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Full-Text Articles in Law
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis
After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis
Project on Addressing Prison Rape - Articles
This article examines a profession where women have made great strides—corrections. Using an equality framework, corrections and other non-traditional professions were the first targets of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than men to …
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
The Violence Against Women Act: Denying Needed Resources Based On Criminal History, Jaime M. Yarussi
Project on Addressing Prison Rape - Articles
This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims.
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.
Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith
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.
Battering, Forgiveness And Redemption, Brenda V. Smith
Battering, Forgiveness And Redemption, Brenda V. Smith
Project on Addressing Prison Rape - Articles
While there has been some acknowledgement that battered women kill, there has been less acceptance that battered women may have been arrested for some other offense. Can those fallible women be “forgiven” for their offenses and allowed to receive the community affirmation, validation, social services, and protection that other battered women receive? This Article focuses on a topic that, though discussed, has frequently been dismissed in the domestic violence discourse; battered women’s forgiveness of their batterers and battered women’s process of forgiving themselves for participating in the relationship.
Watching You, Watching Me, Brenda V. Smith
Watching You, Watching Me, Brenda V. Smith
Project on Addressing Prison Rape - Articles
This article addresses these arguments and ultimately concludes that same-sex supervision should be adopted in U.S. prisons in supervising both male and female prisoners. First, while same-sex supervision may not prevent sexual misconduct, it may reduce it by cutting off a primary vector of sexual misconduct-cross-gender interactions between staff and inmates. Second, same-sex supervision may increase prisoner well-being by giving prisoners a greater sense of control over their bodies, thereby reducing their sense of vulnerability to abuse. Finally, adopting same-sex supervision policies would make the United States' position more congruent with international standards for the treatment of prisoners.