Staff sexual misconduct
“These documents comprise the instrument that auditors will use to audit the U.S. Department of Justice's PREA Standards for Lockups.” Elements comprising this instrument are: “Pre-Audit Questionnaire”; “Auditor Compliance Tool” used to determine PREA compliance; “Instructions for PREA Audit Tour” of the facility; “Interview Protocols” for agency head or designee, facility director or designee, PREA Coordinator, specialized staff, random staff, and detainees: “Auditor Summary Report” template; “Process Map” describing the audit process from start to finish; and “Checklist of Documentation”.
"During 2013 and the first 4 months of 2014, BJS issued four reports: In May 2013, BJS published estimates of sexual victimization based on reports by inmates in adult prisons and jails; in June 2013, BJS published estimates of sexual victimization based on reports of youth held in juvenile facilities; and in January 2014, BJS issued two reports analyzing administrative records of sexual victimization in adult correctional facilities based on the Survey of Sexual Violence (SSV). In addition, BJS began further analysis of the past inmate self-report surveys to provide a fuller understanding of facility- and individual-level predictors of sexual victimization." Some of the highlights from these reports are: the number of allegations has risen since 2005, largely due to increases in prisons, where allegations increased from 4,791 allegations to 6,660 in 2011 (up 39%); 52% of substantiated incidents of sexual victimization in 2011 involved only inmates, while 48% of substantiated incidents involved staff with inmates; and among the estimated 1,390 youth who reported victimization by staff, 89.1% were males reporting sexual activity with female staff, and 3.0% were males reporting sexual activity with both male and female staff.
"The report summarizes BJS's efforts during 2014 and the first 5 months of 2015, which included analyzing administrative records of sexual victimization in adult correctional facilities based on the Survey of Sexual Violence (SSV), implementing changes to the SSV and completing data collection, and, for the first time, providing estimates of the rates of sexual victimization among transgender inmates" … Some of the highlights from this profile include: administrators of adult correctional facilities reported 8,763 allegations of sexual victimization in 2011, a statistically significant increase over the 8,404 allegations reported in 2010 and 7,855 in 2009; the number of allegations has risen since 2005, largely due to increases in prisons, where allegations increased from 4,791 allegations to 6,660 in 2011 (up 39%); about 52% of substantiated incidents of sexual victimization in 2011 involved only inmates, while 48% of substantiated incidents involved staff with inmates; among the estimated 1,390 youth who reported victimization by staff, 89.1% were males reporting sexual activity with female staff, and 3.0% were males reporting sexual activity with both male and female staff. In comparison, males comprised 91% of adjudicated youth in the survey, and female staff accounted for 44% of staff in the sampled facilities; and in 2011–12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months.
This document is an excellent introduction for youth about the prevention of sexual abuse while they are incarcerated. "The Kansas Juvenile Justice Authority (JJA) is committed to your safety and the safety of staff. You have the right to serve your sentence with dignity and free from sexual abuse, sexual harassment, and retaliation. The JJA has zero tolerance regarding sexual abuse and sexual harassment within its facilities. This means we DO NOT tolerate any level of sexual harassment, misconduct, or assault in the facilities. EVERY effort will be made to prevent sexual abuse and harassment from occurring, EVERY allegation will be investigated, EVERY perpetrator punished, and EVERY victim offered services" (p. 1). Sections cover: what sexual abuse is; prevention; reporting and investigations; what to expect during an investigation; and some final thoughts on zero tolerance and safety.
This resource is a must have for your agency! “The core goal of PREA: What You Need to Know is to teach inmates about their right to be free from sexual abuse and sexual harassment. The video gives an overview of corrections policies to prevent and respond to this abuse, covering how inmates can safely report abuse, the types of victim services available to inmates following an incident of sexual abuse, and what it means for a facility to have a “zero-tolerance” policy. Corrections agencies can use this video to implement the inmate education provision in the national Prison Rape Elimination Act (PREA) standards (§ 115.33, Inmate education; § 115.132, Detainee, contractor, and inmate worker notification of the agency's zero-tolerance policy). The video contains general information that is relevant to all types of prisons, jails, and lockups” (p. 1). [NOTE: Closed Captions (CC) only work using QuickTime Player.] The Inmate Education Facilitator’s Guide to this video provides advice on how to present this video in the most effective manner to the offenders under your custody, and create inmate education materials specific to your agency and correctional facility. Topics discussed include: the importance of inmate education; the PREA standards; intake education; documenting inmate participation in education programs; ongoing inmate education; accessibility of information; and other options for customizing your video inmate education program. Appendixes provide: a glossary containing definitions to key terms; and a transcript of the video. You can find a link to the English version with English subtitles at http://media.wcl.american.edu/Mediasite/Play/28358cf4a99c4fa69227e013c52a2a5f1d, and the Spanish Version with Spanish subtitles at http://media.wcl.american.edu/Mediasite/Play/d6d8ed64fed141b6b8cccc5229a3abf51d.
“A prison or jail sentence should never include sexual assault. On May 17, 2012, the Department of Justice released the final federal regulations implementing the Prison Rape Elimination Act (PREA). These regulations apply to federal, state and local correctional facilities and lock-ups and include key protections for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) individuals. Despite— or likely because of—the decade-long process leading up to the passage of the final regulations, much confusion remains about how PREA’s protections can be leveraged to protect LGBTI individuals from sexual assault. This four-part toolkit is designed for advocates both in and outside of correctional settings to use PREA’s requirements to end the abuse of LGBTI individuals. As federal, state and local agencies reassess their policies and practices to come into compliance with PREA, there will be key opportunities to make important policy changes that will impact all individuals in confinement settings.” (p. ii). Part One “Advocacy Guide”—sections addressing documenting violations, policy and legislative change, and key LGBTI issues to monitor in custodial settings. Part Two “Overview”—sections covering what PREA is, whether LGBTI individuals are particularly vulnerable in prison, jail and juvenile detention, whether the PREA regulations include protections for LGBTI individuals, and how facilities should protect LGBTI individuals from abuse. Part Three “Know Your Rights” sections explaining what PREA is, PREA regulations apply to all the prisons and jails, how PREA protects LGBTI individuals, and what one can do if the facility holding them is not following PREA. Part Four “Regulations” containing the full text of key LGBTI provisions.
"This Report presents the findings of the Review Panel on Prison Rape (Panel), along with its recommendations, that are the result of its 2014 hearings in Washington, District of Columbia, based on two national surveys of correctional facilities by the Bureau of Justice Statistics (BJS): Sexual Victimization in Prisons and Jails Reported by Inmates, 2011-12 (May 2013) and Sexual Victimization in Juvenile Facilities Reported by Youth, 2012 (June 2013) … Consistent with the Panel’s prior reports, the Panel identified institutional practices that either prevent the sexual victimization of inmates and juveniles or place them at risk. To assist the reader in quickly comparing the factors associated with high- and low-incidence prisons, jails, and juvenile correctional facilities, the Panel prepared three tables that summarize this information" (p. v-vi).
"Safe sex is generally defined as a set of practices designed to reduce the risk of transmitting or acquiring sexually transmitted diseases (STDs). However, in a jail setting, the definition of safe sex is expanded. Insofar as a jail officer is concerned, “safe sex” is translated “no sex.” Unfortunately, there are too many instances of jail officers being involved sexually with inmates. The outcome is never good, often resulting in health, family and legal consequences for the offending officer" (p. 1). This is an excellent article describing the legal consequences arising from a correctional officer having sex with an inmate. Sections cover: a national problem; recognizing the problem; legal issues; consequences of sexual misconduct; preventing sexual misconduct; the supervisor's responsibility; what to expect if there is litigation; and the bottom line—no sex in jail.
“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 the youth surveyed were sexually victimized one or more times-- 2.5% involving another youth, 7.7% involving facility staff.
This report presents “counts of nonconsensual sexual acts, abusive sexual contacts, staff sexual misconduct, and staff sexual harassment reported to correctional authorities in adult prisons, jails, and other adult correctional facilities in 2009, 2010, and 2011. An in-depth examination of substantiated incidents is also presented, covering the number and characteristics of victims and perpetrators, location, time of day, nature of the injuries, impact on the victims, and sanctions imposed on the perpetrators … Correctional administrators reported 8,763 allegations of sexual victimization in prisons, jails, and other adult correctional facilities in 2011, a statistically significant increase over the number of allegations reported in 2009 (7,855) and 2010 (8,404) … About half of all allegations (51%) involved nonconsensual sexual acts (the most serious, including penetration) or abusive sexual contacts (less serious, including unwanted touching, grabbing, and groping) of inmates with other inmates. Nearly half (49%) involved staff sexual misconduct (any sexual act directed toward an inmate by staff) or sexual harassment (demeaning verbal statements of a sexual nature) directed toward inmates.”