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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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