PREA PRISON RAPE ELIMINATION ACT

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PREAPRISON RAPE ELIMINATION ACT

• OKLAHOMA DEPARTMENT OF CORRECTIONS

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Prison Rape Elimination Act References

• Oklahoma Department of Corrections OP-030601
• 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 agencys 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 offenders 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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OFFENDERS 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-030123 Offender Rights, Privileges and
  Responsibilities

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FACING PRISON RAPE PART 1PLEASE 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. 1111. 7).
  
• Oklahoma Prison Rape Elimination Act OP-030601

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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, 1111.1, 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
  offenders 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 offenders 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 offenders custody or supervision
  status, and in accordance with Oklahoma Statute
  21 O.S. 1111 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 members 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 offenders
  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
  1-2-101), 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, 1-800
  522-3511. All reports shall be documented using
  the Serious Incident Database Report form
  (OP-050108, 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-050109, Attachment A) in accordance with
  OP-050109 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-050108
  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 Generals office,
  PREA Hotline at 405-425-2493 or 1-855-871-4139,
  as well as preareport_at_doc.state.ok.us.

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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 agencys 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 offenders 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 offenders 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
  suspects 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 agents
  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-040117 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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(No Transcript)
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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 405-425-2493 to make
  a report

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PREA Data Collection Activities, 2013U. S.
Department of Justice

• In 201112, 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 200809, and 4.0 in
  201112) was not statistically significant. Among
  jail inmates, the rate of sexual victimization
  was nearly unchanged3.2 in 2007, 3.1 in
  200809, and 3.2 in 201112.
• 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, 2013U. S.
Department of Justice

• From 2007 to 201112, 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 201112, 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 201112. 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, 2013U. 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
  201112. 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 201112. 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
  offenders 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-Ones 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.

46
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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LGBQTILESBIAN-GAY-BISEXUAL-QUESTIONING-TRANSGENDE
R-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
  2009 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.

48
LGBQTILESBIAN-GAY-BISEXUAL-QUESTIONING-TRANSGENDE
R-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

1. Understand Gay and Lesbian People. Learn that
   gay men and lesbians are no different from any
   other group of people.
2. Be open minded, as you would be with any other
   person.
3. Do not assume that a person is sexually attracted
   to you.
4. Be respectful.
5. 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.
6. Realize that friendship with a person who is
   lesbian, gay, bisexual or transgender is no
   different.

50
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.
• Dont overstep any boundaries.
• Dont use the term gay in reference to
  something you dont 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 dont respect the
  LGBQTI community.

51
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

52
INAPROPRIATE STAFF/OFFENDER RELATIONS

• Red Flags
• trying to manipulate duty assignments in favor
  of a particular
  offender
• taking up an offenders 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 offenders family
• bringing things into the facility for the
  offender

53
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

• All allegations will be investigated by the
  Facility or Inspector Generals Office. The
  findings after the investigation will determine
  whether the information will be forward to the
  local District Attorneys Office for prosecution.
  

• 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.

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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 2PLEASE WATCH VIDEO