The Prison Rape Elimination Act (PREA) of 2003: A Critical Reimagination with Interest Convergence Principle

Prison rape has been a documented and deplored feature of the American penal landscape since at least 1826. Enacted in 2003, the Prison Rape Elimination Act (PREA) was the first federal measure intended to combat rampant sexual violence in correctional settings. The PREA has most frequently been framed as an ideologically motivated, human rights-related measure. However, this paper offers an alternative narrative guided by Derrick Bell's interest convergence principle, which scholars have recently applied to certain cases of criminal justice reform. This paper suggests that the timing and the trajectory of the PREA is better understood as the result of converging interests, both ideological and practical. The law was not only an altruistic human rights measure, but also a public safety, public health, and taxpayer relief measure.