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AN END TOT SIILENCCE:Inmaates’ Handbook onIddentiffying andaAAddressinggSexual Abuse3rd EditioonSeeptemmber 2014Thee Projecct on Adddressinng Prisoon RapeeAmericaAan Univversity WashingWgton Coollege off Law4801 Massacchusettss Ave, NNWWashingtton, DC p://wwww.wcl.ammericann.edu/enndsilencceNotice of Federal Fundding and Fedeeral Disclaimeer: This projecct was supporttedby Grant No.N 2010-RP-BXX-K001 awardeed by the Bureeau of Justice AAssistance. TheeBureau of JusticeJAssistance is a compoonent of the Offfice of Justice Programs, whhichalso includes the Bureau of Justice Stattistics, the National Institute of Justice, theeOffice of Juuvenile Justice and Delinquenncy Prevention, the Office forr Victims of Criime,and the Offfice of Sex Offfender Sentenccing, Monitoringg, Apprehendinng, Registeringg,and Tracking. Points of view or opinions in this documment are thosee of the author anddo not necessarily repressent the official position or poolicies of the U .S. Departmennt ofJustice.
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionThe Project on Addressing Prison RapeAmerican University Washington College of Law4801 Massachusetts Ave, NWWashington, DC lenceProfessor Brenda V. SmithProfessor of Law and DirectorJaime M. Yarussi, M.S.Assistant DirectorCaleb J. Bess, B.A.Program Coordinator2
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionCopyright 2014American University Washington College of LawAll rights reserved. The Bureau of Justice Assistance retains a license to reproduce,publish, or otherwise use, and to allow others to use, this material for federalpurposes. Otherwise, no part of this publication may be produced or transmitted inany form or by any means, electronic or mechanical, including photocopy,recording, or any information storage or retrieval system, without permission inwriting from the Project on Addressing Prison Rape.Requests for permission to make copies of any part of this publication can be madeto:The Project on Addressing Prison RapeAmerican University Washington College of Law4801 Massachusetts Ave, NWWashington, DC 20016202-274-4385endsilence@wcl.american.edu3
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionAcknowledgementsAN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing SexualAbuse is the end product of work by many organizations and individuals concernedabout preventing and addressing sexual abuse of inmates in custodial settings. Wethank the many contributors and reviewers who provide comments.AN END TO SILENCE: Inmate’s Handbook on Identifying and Addressing SexualAbuse discusses rapidly developing areas of law and practice in the United States.The information in this publication is current as of July 2014.The Project on Addressing Prison Rape extends special thanks toRebecca Heinsen, J.D., Tonya Davis, J.D and Jordyn Coad for their assistance inproviding research support on this publication. We thank the National PREAResource Center and the Bureau of Justice Assistance for their support for thispublication4
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionForewordSince the publication of the first and second editions of An End to Silence in 19981and 2002,2 there have been significant advances in addressing sexual abuse andharassment in custodial settings. In 2003, Congress enacted The Prison RapeElimination Act (PREA) with the purpose of preventing, addressing and punishingsexual abuse in custodial settings. On May 17, 2012, after nine years of datacollection and review, the United States Department of Justice (DOJ) issued nationalstandards for preventing, detecting and responding to sexual abuse of people inprisons, jails, juvenile detention, community residential facilities and lockups.These standards offer protections for inmates in federal, state and countyfacilities—public or private—across the country. At the same time, the President ofthe United States called upon other agencies that hold individuals in custody suchas the Department of Health and Human Services, the Department of HomelandSecurity, the Bureau of Indian Affairs, and the military to develop standards toprotect individuals in custody from sexual abuse. Until they develop their ownstandards, those agencies are to abide by the PREA standards promulgated by theDOJ. Recently the Department of Homeland Security announced that all of theservice branches would follow the PREA standards without developing separatestandards.3Though many correctional agencies have taken steps to comply with PREAstandards and create safer environments for individuals in their care, inmates incustody still face sexual abuse and harassment by staff or other inmates. Staff andinmates still report problems identifying those at risk of sexual abuse, reportingsexual 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 andredress from sexual abuse in custodial settings.5
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionTable of ContentsIntroductionWhat is the Prison Rape Elimination Act (PREA) of 2003?PREA PurposesFindingsThe National PREA Standards: Protections for InmatesDynamics of Sexual Abuse in CustodyScreening and Victimization HistoryContinuum of Sexual Activity in Custodial SettingsInmate Culture and CodeReportingFirst Step: Deciding to ReportStep 2: How to ReportStep 3: What Happens After You ReportSexual Abuse: Care and ConsequencesSpecial PopulationsYouthful InmatesGender Non-Conforming Inmates Inmates’ Rights and the LawConclusionAppendixGlossaryResources in Your StatePageContact Information: States’ Attorneys General, State Departments ofCorrections PREA Coordinators and State Sexual Assault CoalitionsContact Information: Legal Services and Oversight AgenciesFrequently Asked QuestionsSeeking Legal AssistancePublications and Additional Resources78121520273134384043687071 Throughout this handbook we use the term gender non-conforming to cover individualswho identify as lesbian, gay, bisexual, transgender or intersex (LGBTI) and those who areperceived to be LGBTI, as individuals perceived to be LGBTI in custodial settings are also atrisk for sexual abuse, harassment and victimization.6
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionIntroductionSexual abuse in custody compromises the safety and security of inmates, staff andthe community at large. While you may never experience sexual abuse during yourtime in custody, it is important that you understand how sexual abuse can arise andhow it can affect you.Sexual abuse of inmates—by either inmates or staff—should be an open, ongoing discussion with inmates,staff, volunteers, contractors and facility administrators.Sexual abuse has legal consequences, as well as long-lasting emotional, economicand mental and physical health effects for inmates.This handbook provides information on the following subjects:“To advance the goals ofPREA, we must ensure thatall agencies that operateconfinement facilities adopthigh standards to prevent,detect and respond tosexual abuse. In additionto adopting suchstandards, the success ofPREA in combating sexualabuse in confinementfacilities will depend oneffective agency andfacility leadership and thedevelopment of an agencyculture that prioritizesefforts to combat sexualabuse.” The Prison Rape Elimination Act of 2003 (PREA)and the National PREA Standards. Sexual abuse in custody by staff and otherinmates. Dynamics of sexual abuse in custody. Reporting and factors affecting inmates’decisions to report. Investigations. Medical and mental health needs of inmates whoare victims of sexual abuse. Inmates’ rights under the Prison RapeElimination Act and the National PREA Standards. Resources for seeking help or interventions afterincidents of sexual abuse or harassment.Presidential Memorandum— Implementing the PrisonRape Elimination ActMay 17, 20127
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionWhat is the Prison RapeElimination Act (PREA) of 2003?Key PREA milestonesinclude:In September 2003, the United StatesCongress unanimously passed the Prison RapeElimination Act (PREA). PREA is theculmination of a collaborative effort betweenhuman rights, faith-based and prison rapeadvocacy groups to create a zero tolerancestance on prison rape. Although PREA passedover ten years ago, prison rape is still aproblem for adults and youth in facilities acrossthe country. Due to the prevalence of sexualabuse in custody, it is important for you toknow what PREA is and the rights it affordsyou while in custody.2003: PREA legislation passes.PREA PurposesPREA applies to all federal confinementfacilities, whether the government or a privateorganization on behalf of the government runsthem. PREA has the following purposes: Increase accountability of officials whofail to detect, prevent, reduce andpunish sexual abuse by staff and otherinmates in prisons, jails, lockups,juvenile and community residentialfacilities.Protect the Eighth Amendment rights offederal, state and local inmates.Establish zero tolerance for sexual abusein custody.Make prevention of sexual abuse a toppriority.Develop national standards to prevent,detect and respond to sexual abuse incustody.Increase available data and informationon incidence of sexual abuse in custodyand standardize definitions used forcollecting that data.2004-2009: Informationgathering and hearings held bythe National Prison RapeElimination Commission(NPREC).June 2009: Findings andrecommended standardspublished by NPREC.May 17, 2012: Final nationalPREA standards released by theUnited States Department ofJustice (DOJ).August 20, 2012: Standardsapplicable to the federal Bureauof Prisons (BOP).August 20, 2013: Beginningof first three-year audit cycle.March 7, 2014: The UnitedStates Department of HomelandSecurity (DHS) finalizes PrisonRape Elimination Standards forDHS confinement facilities.May 15, 2014: Firstcompliance certification duefrom state governors.May 28, 2014: First list ofPREA compliant states publishedby DOJ.8
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionFindingsAlthough PREA passed over ten years ago, sexual abuse in custody—by both staffand inmates, is still a large problem. In passing PREA, Congress acknowledged thefollowing:“Insufficient research has been conducted and insufficient data reported on theextent of prison rape. However, experts have conservatively estimated that at least13 percent of the inmates in the United States have been sexually assaulted inprison The total number of inmates who have been sexually assaulted in the past 20years likely exceeds 1,000,000.”4Through acknowledging the lack of research surrounding prison rape, PREA calledfor the collection of statistics, data and research by the Bureau of Justice Statistics(BJS).Beginning in 2004, BJS collected data from correctional administrators and inmatesto better understand the frequency of sexual abuse, the common perpetrators, themost vulnerable inmate demographics and plausible responses from correctionalauthorities.Sexual Victimization in Prisons and Jails Reported byInmates, 2011-125The rate of sexualvictimization among stateand federal prison inmateswas 4.0%.The rate of sexualvictimization was 3.2%among jail inmates.In 2011-12, an estimated 4.0% of state and federalprison inmates and 3.2% of jail inmates reportedexperiencing one or more incidents of sexualvictimization by another inmate or facility staff in thepast 12 months or since admission to the facility, if lessthan 12 months.Inmates with serious psychological distress reportedhigh rates of inmate-on-inmate and staff sexualvictimization.Inmates who reported their sexual orientation as gay, lesbian, bisexual, or otherwere among those with the highest rates of sexual victimization.Sexual Victimization Reported by Adult Correctional Authorities, 2009-116 In 2011-12, correctional administrators reported 8,763 allegations of sexualvictimization in prisons, jails and other adult correctional facilities.o 51% involved allegations of non-consensual sexual acts or abusivesexual contacts of inmates with other inmates.o 49% involved staff sexual misconduct or sexual harassment directedtowards inmates.9
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd Edition About 10% of the allegations (902) were substantiated based on follow upinvestigation.Sexual Victimization Reported by Former State Prisoners, 20087 9.6% of former state prisoners reported one or more incidents of sexualvictimization during the most recent period of incarceration in jail, prison or apost-release community-treatment facility.Former Sussex prison guard pleads guilty to sex chargesMay 11, 2014James FisherThe News JournalA former guard at Sussex Correctional Institution, Christopher S. Peck,pleaded guilty April 30 to six counts of having sex inside the s-guilty-to-sex-chargesThe National Prison Rape Elimination Commission (NPREC)In June 2009, the National Prison Rape Elimination Commission (NPREC) publisheda formal report of findings pursuant to its research on sexual abuse of individuals incustody.8 NPREC found that: Protecting inmates from sexual abuse remains a challenge to correctionalfacilities across the country.Sexual abuse is not an inevitable feature of incarceration—leadershipmatters.Certain individuals are more at risk of sexual abuse than others.Few correctional facilities are subject to the kind of rigorous internalmonitoring and external oversight that would reveal why sexual abuse occursand how to prevent it.Many victims cannot safely and easily report sexual abuse and those whospeak out often do so to no avail.Victims are unlikely to receive the treatment and support known to minimizethe trauma of abuse.Juveniles in confinement are much more likely than incarcerated adults to besexually abused and they are particularly at risk when confined with adultsIndividuals under correctional supervision in the community are at risk forsexual abuse.A large and growing number of detained immigrants are in danger of sexual10
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd Editionabuse.Many of NPREC’s findings were validated by later data collections from BJS andincluded as important factors in the final national PREA standards.11
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd EditionThe National PREA Standards: Protections for InmatesThe PREA Standards provide the followingprotections for all inmates. These standardsare mandatory for federal operated orcontracted facilities. While not mandatory forstates and local entities, failure to comply withthe standards could result in financialpenalties.The standards require the following:Presidential Memorandum -Implementing the Prison RapeElimination ActMay 17, 2012Sexual violence, against anyvictim, is an assault on humandignity and an affront to Americanvalues. The Prison RapeElimination Act of 2003 (PREA) wasenacted with bipartisan supportand established a "zero tolerancestandard" for rape in prisons in theUnited States. 42 ng-prisonrape-elimination-act The right to be free from sexual abusein custodial settings (prisons, jails,lockups and community residentialfacilities—public or private).9 Prohibitions on searches (strip or visualcavity) by staff of the opposite genderexcept in exigent circumstances.Additionally, for female inmates, patsearches by male staff are prohibitedexcept in exigent circumstances.10 Facilities must provide inmates withPREA training during intake and within 30 days11 of incarceration. Thefollowing should be covered during that training:ooooThe agency’s zero-tolerance policy regarding sexual abuse and sexualharassment;How to report incidents or suspicions of sexual abuse or sexualharassment;The right to be free from sexual abuse, sexual harassment, retaliation;Procedures for responding to such incidents. Facilities must provide information about sexual abuse to inmates in a formatthat they understand. Language or disability should not prevent inmatesfrom receiving the proper PREA education. (i.e., PREA education should bemade available, if necessary, in a language other than English, by signing, orin braille, etc.).12 Facilities must take all allegations seriously and investigate them, bothadministratively and criminally. These investigations include having potentialvictims and perpetrators undergo forensic medical exams to gather physicalevidence. Victims should also be offered services from local rape crisis12
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd Editioncenters where available.13 Vulnerability assessments to assessinmate’s risk of victimization while inthe facility. This assessment shouldtake into account an inmate’s ownperception of risk and should be usedto make housing and programmingdeterminations while in the facility.14Santa Rosa County Sheriff’sOffice Detention FacilityBecomes First in Florida andSecond in USA for PREAComplianceMarch 5, 2014Santa Rosa’s Press GazetteThe Santa Rosa County Sheriff’sOffice Detention Facility justcompleted a lengthy process ofimplementing a new NationalStandard, and completed it withsuccess. This is the firstincarceration facility in the Stateof Florida and only the second inthe United States to receive sa-for-1.286746 Prohibitions on the use of protectivecustody as housing for vulnerableinmates unless it is the only way toprovide safety from abusers. An inmate’s stay in segregated housingshould only be for a short period oftime until a more suitable housingoption is open. Inmates placed insegregated housing for safety orprotection, should have access to allprogramming, education and visitationas if they were housed in generalpopulation.15 Access to multiple reportingmechanisms in the facility (writtengrievances, oral reporting, hotlines,etc.) as well as one external reportingmechanism in order to be able toreport abuse to someone outside of the authority of the facility. Inmates can have a third party (another inmate, a family member, etc.)report an incident of sexual abuse. There is no time limit on when inmates can report sexual abuse allegations.16 Access to outside confidential support services for emotional support relatedto sexual abuse. These communications should occur in as confidential amanner as possible. If they are not confidential, facilities should informinmates. Facilities should provide mailing addresses and telephone numbers, includingtoll-free hotline numbers where available for outside confidential supportservices.13
AN END TO SILENCE: Inmates’ Handbook on Identifying and Addressing Sexual Abuse3rd Edition Protection from retaliation by staff and other inmates.17 Agencies must provide inmates with the outcomes of allegations reported tothem—whether the allegation has been determined to be substantiated,unsubstantiated or unfounded.18 Administratively and criminally discipline staff and other inmates who commitsexual abuse.19 Inmates shall receive medical and mental health care immediately followingtheir report of an allegation of abuse as wel
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Alex’s parents had been killed shortly after he was born and he had been brought up by his father’s brother, Ian Rider. Earlier this year, Ian Rider had died too, supposedly in a car accident. It had been the shock of Alex’s life to discover that his uncle was actually a spy and had been killed on a mission in Cornwall. That was when MI6 had
