, reduction, and punishment of prison rape, standardize the definitions used for collecting on the incidence of prison rape, increase the accountability of prison officials who fail to detect, prevent, reduce, and punish prison rape, protect the Eighth Amendment rights of federal, state, and local prisoners, and increase the efficiency and effectiveness of federal expenditures through grant programs and reduce to costs that prison rape imposes on interstate commerce (Thompson, 2008). Prior to the formulation of the Prison Rape Elimination act the extent of prison rape was unknown. During a 1996 study of the Nebraska Prison System it was found that the rate of rape in prisons was similar to the percentage for females who were not incarcerated, which was approximately 1 in 4. In a more recent study conducted by the United States Department of Justice in 2004, approximately 1 year after the Prison Rape Elimination Act was passed, 8,210 allegations of sexual violence were reported throughout 2,700 correctional facilities. The majority of the incidents reported were allegations of staff sexual misconduct, totaling 42%, and 37% of the incidents reported were inmate-on-inmate nonconsensual sexual acts. Other research suggests that about 1 in 5

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