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PREA Legislation

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PREA Legislation

PREA is a short form for the Prison Rape Elimination Act, and it alludes to government legislation intended to alleviate the issues of sexual exploitation and lewd behaviour in correctional institutions, penitentiaries, juvenile, and prisons. PREA was passed in 2003 by Congress to diminish the expanded rate of jail assault in the nation. Various American states had to implement the resolution. However, multiple variables have made it hard for the department to achieve its objectives. For example, direct victims are never ready to report the cases to the appropriate authorities. The essential goals of PREA enactment incorporate the accompanying: the anticipation of jail assault and different types of sexual maltreatment, recognition of any inappropriate behaviour cases, and giving answers for the issue (Campaign for Youth Justice, n.d.). Both local and government authorities are dynamic players in the realization of the PREA objectives. Authorities should guarantee correctional centres comply with rules set by PREA and the Department of Justice. Each person, regardless of whether in prison or free, is qualified for specific rights and benefits, and all authorities must uphold the welfare of inmates and victims.

 

In many nations, detainees are denied of their privileges and are presented to horrible living conditions. Ending sexual assault is both legal and ethical exercise. Therefore, authorities are supposed to see through the implementations of the guidelines set in PREA and report to the department of justice any crime related to it. The inability to do so will present an unprecedented loss of 5% of allocated funds (Bureau of Justice Assistance, n.d.). For the implementation of the PREA directive, support and funds are essential. The national government provides the funds and ensures PREA is actualized. PREA being a federal statute, the federal government supports it to as the core.

 

Slide 1

The implementation of PREA took place in the year 2003 to bring down cases of rape in correctional centres. It is obligatory for the BJS to list the following at the time of the statistical review: primary characteristics of both the assaulted persons and the criminals on the same and the institutions with top-notch sexual assault numbers. (Bureau of Justice Statistics, n.d.). The BJS improvised a strategy on collecting variables to analyze and determine the propensity of the acts. It is hard to get people to confess openly about sexual assault. The National Prison Rape Statistics Program (NPRSP) was the name they came up with for the program.

 

Slide 2

Confinement and correctional institutions I am heavily characterized by rape, and thus, PREA was actualized to upgrade the welfare of detainees and shield them from sexual mistreatment. The objectives of the PREA enactment incorporate these: detection, curbing, and alleviation of sex assault cases in the faculties. The most affected persons are those under the age of 18 years and are sexually abused either by the fellow inmates or people working there. The results brought by this wrongdoing are drastically negative. For example, young inmates taking their own lives is a result of being exposed to terrible living conditions that are extraordinary. Older ones also go through sexual assault and are protected by law. For mitigation on the issue of such sexual exploitation, a few measures have been actualized, for example, only allowing segregating youthful detainees an hour with the rest of the inmates.

Slide 3

All prisons should tackle the issue of rape by insulating the victims with security in case they report their experiences. Sexual assault in prison is a crime, just like that outside in the free world. The authorities ought to take every rape seriously to encourage those affected to come forward. They should not assume any or treat with less seriousness. The police should also improvise ways to protect any whistleblower because such people are often in danger of getting revenge from the perpetrators. Conclusively, gender misconceptions drastically influence coming forward as a result of sexual abuse. Hypothetically, females are perceived to be the ones who raise interest bars, and any rape case will get bias the treated with bias (Kubiak et al., 2016). Women are afraid to report sexual assault cases because of the society judges and blame them.

 

Slide 4

The PREA rule is applicable in the U.S., and all the confederacies rare set to adhere to it. There has been a lot of cases that have been handled by this legislation and perpetrators judged by it. In the year 2017, an inmate in Oklahoma, For instance, in 2017, Ashley Michelle Smith from Tulsa Country in Oklahoma, was arrested and charged with sexually assaulting an inmate. Another staff member yet, Deenesha Lemandy Carter, from Georgia’s Central State Prison, was put under a five-year probation punishment for violating her code of ethics violating her oath of office. She got an indictment for having a sexual affair with one of the prisoners, Walter Lee Harris (Gilna, 2017). There are other sentences slapped on such criminals, such as the loss of a certificate in their professional field. However, policies have not yet killed crimes in the nation since they are still in practice in prisons all over the country.

 

Slide 5

The execution of the PREA enactment reinforced the tasks of the nation’s Department of Justice since it presented new strategies and projects that helped in the reduction of crimes. For example, the preparation and training program was planned for preparing the prisoners and the staff with information in regards to their privileges and the right steps to follow when exposed to rape. The preparation ought to be revived every couple of years (CoreCivic, n.d.). Moreover, all people were allowed a chance to report every single associated crime or claim with sexual assault behaviour to the appropriate office. Investigation strategies were changed to be objective, and all cases should be dealt with thoroughly.

 

Slide 6

Title 18, U.S.C., Section 242, strongly condemns any prejudice and mistreatment on the basis of colour and race (Cornell Law School, n.d.). Any treatment that robs an individual their rights and privileges is punishable by law. Such behaviours are a violation of the article.

 

Slide 7

An individual adamant about violating Section 242 of Title 18 is subject to severe punishment. Such punishment comes in the form of fines and a prison term of not more than a year or even both. In any case that the crime led to physical injury to the victim, the perpetrator is looking at a hefty fine or less than ten years in prison or both (U.S. Department of Justice, n.d.). In the event that a victim dies, there is the option of life imprisonment.

 

Slide 8

In recent years, sexual harassment cases have significantly risen. This is why there was a formulation of PREA to contain the problem. The idea was to identify and consequently seek the best ways to curb the cases of sexual assault on both the young and old inmates in prison (The United States Department of Justice, n.d.). It is, however, sad that despite this policy, there is not zero crime to this.

 

 

References

Bureau of Justice Assistance. (n.d.). Prison Rape Elimination Act (PREA). https://bja.ojp.gov/program/prison-rape-elimination-act-prea/overview

Campaign for Youth Justice. (n.d.). Prison Rape Elimination Act. Campaign for Youth Justice. https://www.campaignforyouthjustice.org/prison-rape-elimination-act

 

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