U.S. Department of Justice

PREA / Offender Sexual Abuse

The Prison Rape Elimination Act of 2003 (PREA, P.L. 108-79) was enacted by Congress to address the problem of sexual abuse of persons in the custody of U.S. correctional agencies. The National Institute of Corrections has been a leader in this topic area since 2004, providing assistance to many agencies through information and training resources.

Major provisions of PREA include:


  • Adherence to a zero-tolerance standard for the incidence of inmate sexual assault and rape;
  • Development of standards for detection, prevention, reduction, and punishment of prison rape;
  • Collection and dissemination of information on the incidence of prison rape; and
  • Award of grant funds to help state and local governments implement the purposes of the Act.

The Act applies to all public and private institutions that house adult or juvenile offenders and is also relevant to community-based agencies. It addresses both inmate-on-inmate sexual abuse and staff sexual misconduct.

On June 23, 2009, the National Prison Rape Elimination Commission released and forwarded to the U.S. Attorney General its final report and proposed standards to prevent, detect, respond to and monitor sexual abuse of incarcerated and detained individuals. Based on the Attorney General’s independent judgment, a final rule was published to the Federal Register on June 20, 2012.

Links to the Federal Register, the Commission report and executive summary, the final standards, and other relevant documents are provided in the "Related Web Sites" sidebar to the left.


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Recommended Reading

Date Title Type
2012
Document preview
Prison Rape Elimination Act (PREA) Resources
National Institute of Corrections (Washington, DC); The Moss Group, Inc. (Washington, DC).
This DVD contains NIC videos, DOJ proposed standards, an NIC e-course and dozens of documents to help you learn about the Prison Rape Elimination Act (PREA). The disc includes:
  • the E-Course “Your Role: Responding to Sexual Abuse”
The following videos:
  • Facing Prison Rape: How the Prison Rape Elimination Act Affects You
  • Responding to Prisoner Rape: Assessing Your Agency's Response to Prison Sexual Assault
  • Speaking Up: Discussing Prison Sexual Assa... Read More
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1 data DVD
2013
Document preview
Implementing the Prison Rape Elimination Act: Toolkit for Jails
National Institute of Corrections (Washington, DC); NIC-12RE05GKJ5.. The Moss Group, Inc. (Washington, DC).
UPDATED 1/24/13: Added missing checklists. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilit... Read More
PDF
1 computer file
2013
Document preview
Implementing the Prison Rape Elimination Act: Toolkit for Juvenile Agencies and Facilities
NIC-12RE05GKJ5; National Institute of Corrections (Washington, DC). The Moss Group, Inc. (Washington, DC).
“The goal of this Toolkit is to provide juvenile agencies and facilities of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of residents in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of resident sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, residen... Read More
PDF
1 computer file
2012
Document preview
PREA Data Collection Activities, 2012
By Beck, Allen J.. U.S. Bureau of Justice Statistics (Washington, DC).
Selected findings are provided from various data collection activities related to the Prison Rape Elimination Act (PREA). Data was collected from the National Former Prisoner Survey (NFPS), National Survey of Youth in Custody (NSYC), National Inmate Survey (NIS), Survey of Sexual Violence (SSV), and the Clinical Indicators of Sexual Violence in Custody (CISVC).... Read More
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4 pages
2013
Document preview
Sexual Victimization in Prisons and Jails Reported by Inmates, 2011–12
By Beck, Allen J.; Berzofsky, Marcus; Caspar, Rachel; Krebs, Christopher. U.S. Bureau of Justice Statistics (Washington, DC).
This report present statistics regarding the sexual victimization of prison and jail inmates by other inmates or staff. Sections of this publication cover: highlights; National Inmate Survey; incidents of sexual victimizations; facility-level rates; demographic and other characteristics; special inmate populations—inmates ages 16 to 17; special inmate populations—inmates with mental health problems; and special inmate populations—inmates with a non-heterosexual sexual orientation. Some of the ke... Read More

108 pages

Related Resources

Date Title Type
2013
Document preview
PREA Data Collection Activities, 2013
By Beck, Allen J.. U.S. Bureau of Justice Statistics (BJS) (Washington, DC).
Activities of the U.S. Bureau of Justice Statistics (BJS) related to prison rape during the 2012 calendar year are documented.... Read More

5 pages
2013
Document preview
Implementing the Prison Rape Elimination Act: Toolkit for Jails
National Institute of Corrections (Washington, DC); NIC-12RE05GKJ5.. The Moss Group, Inc. (Washington, DC).
UPDATED 1/24/13: Added missing checklists. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilit... Read More
PDF
1 computer file
2013
Document preview
Implementing the Prison Rape Elimination Act: Toolkit for Jails
National Institute of Corrections (Washington, DC); NIC-12RE05GKJ5.. The Moss Group, Inc. (Washington, DC).
UPDATED 1/24/13: Added missing checklists. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilit... Read More
PDF
1 computer file
2013
Document preview
Six Steps to Improve Your Drug Court Outcomes for Adults with Co-Occurring Disorders
By Steadman, Henry J.; Peters, Roger H.; Carpenter, Christine; Mueser, Kim T.; Jaeger, Norma D.; Gordon, Richard B.; Fisler, Carol; Goss, Stephen; Olson, Eric; Osher, Fred C.; Noether, Chanson D.; Hardin, Carolyn. National Drug Court Institute (NDCI) (Alexandria, VA).
“One of the biggest challenges for drug courts is effectively working with participants with co-occurring disorders. By definition, persons with the dual diagnosis of both substance use disorders and mental illnesses have co-occurring disorders … every adult drug court can achieve positive outcomes for persons with co-occurring disorders—if the court is committed to doing so. With some creativity and thoughtful planning, most persons with co-occurring disorders can successfully participate in d... Read More

28 pages
2013
Document preview
When a Person Isn’t a Data Point: Making Evidence-Based Practice Work
By Lowenkamp, Christopher T.; Holsinger, Alexander M.; Robinson, Charles R.; Cullen, Francis T..
This article presents a critical look at the use of evidence-based practices (EBPs) in corrections. “While we [the authors] agree that the field of corrections has increased the quality of programming and services over the years (i.e., listening to the data points), we argue that the EBP movement in the field of corrections is widespread but exceedingly shallow (failing to see the person) … In an effort to illustrate how we have missed the essence of EBP in corrections, we present the history of... Read More

16 pages
2013
Document preview
When a Person Isn’t a Data Point: Making Evidence-Based Practice Work
By Lowenkamp, Christopher T.; Holsinger, Alexander M.; Robinson, Charles R.; Cullen, Francis T..
This article presents a critical look at the use of evidence-based practices (EBPs) in corrections. “While we [the authors] agree that the field of corrections has increased the quality of programming and services over the years (i.e., listening to the data points), we argue that the EBP movement in the field of corrections is widespread but exceedingly shallow (failing to see the person) … In an effort to illustrate how we have missed the essence of EBP in corrections, we present the history of... Read More

16 pages
2013
Document preview
When a Person Isn’t a Data Point: Making Evidence-Based Practice Work
By Lowenkamp, Christopher T.; Holsinger, Alexander M.; Robinson, Charles R.; Cullen, Francis T..
This article presents a critical look at the use of evidence-based practices (EBPs) in corrections. “While we [the authors] agree that the field of corrections has increased the quality of programming and services over the years (i.e., listening to the data points), we argue that the EBP movement in the field of corrections is widespread but exceedingly shallow (failing to see the person) … In an effort to illustrate how we have missed the essence of EBP in corrections, we present the history of... Read More

16 pages
2013
Document preview
Implementing the Prison Rape Elimination Act: Toolkit for Juvenile Agencies and Facilities
NIC-12RE05GKJ5; National Institute of Corrections (Washington, DC). The Moss Group, Inc. (Washington, DC).
“The goal of this Toolkit is to provide juvenile agencies and facilities of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of residents in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of resident sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, residen... Read More
PDF
1 computer file
2013
Document preview
Cross-gender Searches: A Case Law Survey
By Smith, Brenda V.; Loomis, Melissa C.. National PREA Resource Center (Washington, DC); American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
“Inmates and detainees retain a limited privacy right when detained in correctional settings, particularly in the context of cross-gender searches. Jurisdictions have approached the competing interests of privacy and cross-gender searches quite differently, finding liability for correctional officers, supervisors, and facilities under a variety of circumstances. These decisions are highly fact-sensitive, and the jurisprudence has evolved rapidly. This document provides an overview of cross-gende... Read More

40 pages
2013
Document preview
Sexual Victimization in Juvenile Facilities Reported by Youth, 2012
By Beck, Allen J.; Cantor, David; Hartge, John; Smith, Tim. U.S. Bureau of Justice Statistics (Washington, DC).
“This report provides state- and national-level estimates of juvenile sexual victimization by type of activity, including estimates of youth-on-youth nonconsensual sexual contact, staff sexual misconduct, and level of coercion. It also explores sexual victimization by the characteristics of both the perpetrator and youth at high risk of victimization, location and time of incidents, and nature of the relationship between youth and facility staff prior to sexual contact.” Approximately 9.5% of t... Read More

65 pages
2013
Document preview
Anti-Fraternization Policies and their Utility in Preventing Staff Sexual Abuse in Custody
By Smith, Brenda V.; Loomis, Melissa C.. National PREA Resource Center (Washington, DC); American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC).
“Many custodial facilities have implemented anti-fraternization policies that regulate contact between staff and inmates. These policies either limit, or altogether prohibit, interactions between employees and current or former inmates and their families. Correctional employees who are adversely affected by their agency’s anti-fraternization policies most often challenge these polices under the First Amendment, which guarantees the right to freedom of association. Courts generally uphold the age... Read More

19 pages
2013
Document preview
Sexual Victimization in Prisons and Jails Reported by Inmates, 2011–12
By Beck, Allen J.; Berzofsky, Marcus; Caspar, Rachel; Krebs, Christopher. U.S. Bureau of Justice Statistics (Washington, DC).
This report present statistics regarding the sexual victimization of prison and jail inmates by other inmates or staff. Sections of this publication cover: highlights; National Inmate Survey; incidents of sexual victimizations; facility-level rates; demographic and other characteristics; special inmate populations—inmates ages 16 to 17; special inmate populations—inmates with mental health problems; and special inmate populations—inmates with a non-heterosexual sexual orientation. Some of the ke... Read More

108 pages

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Available Training Opportunities

  • Available Online - Your Role: Responding to Sexual Abuse
    This e-course is designed to enhance correctional professionals’ skills in responding to incidents and allegations of sexual abuse.
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