Sex in jail is a curious byproduct of the penal system. It is far more nuanced than the conventional description of prison rape suggests. So what is sexual punishment?
The narrative often exaggerates forced sex in jails due to overt physical violence, overlooking the context of sexual abuse. The Eighth Amendment theory excludes prison circumstances from cruel punishments, and feminist research on rape legislation has received little attention. The Prison Rape Elimination Act focuses on serious prison rapes but lacks structural flaws. The PREA’s reform strategy focuses on prosecuting rape inmates and increasing security. This Article Provides more information on Sexual Punishment so read on.
Sexual Punishment: Prison Rape Elimination Act
In 2003, the Prison Rape Elimination Act (PREA) received resounding support from lawmakers from both parties.
The 2003 Prison Rape Elimination Act (PREA) mandated research and funding to protect individuals against prison rape. It established the National Prison Rape Elimination Commission and the PREA Resource Center. The final PREA Standards were released in 2012, and the PREA Resource Center was funded by the Bureau of Justice Assistance in 2010 to provide technical assistance and meet federal standards.
PREA Certifications and Assurances from Governors
The PREA statute allows governors to certify their jurisdiction’s compliance with PREA standards. If they cannot, they can request escrow funds or promise to use 5% of specific DOJ grant funds for future compliance. If not, they forfeit 5% of the grant money. This change began in fiscal year 2014 and will result in a PREA reallocation or reduction each year. In 2014, three DOJ grant programs became subject to the PREA’s requirement for certificate production.
Sexual Punishment: The Office of Justice Programs (OJP)
It oversees several grant programs, including the Juvenile Justice and Delinquency Prevention Act (JJDPA) Formula Grant Program of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the Edward Byrne Memorial Justice Assistance Grant Program of the BJA.
The Office on Violence Against Women (OVW)
They are in charge of overseeing the third grant program, the Services, Training, Officers, and Prosecutors (STOP) Violence Against Women Formula Grant Program.
As a result, beginning with FY 2017 funding, the STOP Violence Against Women Formula Program will no longer be deemed a PREA-eligible program. The effect on rewards from fiscal years 2014 to 2016 won’t alter.
Sexual Punishment: Investigation Process for PREA
To conclude a well-informed case, it is crucial to gather as much information as you can.
The gathering of data and proof is the investigator’s responsibility.
Is PREA a federal law?
The first federal law in the US to prevent sexual assault on inmates is the Prison Rape Elimination Act of 2003 (PREA). On September 4, 2003, the measure became official law, and if anyone went against it, it was likened to facing sexual punishment.
Sexual Punishment: What is PREA’s highest priority?
According to the statute, each state must have a “zero tolerance” policy for all types of perpetrator sexual assault and harassment and must prioritize preventing such behavior.
Principle of Zero Tolerance
Every prisoner has the right to be free from sexual harassment and abuse. The Missouri Department of Corrections maintains a zero-tolerance policy for all types of offender sexual abuse and harassment in compliance with the Prison Rape Elimination Act.
Upon learning of a culprit, the department will look into all claims and work diligently to bring charges.
Sexual abuse occurs when a person obtains a sexual favor out of fear, coercion, or an implied threat. Staff-on-sexual misbehavior by offenders is not acceptable.
Any form of sexual activity with an offender is illegal under state law for staff members, independent contractors, and volunteers.
The department has taken several actions to prevent sexual abuse and harassment, such as increasing the number of security cameras, giving the offender population multiple ways to report the perpetrator’s sexual assault, preparing our staff to identify the symptoms and signs associated with sexual assault, and talking to the violator population on how to prevent and report sexual abuse.
Who manages PREA?
The U.S. Attorney General formed the Department of Justice’s (DOJ) PREA Working Group to assess the PREA Commission’s suggested standards and release final PREA standards based on the U.S. Attorney General’s independent judgment.
Which states have PREA compliance?
According to the department’s most recent compliance list, nineteen states have completely implemented criteria under the Prison Rape Elimination Act, or PREA.
Another 34 states and territories have shown that they are striving to comply. However, Utah and Arkansas continue to oppose the criteria.
Summary:
Sex in prison is a complicated problem, and the Eighth Amendment interpretation mostly removes prison conditions from the constitutional prohibition on “cruel and unusual punishments.” In most cases, sexual punishment is not effective
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