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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