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- Vol. 41 No. 5, September 2007
The prosecution of prison rape and the Prison Rape Elimination Act CD.
In recognition of the problem of sexual violence in prisons nationwide, Congress passed the Prison Rape Elimination Act (PREA) of 2003. Congress found that in addition to the destructive impact suffered by inmates who are sexually victimized, the problem is detrimental to society as a whole. Prison rape leads to homicides and other violence against inmates and prison staff, increases the risk of prison riots, and exacerbates racial tensions both within the prison and, after inmate release, in the community at large. Inmates who have been sexually brutalized are more likely to commit crimes when they are released. Victims of prison rape suffer severe physical and psychological consequences that prevent them from assimilating back into the community and maintaining stable employment upon their release from prison. Thus, they are more likely to become homeless or require government assistance.
Many state and local prosecutors have reported difficulties in charging, investigating and prosecuting prison rape cases, which are often complicated by recanting witnesses, lack of physical evidence, jury insensitivity, or the threat of tandem civil lawsuits, among other issues. The American Prosecutors Research Institute seeks to promote and enhance prosecutors' awareness of prison rape...
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