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Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision

70 Pages Posted: 3 Dec 2009 Last revised: 13 Dec 2009

Jaime M. Yarussi

American University Washington College of Law

Brenda V. Smith

American University - Washington College of Law; American University - NIC/WCL Project on Addressing Prison Rape

Date Written: October 2, 2009

Abstract

This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing sexual violence in custody. This publication begins with a brief discussion of staff sexual misconduct, and then examines a variety of definitions of staff sexual misconduct as defined by federal law. Next, the publication explores, in detail, sexual misconduct as defined by state criminal laws in the United States, provides examples of current state criminal laws on staff sexual misconduct and discusses the legal implications of these statutes. Finally, this publication concludes by reviewing the policy issues that stakeholders and policymakers should consider when evaluating a state criminal law on staff sexual misconduct, and provides recommendations for strengthening state laws to enhance their effectiveness.

Keywords: staff sexual misconduct, sexual abuse, sexual violence, prison rape, custodial supervision

Suggested Citation

Yarussi, Jaime M. and Smith, Brenda V., Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision (October 2, 2009). Available at SSRN: https://ssrn.com/abstract=1517350 or http://dx.doi.org/10.2139/ssrn.1517350

Jaime M. Yarussi

American University Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016

Brenda V. Smith (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

American University - NIC/WCL Project on Addressing Prison Rape ( email )

4801 Massachusetts Avenue, NW
Washington, DC 20011
United States

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