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Smith, Brenda V.

“Sexual abuse in custody can and often does have lifelong effects on youth. Youth who are sexually abused or experience sexual violence can suffer higher rates of drug use, have disproportionate contact with the criminal justice system into adulthood, become victimizers, and/or have higher rates of mental illness than youth who do not suffer sexual abuse.1 In addition, sexual abuse by staff or other youth in custody compromises safety and security as well as the overall mission of juvenile justice systems—to protect and rehabilitate youth … This handbook aims to educate juvenile justice professionals about the following: Why juvenile justice professionals should be concerned about sexual abuse of youth in custody; How culture and environment contribute to sexual abuse of youth in custody; Tools that will help identify, address, and respond to sexual abuse of youth in custody; How to investigate allegations of sexual abuse of youth in custody; Useful legal tools for prosecuting sexual abuse of youth in custody; [and] Preventive measures for juvenile justice agencies” (p. 1). Sections of this handbook include: introduction; the landscape of juvenile justice agencies; sexual abuse of youth in custody; youth in custody—the role of adolescent development in preventing sexual abuse; culture of youth facilities; identifying inappropriate staff-on-youth and youth-on-youth relationships; medical and mental health care for victims; investigating sexual abuse of youth in custody—duties of a first responder; rights of staff when an allegation of staff sexual misconduct is made; legal liability and sanctions for sexual abuse of youth in custody; preventive strategies; and conclusion.

Addressing Sexual Violence Against Youth in Custody: Youth Workers’ Handbook on Identifying and Addressing Sexual Violence in Juvenile Justice Settings Cover

“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 agency’s anti-fraternization policy against such challenges, and cite the agency’s interest in maintaining a safe and secure facility. This document provides an overview of how courts across various jurisdictions have responded to employees’ challenges to anti-fraternization policies.” Cases are organized according to cases upholding agency anti-fraternization policies or cases not upholding agency anti-fraternization policies by Circuit and its related states.

Anti-Fraternization Policies and their Utility in Preventing Staff Sexual Abuse in Custody Cover

Critical issues related to staff sexual misconduct with offenders are discussed. Sections of this handbook are: introduction; the need to talk about this now; what staff sexual misconduct entails; consequences of staff sexual misconduct; how correctional environments enable sexual misconduct; victimization; communication, gender, and abuse histories; tools for defining and identifying inappropriate relationships with offenders; what happens when an allegation of staff sexual misconduct is made; what are your rights during a staff sexual misconduct investigation; the legal consequences; prevention; and conclusion. Also included is a copy of the "50 State Survey of Criminal Laws Prohibiting the Sexual Abuse of Individuals Under Correctional Supervision."

Breaking the Code Cover

"This webinar focuses on the legal liability of agencies and staff when engaging in cross gender supervision and searches of people in custody." Topics discussed include: important factors for cross gender searches and supervision; the legal framework—Prison Rape Elimination Act (PREA) standards and DOJ guidance, Civil Rights of Institutionalized Persons Act, Prison Litigation Reform Act, Violence Against Women Act amendments, PREA exhaustion of administration remedies, Federal Torts Claims Act, U.S. Constitution claims, state claims, and international legal claims; forms of liability—municipal, official, individual, personal and qualified immunity; case law digest—issues raised by inmates, residents, or detainees—First Amendment, Fourth Amendment , Fourth regarding privacy, visual body cavity searches, pat downs (searches), and the Eighth Amendment; the impact of cross gender supervision and searches on youthful inmates; case law regarding employment—Title VII; women in corrections; men in corrections; gender non-conforming staff in corrections; and conclusions regarding the current state of the law.

Cross Gender Supervision and Legal Liability [Webinar] Cover

“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-gender search cases in both state and federal courts, focusing on what types of conduct most often result in individual and supervisory liability.” Cases are organized into the 11 Circuits (with their corresponding states) and the D.C. Circuit. Citations are listed according to a successful inmate claim or a successful agency defense for female correctional staff/male inmate or male correctional staff/female inmate.

Cross-gender Searches: A Case Law Survey Cover

This is an excellent "series of graphic novels for adult inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. Through presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. These novels were developed with Inmate Education standard 115.33 of the Prison Rape Elimination Act National Standards in mind. These graphic novels are a first step in reaching out to inmates in order to help them identify, address, and respond to incidents of sexual abuse by staff or other inmates". The three books in the series are: "I Reported It" which focuses on gender non-conforming inmates; "Don't Touch Me" for male inmates; and "The Barter" for female inmates.

Ending Silence: Demanding Safety from Sexual Assault Graphic Novel Series Cover

“This publication provides an introduction to mandatory reporting laws, and how these laws can help corrections officials respond to sexual abuse in custodial settings, both offender-on-offender and staff sexual misconduct. The importance of mandatory reporting laws cannot be overstated, given recent scandals involving the abuse of vulnerable populations, including youth. This publication provides insight into the utility of mandatory reporting laws, in light of the enactment of the Prison Rape Elimination Act of 2003 (PREA).” Sections comprising this paper are: introduction; background—the Prison Rape Elimination Act (PREA) of 2003; mandatory reporting and juveniles—who a juvenile is, who the mandatory reporter is, what the standard of proof is, and consequences of failing to report; mandatory reporting and vulnerable persons—who a vulnerable person is, who the mandatory reporter is, what the standard of proof is, and consequences for failing to report; bringing correctional settings in line with state mandatory reporting requirements—reporting procedures, and other issues to consider such as what to report and retaliation; and conclusion.

Legal Responses to Sexual Violence in Custody: Using Existing State Mandatory Reporting Statutes to Improve Disclosure of Sexual Violence in Correctional Settings Cover

"In the first edition of this guide, we aimed to reach out to correctional agencies in order to help them identify, address, and respond to abuse of LGBTI individuals through agency policies and procedures. We hoped to deepen the dialogue between staff and administrators as well as community leaders and criminal justice advocates about strategies to eliminate abuse of LGBTI individuals in custody. The second edition of this guide provides updated key information to correctional agencies about PREA’s impact on agency practice as it relates to LGBTI individuals in custody" (p. 1). This guide is made up of three chapters: introduction and overview—introduction, evolving terminology and definitions, core principles for understanding LGBTI individuals in custody, and emerging data on LGBTI individuals in custodial settings and the challenges they face; LGBTI youth under custodial supervision—the law, PREA standards, other governing principles (state human rights laws and professional codes of ethics), and elements of legally sound and effective policy and practice; and LGBTI adults under custodial supervision—the law, PREA standards, and elements of legally sound and effective policy and practice. Appendixes provide: glossary; case law digest; additional resources; webpages with sample policies; Issues to Watch: The Impact of Non-Custodial LGBTI Developments on Corrections; sample policies; and training matrices.

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, and Intersex Persons in Custodial Settings, 2nd Edition cover

This publication is an excellent graphic novel for male youthful inmates, those under 18 years of age, which provides them vital information about possible exposure to sexual abuse in adult correctional settings. "The novel raises several important issues including: (1) the code of silence among inmates and correctional staff in a facility; (2) beliefs about protective pairing; (3) the experience of gender non-conforming inmates; and (4) and female staff as perpetrators of sexual abuse". It is a prime educational tool developed with the Inmate Education Standard, § 115.33 of the National PREA Standards released on May 17, 2012. A separate set of discussion questions are also available.

Sam Survives [Graphic Novel] Cover

“Under certain circumstances correctional officers and their supervisors can be subject to civil liability for sexual abuse of inmates and detainees under their care. Liability for sexual abuse can attach whether the abuse was perpetrated by a correctional officer, facility employee or volunteer, or by a fellow inmate or detainee. This document provides an overview of sexual abuse cases in both state and federal courts, focusing on what types of conduct most often result in individual and supervisory liability. It does not address other issues that may arise in sexual abuse litigation, such as exhaustion requirements under the Prison Litigation Reform Act, qualified immunity for officers acting in an official capacity, or Eleventh Amendment immunity for states and their employees. Facilities should be mindful that these issues can complicate sexual abuse litigation”. Cases are organized into the 11 Circuits (with their corresponding states) and the D.C. Circuit. Citations are listed according to a successful inmate claim or a successful agency defense for male correctional staff/male inmate, female correctional staff/male inmate, male correctional staff/female inmate, inmate on inmate, juvenile, juvenile—detainee on detainee, juvenile—correctional staff/detainee, or juvenile—male correctional officer/female detainee.

Sexual Abuse in Custody: A Case Law Survey Cover

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