Watching You, Watching Me
Brenda V. Smith
American University - Washington College of Law; American University - NIC/WCL Project on Addressing Prison Rape
Yale Journal of Law & Feminism, Vol. 15, 2003
American University, WCL Research Paper No. 2008-32
This article examines one of the most often called for remedies for sexual abuse of female inmates - ending cross-gender supervision of female inmates by male correctional staff.
Part I of the article describes the context of sexual misconduct against prisoners in the United States, highlighting important cases and discourse. Part II examines important differences in the legal decisions that address claims challenging cross-gender supervision raised by or concerning male and female inmates. Part III addresses the disconnect between the jurisprudence involving cross-gender supervision of men and women positing a "dignity and shame" approach by the court, and examines the explicit and implicit assumptions about race and gender that account for the difference in treatment of male and female prisoners. Part IV concludes with a recommendation that the U.S. establish a zone of privacy for both male and female inmates that exists regardless of the inmate's gender. It further concludes that while same-sex supervision of male and female inmates is an imperfect solution, it remains the best response presently available. The article also provides recommendations for implementing same-sex supervision consistent with Title VII, thereby recognizing both the importance of equal employment opportunities and the right to privacy and basic human dignity of both male and female inmates.
Number of Pages in PDF File: 68
Keywords: prisons, rape, violence gender, Title VII, international law
JEL Classification: K14, K31, K42, K49, K30, K19, K10, Z00, J71, I39
Date posted: May 14, 2007 ; Last revised: March 4, 2008