Added: November 7, 2015 – Last updated: October 1, 2016


Speakers: Claire Angelique R.I. Nolasco and Michael S. Vaughn

Title: Prison Rape

Subtitle: Liability under Farmer v. Brennan Before and after the Prison Rape Elimination Act

Conference: 61st Annual Meeting of the American Society of Criminology: Criminology and Criminal Justice Policy (November 4-7, 2009)

Session: The Litigation of Prisons

Place: Philadelphia, Pennsylvania, United States

Date: November 7, 2009

Language: English

Keywords: Modern History: 20th Century, 21st Century | American History: U.S. History | Offenders: Prison Staff, Prisoners; Prosecution: Laws / Prison Rape Elimination Act; Types: Prison Rape; Victims: Prisoners


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Claire Angelique R. I. Nolasco, Department of Humanities and Social Science, Texas A&M University at San Antonio

Abstract: »The U.S. Department of Justice estimates there were 8,210 allegations of sexual violence in more than 2,700 correctional facilities, holding 79% of all adult and juvenile inmates. In response to the growing incidence of prison rape and sexual coercion, Congress enacted the Prison Rape Elimination Act of 2003 on September 4, 2003. Two purposes of the law were to establish a zero-tolerance policy for prison rape among correctional facilities and to require prisons to prioritize and institutionalize policies aimed at detecting, preventing, reducing and punishing prison rape. This paper focuses on cases litigated in the U.S. Courts of Appeals on prison rape during the 6-year period prior to the PREM enactment and cases litigated during the 6 year period after its implementation into law. This paper (1) examines whether legal defenses or inmate allegations pre- or post-PREA have changed with respect to prison rape litigation against prison staff under Section 1983, (2) assesses whether legal standards have changed or remained the same pre- and post- PREA when assessing Section 1983 liability against prison staff, and (3) focuses on whether there are geographical diversions within the Circuits with respect to pre-post-PREA Section 1983 liability for inmate-against-inmate sexual violence.« (Source: All Academic)

Wikipedia: History of the Americas: History of the United States / History of the United States (1991–present) | Law: Laws regarding rape / Prison Rape Elimination Act of 2003 | Types of rape: Prison rape / Farmer v. Brennan, Prison rape in the United States