American University. Washington College of Law. Project on Addressing Prison Rape (Washington, DC)
“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.
Complex issues surrounding staff sexual misconduct are addressed during this 36-hour training program. Modules comprising this curriculum are: defining staff sexual misconduct with offenders; state laws; staff sexual misconduct -- the nature of one's role and power; policy; action planning; agency culture; management and operational practices; training; investigating allegations of staff sexual misconduct with offenders; human resources; legal considerations; developing a community and media response; and prevention. Also provided is a training agenda and tips for teaching.
"Though many correctional agencies have taken steps to comply with PREA standards and create safer environments for individuals in their care, inmates in custody still face sexual abuse and harassment by staff or other inmates. Staff and inmates still report problems identifying those at risk of sexual abuse, reporting sexual abuse, and holding those responsible for sexual abuse accountable. This publication is a tool for educating inmates about legal and other mechanisms, including the Prison Rape Elimination Act (PREA), that can provide protection and redress from sexual abuse in custodial settings" (p. 5). Sections of this handbook are: introduction; what the Prison Rape Elimination Act (PREA) of 2003 is; the National PREA Standards—protections for inmates; dynamics of sexual abuse in custody—screening and victimization history, continuum of sexual activity in custodial settings, and inmate culture and code; reporting—deciding to report, how to report, and what happens after you report; sexual abuse—care and consequences; special populations—youthful inmates, and gender non-conforming inmates; inmates' rights and the law; and conclusion. The following are appended: glossary; state resources; frequently asked questions; and seeking legal assistance.
“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.
“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.
“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.
"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.
“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.
Wondering how the Prison Rape Elimination Act (PREA) impacts the management of offenders in the community? Then this is the resource for you. This handbook aims to educate community corrections staff on: why community correctional staff and administrators need to be concerned about sexual abuse of offenders; identifying inappropriate relationships with and between offenders; the impact of the National PREA Standards on agency policies, practices and special concerns community correctional staff have in addressing PREA; where reports of sexual abuse may come from and the duties of first responders; what the consequences are for sexual abuse of offenders; and how community correctional staff members can prevent sexual abuse of offenders. “This publication provides guidance for departments and agencies supervising adults on community supervision. Because the National PREA Standards cover juvenile community corrections under the juvenile standards, this publication will focus on adults. However, there are resources developed addressing juveniles under community supervision.”