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Cardozo Journal of Equal Rights & Social Justice

Abstract

The note advocates for amending the Prison Rape Elimination Act (PREA) to include a private cause of action, enabling survivors of sexual misconduct in confinement to seek judicial remedies. This amendment would enforce their Eighth Amendment rights and address the limitations imposed by the Prison Litigation Reform Act (PLRA), which hinders access to justice for incarcerated individuals.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Disability Law | Law | Psychiatry and Psychology

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