PREA stands as a landmark piece of legislation aimed at ending sexual assault
and rape within detention and correctional facilities across the US. Sponsored by a bipartisan coalition, Congress enacted and passed the PREA unanimously in 2003. PREA aims to safeguard the rights and dignity of detained and incarcerated men, women, and children by setting national standards for the detection, prevention, punishment, and, ultimately, elimination of prison rape.
PREA’s significance lies not only in its legal and regulatory framework but also in its commitment to upholding civil and human rights and challenging cities, states, and the federal government to ensure safe and humane environments for all individuals in custody.
Smith’s journey to championing this cause began during her tenure with the District of Columbia Public Defender Service (PDS), where she witnessed firsthand the stark inequalities faced by incarcerated women and girls. Aſter leaving the PDS for the National Women’s Law Center, Smith developed innovative solutions to addressing imprisoned women’s needs, including a weekly in-person educational series at the Lorton Women’s Prison and a resource guide for incarcerated women about their rights and about resources in the community. Her work with the women revealed violent, unsafe prison conditions; unequal access to programs, opportunities, and resources; and an even more disturbing reality—women who conceived in custody as a result of sexual abuse by staff and male prisoners.
Smith describes how she first learned of the scale and persistence of sexual violence in women’s prisons.
Smith said, “The women were not safe. They were neither supervised nor protected. Correctional staff coerced women to trade sex for services and resources that were a part of their jobs—arranging visits with women’s children and families, access to educational and work opportunities, and writing reports to the court or the parole board indicating they should be released. Ultimately, women started asking me if I could help them get out to terminate these pregnancies.”
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This revelation spurred Professor Smith to act. In 1993, she initiated a groundbreaking class- action litigation challenging women’s sexual abuse and inadequate and unequal access to programs, services, and opportunities compared to those offered to male prisoners.
Through her work, Smith has brought a human rights framework into constitutional jurisprudence, forcing institutions to confront and reassess their practices. She emphasizes the importance of acknowledging cross-class, cross-race, and cross-gender issues in the ongoing success of PREA.
“Imprisonment has become so much a feature of our society,” Smith said. “There is no one
advocating. The formerly and currently incarcerated people are leading and doing the work.”
Smith’s work has positively influenced data collection methodologies and legal proceedings. However, despite progress, she recognizes the historic tendency of the public to diminish the severity of prison rape, underscoring the pressing need to change perceptions and dispel stereotypes. But even in this challenging context, Smith finds hope.
“One of the big events for criminal justice in the District was January 6,” Smith explained. “January 6 increased exponentially the net of incarcerated people. Upstanding Christian patriots are coming to understand the importance of a fair, just, humane system. It opens the door a bit wider for what is possible.”
In a system where the vulnerable are often overlooked, Professor Brenda Smith’s tireless advocacy inspires.
who does not know someone who has not found themselves in a criminal legal system. Increasingly that expands across race, gender, class, and ethnicity which is why I think PREA has gained so much traction.”
Expanding on the most rewarding aspects of her work, Smith highlights the resilience and courage of incarcerated individuals and the people who strive for equality for incarcerated people.
“I have met extraordinary people who do this work,” she said. “My clients, the women who I was initially introduced to that I learned everything from, the people who are
Delving into PREA’s impact on data collection and understanding sexual abuse in custody, Smith remarked, “PREA has contributed to a detailed understanding about the ways that sexual abuse presents itself. That gives us a greater understanding of the nuances of carceral settings in a way we can’t shy away from. It makes people uncomfortable. That
level of discomfort is crucial for creating transformative change. It means we need different modes of supervision, multiple ways to report including anonymously, and fewer people in custody. We must understand that all prisoners are at risk. And if people in custody are not safe, neither are staff. ”
For those seeking to get involved protecting the human rights of people in custody, Professor Smith offers a range of opportunities—from public defense and civil rights work to legislative engagement and community development initiatives. She emphasizes the urgent need to create equitable and hospitable communities to prevent individuals from entering the criminal legal system in the first place.
In a system where the vulnerable are oſten overlooked, Professor Brenda Smith’s tireless advocacy inspires. Her work challenges institutions to do better and encourages others to join the fight for a just and humane society for all.
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