Prison Rape: Legal Challenges And Institutional Accountability
Swathy Resmi S, B.A.LL.B. (Hons), National University of Advanced Legal Studies
ABSTRACT
The principle of Justice and human dignity is a significant concern worldwide. Prison rape is one of the various challenges which affect Justice and human dignity. Even though legal frameworks and international guidelines exist, systemic impediments remain. This paper explains the reasons and effects of rape in prison. The paper also examines the effectiveness of the Prison Rape Elimination Act in the United States, international human rights standards like the Nelson Mandela Rules, and legislation in specific countries. The challenges are primarily in implementing the law and the lack of evidence when the case comes to the Court. The paper gives some suggestions for mitigating these risks.
