Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Law

Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.


Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith Jan 2006

Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners' rights in sexual expression from states' legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …