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PREA PRISON RAPE ELIMINATION ACT
OKLAHOMA DEPARTMENT OF CORRECTIONS
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Prison Rape Elimination Act References
Oklahoma Department of Corrections OP Oklahoma Coalition Against Domestic Violence and Sexual Assault U.S. Department of Justice National Institute of Corrections Lorry Schoenly, PhD, RN, CCHP American Probation and parole Association, The International Community Corrections Association and Pretrial Justice Institute National Institute of Corrections/Washington College of Law Project on Addressing Prison Rape, American University Washington College of Law Prepared by Christi Hendrex, Ed Kearns & Valerie Hale June 5, 2013 Reviewed and updated by Christi Hendrex & David McGuire December 2, 2014 2.5 hours training credit Class Room Only
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OBJECTIVES 1. Understand the agency’s zero tolerance for sexual misconduct and retaliation against an offender in any form as a result of reporting an allegation of sexual misconduct. 2. Recognize the physical, behavioral and emotional signs of sexual assault and the dynamics of sexual abuse and sexual harassment in confinement. 3. The offender’s right to be free from sexual abuse and harassment. 4. How to avoid inappropriate relationships with offenders. 5. How to communicate effectively and professionally with lesbian, gay, bisexual, transgender, questioning, intersex, or gender non-conforming offenders. 6. How to detect and respond to signs of threatened and actual sexual abuse. 7. Understand the agency policy and protocols regarding prevention, detection reporting and response when an alleged sexual assault occurs.
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What is PREA? On September 4, 2003, President Bush signed the Prison Rape Elimination Act. Before this act was signed into law, prison rape was largely unreported. If it was reported, prison rape was considered to be a part of incarceration and it was ignored. This attitude and non-action is actually a violation of the 8th Amendment to the Constitution which guards against cruel and unusual punishment. In response to this act, the Oklahoma Department of Corrections developed the procedure entitled “Oklahoma Prison Rape Elimination Act “ which is located in the 03, Facility Operations, section of the Operations Memorandum.
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PRISON RAPE ELIMINATION ACT
The provisions of PREA require all correctional systems to place greater emphasis on the detection, prevention, reduction, punishment, and reporting of incidents of staff on offender and offender on offender rape/sexual assault. However, this course will focus primarily on offender on offender rape/sexual assault. It must also be noted that the Oklahoma Department of Corrections has a long standing “no tolerance” policy concerning staff on offender rape, sexual assault, and other sexual misconduct.
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U.S. SUPREME COURT “Sexual abuse is not part of the penalty that criminal offenders pay for their offenses against society.”
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OP-030123 Offender Rights, Privileges and Responsibilities
OFFENDER’S RIGHTS The right to protection from personal abuse, corporal punishment, personal injury, unhygienic conditions, property damage, and harassment. The responsibility to abide by department and facility rules and regulations and to refrain from creating unhygienic conditions and from damaging property or harassing staff or other offender. OP Offender Rights, Privileges and Responsibilities
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FACING PRISON RAPE PART 1 PLEASE WATCH VIDEO
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ZERO-TOLERANCE POLICY
The Oklahoma Department of Corrections maintains a zero tolerance for offender-on-offender sexual assault, staff sexual misconduct and sexual harassment toward offenders. Every allegation of sexual assault, misconduct and harassment is thoroughly investigated. The prohibited conduct identified in the next few slides applies to all employees, volunteers and contract staff of DOC. Sexual conduct between staff and offenders is strictly prohibited and subject to administrative disciplinary sanctions and referral for prosecution (21 O.S. § ). Oklahoma Prison Rape Elimination Act OP
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INAPPROPRIATE SEXUAL CONDUCT
RAPE Rape is defined as, forced or against that person's will or sexual intercourse or the exploitation or fear or threat of physical violence or bodily injury. Rape and related sex crimes may also be defined by Oklahoma statute and include, but are not necessarily limited to, the elements defined in each crime (21 O. S. § 1111, , 886, 888, 1123).
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INAPPROPRIATE SEXUAL CONDUCT
SEXUAL ABUSE, ASSAULT, RAPE Sexual abuse includes, but is not limited to; sexual intercourse, oral or anal sodomy and sexual acts with instruments. Sexual abuse and/or rape includes, but is not limited to; sexual intercourse, oral or anal sodomy, sexual acts with instruments and sexual assault with an object, or sexual fondling of a person.
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INAPPROPRIATE SEXUAL CONDUCT
Effective November 1, 2000, sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state is defined by law as a felony (21 O.S. § 888). Consensual sexual intercourse with an offender is by its nature an assault and defined by law as rape in the second degree, a felony.
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INAPPROPRIATE SEXUAL CONDUCT
SEXUAL CONTACT/INTIMACY/BATTERY The intentional touching, mauling or feeling, either directly or through clothing, of the genitalia, anus, groin, breast, inner thighs or buttocks of any offender, when such touching is unrelated to the necessary performance of job duties. Conversation or correspondence which may demonstrate or suggest a romantic or intimate relationship exists. Sexual battery committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, county, municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state is defined by law as a felony.
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INAPPROPRIATE SEXUAL CONDUCT
SEXUAL HARASSMENT Sexually offensive comments, gestures or any physical conduct which is of a sexual nature or sexually suggestive. Influencing, promising or threatening an offender’s safety, custody or security level (including recommendations for court actions), privacy, housing, privileges, work detail or program status in exchange for sexual favors. Creating an intimidating, hostile or offensive environment for an offender or others by engaging in or permitting sexually offensive behavior or language that is directed at or observable by offenders or others.
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INAPPROPRIATE SEXUAL CONDUCT
INVASION OF PRIVACY The act of observing, attempting to observe or interfering in an offender’s personal, intimate routines unrelated to the necessary performance of required job duties.
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SEXUAL ASSAULT INVESTIGATIONS
OFFENDER-ON-OFFENDER Non-Consensual Sexual Acts Contact of any offender without his or her consent or of an offender who is unable to consent or refuse; and one or more of the following: contact between the penis and the vagina or the penis and the anus including penetration, however slight; contact between the mouth and the penis, vagina or anus; or penetration of the anal or genital opening of another person by a hand, finger, or other object. Abusive Sexual Contacts Contact of a sexual nature of any offender without his or her consent or of an offender who is unable to consent or refuse. Such acts may include intentional touching, either directly or through clothing of the genitalia, anus, groin, breast, inner thigh or buttocks. This does not include contact in which the intent was to debilitate the offender.
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SEXUAL ASSAULT INVESTIGATIONS
STAFF-ON-OFFENDER Staff Sexual Misconduct Any behavior or act of a sexual nature toward an offender by an employee, consensual or nonconsensual, including, but not limited to: (1) Intentional touching of the genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, arouse, or gratify sexual desire; (2) Kissing; (3) Sexual intercourse; (4) Completed, attempted, threatened, or requested sexual acts; (5) Occurrences of indecent exposure, invasion of privacy; or (6) Staff voyeurism for sexual gratification.
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SEXUAL ASSAULT INVESTIGATIONS
Staff Sexual Harassment Repeated verbal statements or comments of a sexual nature to an offender by an employee, including one or more of the following: demeaning references to gender or derogatory comments about body or clothing or repeated profane or obscene language or gestures. Due to the offender’s custody or supervision status, and in accordance with Oklahoma Statute 21 O.S. § and this procedure, no prohibited act of sexual misconduct or harassment between a staff member and an offender can have as an affirmative defense, a claim of consent.
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RETALIATION OP-030601 defines retaliation as:
The facility shall ensure any offender or staff reporting allegations of sexual abuse or sexual harassment or cooperate in an investigation involving such allegations are protected from retaliation by other offenders or staff. The facility/unit head shall designate staff to monitor retaliation and take appropriate action(s) to include: 1. Employing protective measures, such as housing changes or transfers for offender victims or abusers; 2. Removal of alleged staff or offender abusers from contact with victims; 3. Engaging emotional support services such as mental health services for offenders and the Employee Assistance Program for staff who fear retaliation for reporting sexual abuse or harassment or for cooperating with investigations; and
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RETALIATION 4. For at least 90 days following a report of sexual abuse, a facility designated monitor(s) shall assess the conduct and treatment of the offenders or staff who reported the abuse and of offenders who were reported to have suffered sexual abuse for changes that may suggest possible retaliation by offenders or staff. Findings shall be reported to the facility/unit head who shall act promptly to remedy any such retaliation. The facility monitoring will include: a. Offender discipline or misconducts. b. Housing, program or classification changes. c. Negative job/performance reviews. d. Reassignment of staff. If the offender or staff is transferred during this 90 day period, the facility head of the current facility shall notify the receiving facility head of the continued need for monitoring.
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Facility PREA Coordinator
1. Each facility (minimum security and above) shall assign one staff member as the facility PREA Compliance Manager (PCM) with overall responsibility of coordinating facility efforts to comply with PREA standards. An alternate PCM shall also be designated. 2. Community corrections facilities shall designate an individual to serve as the point of contact for PREA related issues and compliance. 3. The PCM and designated staff at community centers shall make recommendations regarding any treatment, counseling or special housing needed for those offenders identified as predators or victims.
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Opposite Gender Announcements
1. Minimum, medium and maximum facilities shall ensure that at the beginning of each shift an announcement is made in the housing units notifying offenders that staff of the opposite gender will enter or be present on the housing unit during the shift. 2. When the gender of the staff on the housing unit changes to the opposite gender, a notification will be made to offenders announcing the staff member’s presence when entering an offender housing unit. 3. Community corrections facilities shall require staff of the opposite gender to announce their presence when entering an area where offenders are likely to be showering, performing bodily functions, or changing clothing. 4. Facilities will ensure signage indicating opposite gender staffing and the offender’s responsibility to be in a state of dress at all times. 5. An offender shall be able to shower, perform bodily functions and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks.
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Unannounced Rounds Each facility shall ensure written policy and practice of having intermediate level or higher-level supervisors conduct and document unannounced rounds during day and night shifts to identify and deter staff sexual abuse and sexual harassment. 1. These rounds will be documented in shift logs. 2. Staff are prohibited from alerting other staff members that these supervisory rounds are occurring unless such announcement is related to the legitimate operational functions of the facility.
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Reporting Abuse of Offender Under 18
In accordance with state law (Title 10A, Section ), any employee who has reasonable cause to know or to suspect that an offender under the age of eighteen (18) has been subject to physical or sexual abuse or who has observed the offender being subjected to circumstances of physical and sexual abuse shall immediately report or cause to be reported such situation to the Oklahoma Department of Human Services. Such report shall be made using the Child Abuse Hotline, All reports shall be documented using the “Serious Incident Database Report” form (OP , Attachment K-1, K-2 or K-3) and forwarded through the chain of command to the Office of Inspector General.
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Reporting/First Response to Sexual Abuse/Assault or Harassment
All staff, volunteers and contractors shall immediately report to their supervisor or higher authority; (1) any knowledge, suspicion, or other information regarding an incident of sexual abuse, assault or harassment that occurred in a facility/unit or other location, whether or not it is part of the agency; (2) retaliation against offenders or staff who reported such incidents; (3) any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. Staff, volunteers or contractors shall accept reports made verbally, anonymously, in writing and from third parties. Verbal reports shall be documented in an “Incident/Staff Report (OP , Attachment A) in accordance with OP entitled “Reporting of Incidents.” All incidences of sexual abuse/assault or harassment, including third party and anonymous reports, will be reported to the Office of Inspector General in accordance with OP entitled “Use of Force and Reportable Incidents.” Staff may privately report allegations or incidents of sexual abuse/assault or harassment of an offender to the Inspector General’s office, PREA Hotline at or , as well as
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Correctional Officer/First Responder
Separate the alleged victim and abuser; Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence; If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating.
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Non-Security/First Responder
If the first staff responder is not a security staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence, and then notify security staff.
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Providing Support and Protection to the Victim
The first step in responding to a sexual assault is to provide support and protection to the victim and to prevent any further harm or injury. The victim may be in shock and may have suffered injuries during the assault. Assess the situation, remain calm when communicating with the victim, and take immediate steps to ensure his or her safety. It is also important to be familiar with and follow your agency’s policies and procedures to ensure an effective response and investigation. The following steps should be taken to provide support and protection to the victim following a sexual assault: Assess the situation to ensure that it is safe to intervene. Separate the victim and the alleged perpetrator to prevent further harm or injury. Look for any physical injuries the victim may have suffered, and ensure that the victim receives emergency medical attention, if needed. Use supportive, non-judgmental language when communicating with the victim. Inform the victim of your role, including getting only basic information for the investigator, providing immediate protection for the victim, and ensuring that the victim receives medical and mental health assistance.
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Responsibilities of DOC
The supervisor, through his/her chain of command, should ensure the alleged victim and alleged suspect are physically separated, either through the placement of one or both offenders in segregation, through staff transfer or leave options (including suspension), or other effective means. Once separated, designated staff conducts preliminary interviews with offenders regarding offender on offender alleged sexual abuse or harassment. The alleged victim will be immediately taken to medical services for initial evaluation and when any immediate first aid treatment is needed.
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Employee Responsibilities: Response to a Report of a Sexual Assault
Don't Let the Inmate Accidentally Destroy Evidence If an offender reports that he/she has been sexually assaulted, advise the offender not to clean him/herself, brush his/her teeth, wash his/her clothes or do anything else that could destroy evidence of the assault. Time Is Important The sooner the assault is reported, the better the chance that evidence can be obtained to help prove the assault. Involve Medical As Soon As Possible When a sexual assault is reported, have the offender checked by medical services.
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Physical Evidence-Victim
If the facility and the Office of Inspector General concur that the need for a sexual assault medical forensic exam exists, the alleged victim shall not be instructed to undress prior to transport to the hospital emergency room or sexual examination site. The offender’s clothing will be retrieved as evidence at the hospital or exam site by the sexual assault nurse examiner (SANE). The transport staff will ensure the offender is transported with facility clothing for changing into after the examination. However, if the offender is not taken for an off- site exam, at the direction of the Office of Inspector General, staff may be directed to immediately collect the offender’s clothing. In doing so, the offender will be directed to undress over a clean sheet to collect any potential evidence. All will be placed in a paper bag with the appropriate chain of evidence form attached. Forensic evidence collected by the hospital emergency/SANE staff will be collected by Inspector General Agents through appropriate protocol(s).
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Physical Evidence-Offender Suspect
Immediately upon being identified as the alleged suspect who reportedly conducted an assault within 120 hours, the offender will be instructed to undress over a clean sheet to collect any potential forensic evidence that may fall from the person. The sheet, along with the alleged suspect’s clothing, will be collected as evidence and placed in a paper bag with an appropriate chain of evidence form attached. Thereafter, the alleged suspect under investigation will be held in segregation until the investigation is completed, unless other circumstances require transfer. During the course of the investigation, the alleged victim and alleged suspect will remain separated.
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Physical Evidence-Crime Scene
Based upon the amount of time passed since the alleged incident and other factors, a determination will be made to assess whether there is a possibility of the evidence still existing at the crime scene. If determined that a possibility of evidence still exists, and if possible, the crime scene is secured and any potential evidence remains for the agent’s examination. If the crime scene cannot be secured, the crime scene will be photographed and/or video-taped and if any evidence exists, placed in a paper bag with a chain of evidence form attached. If a potential crime scene is established, limited access will be authorized and a log maintained as established in OP entitled “Investigations.”
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Responsibilities of DOC
All offenders received by the Oklahoma Department of Corrections are to receive an Orientation which includes sexual misconduct and retaliation information and a PREA “What you need to know” video. The Orientation should include information which includes the process offenders use to report any incidents.
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Offender Reporting of PREA
Any offender may report acts of sexual assault to any employee, contract employee or volunteer using available methods of communication, including but not limited to: verbal reports, “Request to Staff” and/or sick call entitled “Request for Medical Services” Offenders may: Dial *73 on the Offender phones to make a report. Write IG Office to make a report Have family/Third Party call to make a report
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PREA Data Collection Activities, 2013 U. S. Department of Justice
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. Using the same methodology since 2007, the change in rate of sexual victimization among state and federal prison inmates over the three surveys (4.5% in 2007, 4.4% in 2008–09, and 4.0% in 2011–12) was not statistically significant. Among jail inmates, the rate of sexual victimization was nearly unchanged—3.2% in 2007, 3.1% in 2008– 09, and 3.2% in 2011–12. Among state and federal prison inmates, 2.0% (or an estimated 29,300 prisoners) reported an incident involving another inmate, 2.4% (34,100) reported an incident involving facility staff, and 0.4% (5,500) reported both an incident by another inmate and staff. About 1.6% of jail inmates (11,900) reported an incident with another inmate, 1.8% (13,200) reported an incident with staff, and 0.2% (2,400) reported both an incident by another inmate and staff.
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PREA Data Collection Activities, 2013 U. S. Department of Justice
From 2007 to 2011–12, reports of “willing” sexual activity with staff (excluding touching) declined in prisons and jails, while reports of other types of sexual victimization remained stable. In 2011–12, juvenile inmates ages 16 to 17 held in adult prisons and jails did not have significantly higher rates of sexual victimization than adult inmates: An estimated 1.8% of juveniles ages 16 to 17 held in adult prisons and jails reported being victimized by another inmate, compared to 2.0% of adults in prisons and 1.6% of adults in jails. An estimated 3.2% of juveniles ages 16 to 17 held in adult prisons and jails reported experiencing staff sexual misconduct. Though higher, these rates were not statistically different from the 2.4% of adults in prisons and 1.8% of adults in jails. Inmates with a history of mental health problems reported higher rates of sexual victimization than other inmates in 2011–12. Among inmates who had been told they had a specific disorder as specified in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), an estimated 3.8% of prison inmates and 2.9% of jail inmates reported that they were sexually victimized by another inmate.
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PREA Data Collection Activities, 2013 U. S. Department of Justice
Among state and federal prison inmates, an estimated 6.3% of those identified with serious psychological distress reported that they were sexually victimized by another inmate. In comparison, among prisoners with no indication of mental illness, 0.7% reported being victimized by another inmate. Similar differences were reported by jail inmates with and without mental health problems. An estimated 3.6% of those identified with serious psychological distress reported inmate-on-inmate sexual victimization, compared to 0.7% of inmates with no indication of mental health problems. Inmates who reported their sexual orientation as gay, lesbian, bisexual, or other were among those with the highest rates of sexual victimization in 2011–12. Among non-heterosexual inmates, 12.2% of prisoners and 8.5% of jail inmates reported being sexually victimized by another inmate; 5.4% of prisoners and 4.3% of jail inmates reported being victimized by staff. Eleven male prisons, 1 female prison, and 9 jails were identified as high-rate facilities based on the prevalence of inmate-on-inmate sexual victimization in 2011–12. Eight male prisons, 4 female prisons, and 12 jails were identified as high rate based on the prevalence of staff sexual misconduct. Each of these facilities had a lower bound of the 95%-confidence interval that was at least 55% higher than the average rate among comparable facilities.
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PREA DEFINITIONS PREA-The Prison Rape Elimination Act of 2003, an Act signed into law with the goal of preventing, detecting and responding to sexual abuse occurring in confinement facilities. Sexual Assault Predator-An offender who has been identified and documented in the Offender Management System (OMS) as one who sexually abuses other offenders within the correctional setting. SANE-Acronym for “Sexual Assault Nurse Examiner.” Medical staff specially trained in the examination and collection of forensic evidence pursuant to a sexual assault. Facility PREA Compliance Manager-A staff member designated by the facility/district head at each facility to assist the facility/district head in ensuring elements of the PREA Act is met in a coordinated fashion. Youthful Offender-Any person under the age of 18 who is under adult court supervision and incarcerated or detained in a prison or jail. Voyeurism (by a staff member, contractor, or volunteer)-An invasion of privacy of an offender, detainee, or resident by staff for reasons unrelated to official duties, such as: peering at an offender who is using a toilet in his or her cell to perform bodily functions; requiring an offender to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an offender’s naked body or of an offender performing bodily functions.
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PREA DEFINITIONS LGBQTI-Acronym for a group of sexual minorities including: lesbian, gay, bisexual, transgender, questioning and intersex individuals. Lesbian-Commonly refers to women typically sexually attracted to other women. Gay-Commonly refers to men typically sexually attracted to other men. Bisexual-A person who is romantically or sexually attracted to more than one gender or sexual category. Transgender-A person whose gender identity differs from their birth sex. Intersex-A condition in which a person is born with external genitalia, internal reproductive organs, chromosome patterns, and /or an endocrine system that does not fit typical definitions of male or female. Questioning-Active process in which a person explores her or his own sexual orientation and/or gender identity and questions the cultural assumptions that they are heterosexual and/or gender conforming.
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PREA DEFINITIONS Sex-One’s anatomical make-up, including external genitalia, chromosomes, and reproductive system. Substantiated Allegations-An allegation that was investigated and determined to have occurred. Unsubstantiated Allegation-An allegation that was investigated and the investigation produced insufficient evidence as to whether or not the event occurred. Unfounded Allegations-An allegation that was investigated and determined not to have occurred.
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Rape/Sexual Assault Committed by Male Offenders:
Research clearly reflects that sexual assault is an under-reported crime, particularly by male inmates. The reasons for this, according to the research, include the shame associated with being sexually assaulted, fear that other inmates will find out about the sexual assault, which will make the victim more likely to be attacked again, and fear of retaliation by the attackers friends.
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Rape/Sexual Assault Committed by Female Offenders:
Most research regarding inmate on inmate sexual assault has focused on male inmates at risk from other male inmates. However, staff and female inmates do report that female inmates can and do sexually assault one another. It is reported that physical force may be used but more often the aggressor will use intimidation and emotional abuse to coerce another inmate into a sexual relationship. As with male inmates, it is reported the stronger women will seek out female inmates that appear weaker- physically and/or emotionally. Violence among women in prisons is frequently similar to domestic violence situations.
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INDICATORS OF SEXUAL VIOLENCE
KEY POINTS Sexual assault can have many physical, behavioral and emotional consequences and manifestations for victims. Many victims will never seek or receive services to help them heal from the trauma of the assault. Unless excessive physical force is used, most victims will not have visible physical injuries from the sexual assault. Coercion, intimidation and the threat of force all can be contributing factors to why excessive force is not used in many assaults. The absence of physical evidence in no way correlates with the level of fear that victims may have experienced during the assault. The most common physical signs of a sexual assault include bruising (on the inner thighs or on the arms where the offender restrained the victim) and trauma to the genital area. Some physical signs are obvious, such as bleeding, and might require medical attention. Other physical indicators, such as pregnancy or a sexually transmitted infection, may be detected days or even weeks after the assault.
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INDICATORS OF SEXUAL VIOLENCE
KEY POINTS cont. Sexual victimization can result in short-term or long-term behavioral changes and coping responses. These include self- harming behaviors (drug use, a suicide attempt, etc.): changes in social interactions and behaviors (withdrawal, etc.): and changes in individual behaviors (sleep disturbances, shifts in eating patterns, bed-wetting, etc.). Neither the presence nor absence of any of these behaviors confirms that sexual assaults did-or did not-occur. If you see an offender with indicators of sexual violence go into your steps of reporting it immediately.
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LGBQTI LESBIAN-GAY-BISEXUAL-QUESTIONING-TRANSGENDER-INTERSEX
Surveys conducted by the Bureau of Justice Statistics indicate that non-heterosexual adult offenders report higher rates of sexual victimization while in custody. Similarly, a research report cited findings that transgender offenders experienced sexual victimization at a rate thirteen times higher than a random sampling of offenders in the same facility. Such evidence indicates that LGBQTI offenders are at increased risk for sexual victimization while in custody, and agencies that ignore this may be placing themselves at risk for litigation.
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LGBQTI LESBIAN-GAY-BISEXUAL-QUESTIONING-TRANSGENDER-INTERSEX
Changes in federal and state legislation, court decisions, settlement agreements and the proposed standards under the Prison Rape Elimination Act (PREA) are all factors for consideration in the management of LGBQTI offenders in correctional settings. For example, the proposed PREA standards contain requirements for agencies to conduct staff training on effective and respectful communication with LGBQTI offenders and to enhance sexual abuse prevention measures that specifically address this population.
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HOW TO TALK TO LGBQTI Understand Gay and Lesbian People. Learn that gay men and lesbians are no different from any other group of people. Be open minded, as you would be with any other person. Do not assume that a person is sexually attracted to you. Be respectful. Be aware that it took a lot of courage for someone to tell you that he or she is lesbian, gay, bisexual or transgender and that it is a gift of honesty and trust. Realize that friendship with a person who is lesbian, gay, bisexual or transgender is no different.
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HOW TO TALK TO LGBQTI WARNINGS
Just as it would be inappropriate for a person to impose his or her view upon you, be careful that the expression of your view, whether religious or not, does not make a person feel that they are evil or untouchable. If you truly want to understand people, you will need to approach them with an open mind. Don’t overstep any boundaries. Don’t use the term “gay” in reference to something you don’t like or disagree with. Examine your motive for wanting to talk to the gay person. Hostility will most often be met with hostility. Simply try to open a dialogue rather than lecturing based on your past knowledge or experience. Opening yourself to a person and truly making yourself will to hear him or her can go a long way towards real understanding between both of you. Using derogatory slang is – at the very least – thoughtlessly using language that shows to other people that you don’t respect the LGBQTI community.
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INAPROPRIATE STAFF/OFFENDER RELATIONS
Red Flags Addressing staff sexual misconduct is important both individually and within an agency. While you may not be in danger of committing such an offense, one of your co-workers may be. Therefore it is very important to pay close attention to your colleagues’ behavior as well as your own. deviating from agency policy for the benefit of a particular offender changes in the appearance of an offender or staff member overlooking infractions of a particular offender spending a lot of time with a particular offender
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INAPROPRIATE STAFF/OFFENDER RELATIONS
Red Flags trying to manipulate duty assignments in favor of a particular offender taking up an offender’s cause or grievance doing favors for an offender getting into conflicts with co-workers over an offender withdrawing from co-workers consistently volunteering for a particular assignment or shift consistent overtime coming to work early staying at work late flirting with an offender feeling the effects of major life changes (such as the end of a relationship) less rigid body language or standing unusually close to an offender doing favors for an offender’s family bringing things into the facility for the offender
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INAPROPRIATE STAFF/OFFENDER RELATIONS
Becoming involved with an offender is dangerous. Dangerous to you, your co-workers and the security of the facility. Most Employees do not start their career with the expectations of becoming involved in a relationship with an offender. It happens by not paying attention to the warning signs or (red flags). These offenders are very manipulative and we are in there presence when we walk through that gate.
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Interference with Official Process
ANY FAILURE BY AN EMPLOYEE TO REPORT AN INCIDENT OF SEXUAL MISCONDUCT OR FAILURE TO COOPERATE WITH AN INVESTIGATION OR INQUIRY WILL RESULT IN DISCIPLINARY ACTION. All allegations will be investigated by the Facility or Inspector General’s Office. The findings after the investigation will determine whether the information will be forward to the local District Attorney’s Office for prosecution.
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Confidentiality All documents associated with claims of sexual assault, including incident reports, investigative reports, offender information, case disposition, medical and mental health evaluation findings and recommendations for post release treatment and/or counseling are confidential and retained by DOC. All investigative files are considered confidential information. Copies of the investigative file will be maintained by the Office of Inspector General.
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FACING PRISON RAPE PART 2 PLEASE WATCH VIDEO
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