In the United States prison rape is considered to be as “an accepted fact of prison life” (Dumond, 2003). The first national study on prisoner sexual assault in male correctional institutions was published in 2001 by Human Rights Watch (Dumond, 2003). The problem then attracted attention of national media summoned to stop punishment of prison rape (Dumond, 2003). Also the problem of prison rape united legislators, human rights organizations, social scientists, religious professionals to work on the legislation which is now known as the Prison Rape Elimination Act of 2003 (hereinafter – PREA) (Dumond, 2003). Thus, one may observe that PREA became a response to a national scandal.
The main purposes of PREA are to: (1) establish a zero-tolerance standard for prison rape in the US prisons; (2) make prison rape prevention a top priority in each prison system; (3) develop and implement national standards for prevention, detection, reduction and punishment for prison rape; (4) increase available information and data on prison rape so as to enhance management and administration in correctional facilities; (5) increase the accountability of prison personnel in case of failure to prevent, detect, reduce and punish prison rape; (6) protect Eight Amendment rights of prisoners (sec. 3 of PREA). Thus, one may see that one of the goals of the act is to have as much as possible full information on incidents of prison rape. Therefore, PREA mandates statistical research and analysis of incidents of prison rape. The duty to carry out such a research is imposed on the Bureau of Justice Statistics (sec. 4 (1) of PREA). The act also provides for prevention and prosecution of prison rapes. In particular, the act establishes the National Institute of Corrections which shall provide periodic training for federal, state and local authorities for prevention, investigation and punishment of prison rape (sec. 5 of PREA). Furthermore, the act establishes the National Prison Rape Commission which should conduct a comprehensive legal and factual study of the physical, penalogical, medical, mental, social and economic impact of prison rape in the United States (sec 7 PREA). The Commission also should make recommendations on national standards for improving the prevention, detection, reduction and punishment of prison rape (sec 7 PREA). The duty to adopt national standards for the prevention, detection, reduction and punishment of prison rape is imposed on the Attorney General (sec 8 PREA). Thus, PREA is mainly enforced through the Attorney General’s ruling.
The Attorney General’s ruling requires correction facilities to designate a PREA point person with sufficient time and authority to coordinate efforts on compliance with PREA standards (DOJ). Furthermore, the ruling requires correctional facilities to elaborate and document a staffing plan that provides for adequate levels of staffing and if applicable, video monitoring to protect inmates against sexual abuse (DOJ). The ruling prohibits placing inmate under 18 in a housing unit where there is a contact with adult inmates in common space, shower area, sleeping quarters (DOJ). Also correctional facilities should maintain outside housing units sight and sound separation …