PREA – Sexual Abuse

WHAT IS SEXUAL ABUSE?
Sexual abuse encompasses sexual abuse of a resident, resident by another resident, staff member, contractor, or volunteer.

Abuse by another resident
Sexual abuse by another inmate includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:

  • Contact between the penis and the vulva or penis and the anus, including penetration, however slight
  • Contact between the mouth and the penis, vulva, or anus;
  • Penetration of the anus or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
  • Any other intentional touching either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person, excluding incidents in which the intent of the sexual contact is solely to harm or debilitate rather than to sexually exploit.

Abuse by Staff Member, Contractor, or Volunteer
Sexual abuse by a staff member, contractor, or volunteer includes any of the following acts with or without consent of the inmate:

  • Contact between the penis and the vulva of the penis and the anus, including penetration, however slight
  • Contact between the mouth and the penis, vulva, or anus
  • Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire.
  • Penetration of the anal or genital opening, however slight, by hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has intent to abuse, arouse, or gratify sexual desire.
  • Any other intentional contact, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttock, that is unrelated to official duties or where the staff member, contractor, or volunteer has intent to abuse, or gratify sexual desire;
  • Any attempt, threat, or request by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks or breast in the presence of an inmate, detainee, or resident; and
  • Voyeurism by a staff member, contractor, or volunteer