Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. This note will outline Supreme Court precedent relating to sexual abuse and the rights of prisoners, the law of Eighth Amendment violations, the current state of prison sexual abuse, and the ways in which the current version of the Prison Rape Elimination Act fails. It concludes with a revised version of the Prison Rape Elimination Act showcasing the major changes that should be made.

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