American Civil Liberties Union

In 2003, Congress took an important first step in addressing a national tragedy: epidemic levels of rape and sexual abuse in our nation’s prisons, jails and youth detention centers. The Prison Rape Elimination Act (PREA), passed unanimously in Congress and signed into law by President George W. Bush, called for the development of binding national standards for the prevention, detection, response and monitoring of sexual violence behind bars. After nine years, these standards were finally released by the U.S. Department of Justice earlier this month. They represent the first national effort to hold correctional facilities accountable for abuse while at the same time instituting policies and procedures that will help prevent abuse in the first place.

On Monday, a federal court judge heard oral arguments in the Freedom of Information Act (FOIA) case brought by the Service Women's Action Network (SWAN) and the ACLU seeking records from the Departments of Defense and Veterans Affairs regarding their response to sexual assault, sexual harassment, and domestic violence in the military. While the hearing has yet to yield a final ruling, one point was clear: the government continues to refuse to disclose documents that could reveal the human toll of military sexual and domestic violence.

Last Thursday’s release of the long-delayed national Prison Rape Elimination Act (PREA) regulations by the Department of Justice reminds us of the hundreds of prison rape victims we’ve heard from over the years who could not seek justice because the prison officials who failed to protect them were essentially immunized from liability by a 1996 federal law, the Prison Litigation Reform Act (PLRA). The announced purpose of the PLRA was to curb the filing of frivolous litigation by prisoners. In reality, the law makes it

Earlier this year, Corrections Corporation of America (CCA), the largest for-profit incarceration company in America, sent a letter to officials in 48 states offering to buy state prisons and run them for a profit. We're still waiting to hear what most states will do with the offer.

Sure, at first blush, an injection of CCA money into government coffers might seem attractive to cash-strapped states. But here's the rub: states would be paying CCA for this short-term cash infusion with the liberties and freedoms of their citizens. For the corporation to buy a prison, a state would have to agree to keep it 90 percent full and CCA-operated for at least 20 years.