Gendered Prisons, Gendered Policy: Gender Subtext and the Prison Rape Elimination Act

Purpose: This chapter illuminates the ways in which the coherent arrangements of prisons contribute to variation in implementation, functioning, and consequences of a purportedly gender neutral policy, the Prison Rape Elimination Act (PREA), between women’s and men’s prisons.

Methodology/Approach: Guided by grounded theory, two waves of qualitative interviews with inmates, staff, and volunteers at two Midwest women’s prisons were conducted for a total of 61 interviews. Interviews were supplemented with archival data obtained from state historical archives, news outlets, and the Iowa Department of Corrections, as well as participant observation of prisoner advocacy group meetings and the Iowa Board of Corrections’ meetings, and a content analysis of an online discussion forum for correctional officers.

Findings: We find that the gender subtext of prisons shapes the way the PREA is perceived and implemented. Overall, we argue that due to founding logics that differentially shaped the coherent arrangements of men’s and women’s prisons, blanket policies operate differently in these institutions. The gender subtext of prisons, specifically the structural arrangements and cultural processes within women’s and men’s prisons form different landscapes in which the PREA is perceived, enforced, and responded to.

Practical Implications: Given these findings, we call for gender-informed policy that takes gender subtext into account but that also avoids the trap of statistical discrimination present in some gender responsive policies.