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14 Mich. J. Gender & L. 259 (2007-2008)
Unusual Suspects: Recognizing and Responding to Female Staff Perpetrators of Sexual Misconduct in U.S. Prisons

handle is hein.journals/mjgl14 and id is 263 raw text is: UNUSUAL SUSPECTS: RECOGNIZING AND
RESPONDING TO FEMALE STAFF PERPETRATORS
OF SEXUAL MISCONDUCT IN U.S. PRISONS
auren A. Teichner*
INTRODUCTION • 260
1.    THE U.S. LEGAL SETTING SURROUNDING
STAFF-ON-INMATE SEXUAL MISCONDUCT • 267
A. Statutory Law • 267
1. Criminal Statutes • 267
2. The Prison Rape Elimination Act of 2003 • 271
B. The Federal Courts and Case Law • 274
II.   THE GENDER STEREOTYPE REGARDING MEN,
WOMEN, AND SEXUAL VIOLENCE IN THE PRISON SYSTEM . 276
A. Historical Shifts in Thinking Giving Rise to
the Gender Stereotype • 277
B. Manifestations of the Gender Stereotype
in the Court System • 281
1. Inmates' Challenges to Cross-Gender Supervision • 283
2. Staff Members' Challenges to Same-Sex
Supervision • 285
C. The Failure to Prosecute Female Staff Perpetrators • 288
III. RETHINKING THE GENDER STEREOTYPE • 290
A. Learning Lessons from the Courts'
Treatment of Female Perpetrators ofStatutory Rape • 291
B. The New Standard • 295
CONCLUSION • 297
J.D. Candidate, May 2008, American University, Washington College of Law; A.B.
Religion, Certificate in the Program for the Study of Women and Gender, 2003,
Princeton University; M.Sc. Gender and Social Policy, 2005, London School of Eco-
nomics and Political Science. Professor Brenda Smith has my profound gratitude for
her guidance and support in the conception and completion of this article. I would
also like to thank my original Article editor at American University, Tritia Yuen, who
encouraged me at every stage of the writing process and provided constructive criti-
cism of my earlier drafts. I owe further thanks to the staff of the NIC / WCL Project
on Addressing Prison Rape, particularly Nairi Simonian, for their research assistance.
I would also like to thank the hardworking staff of the Michigan Journal of Gender &
Law, particularly my editors, Coty Meibeyer and Liz Stameshkin. Finally, my thanks
go to my family and friends for their unending love and support.

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