Ҩ The Prison Rape Elimination Act of 2003 (PREA) is the first United States federal law passed dealing with the sexual assault of prisoners. The bill was signed into law on September 4, 2003.

Ҩ Public awareness of prison rape is relatively recent. Estimate of the prevalence of prison rape vary widely. In 1974 Carl Weiss and David James Friar wrote that 46 million Americans would one day be incarcerated; of that number, they claimed, 10 million would be raped. A 1992 estimate from the Federal Bureau of Prisons conjectured that between 9 and 20 percent of inmates had been sexually assaulted. Studies in 1982 and 1996 both concluded that the rate was somewhere between 12 and 14 percent. A 1986 study by Daniel Lockwood put the number at around 23 percent for maximum security prisons in New York. In contrast, Christine Saum's 1994 survey of 101 inmates showed 5 had been sexually assaulted.

Ҩ In 2001 Human Rights Watch released a paper, titled "No Escape: Male Rape in U.S. Prisons". The release of that paper was the single event that contributed most to the passage of PREA two years later. Human Rights Watch had published several papers on the topic of prison rape in the years since its initial report on the topic in 1996. The 1996 paper "All too Familiar: Sexual Abuse of Women in U.S. State Prisons" was released during a time when there was almost no Congressional support for legislation aimed at prison rape. A 1998 attempt by Representative John Conyers, Jr. (D-MI) known as the Custodial Sexual Abuse Act of 1998 was attached to the reauthorization bill for the Violence Against Women Act but summarily removed and never reintroduced.

Ҩ Michael Horowitz has also been credited with playing a large part in the passage of PREA. Horowitz, a senior fellow at the Hudson Institute led a part of the broad coalition of the bill's supporters

Provisions

Ҩ The Act was passed by both houses of the U.S. Congress and subsequently signed by President George W. Bush in a White House ceremony on September 4, 2003. The act aimed to curb prison rape through a "zero-tolerance" policy, as well as through research and information gathering. The act called for developing national standards to prevent incidents of sexual violence in prison. It also made policies more available and obvious. By making data on prison rape more available to the prison administrators as well as making correction facilities more accountable for incidents pertaining to sexual violence and of prison rape it would more than likely decrease the crime(s).

Juvenile Justice

Ҩ PREA covers all adult, as well as juvenile detention facilities; the definition of prison for the purposes of the act includes "any juvenile facility used for the custody or care of juvenile inmates.“ U.S. Congress, within the text of PREA, noted that young, first-time offenders are at an increased risk of sexually motivated crimes. Juveniles held in adult facilities are five times more likely to be sexually assaulted than juveniles held in juvenile facilities.

Policy

Ҩ The policy of the Spartanburg County Detention Center is zero tolerance relating to the sexual assault/rape of offenders and recognizes these offenders as crime victims. The Detention Center will immediately respond to allegations, fully investigate reported incidents, pursue disciplinary action, and refer for investigation and prosecute those who perpetrate such conduct.

Ҩ Juveniles are to be held in a separate Juvenile Facility.

Responsibilities'

Ҩ Regardless of who whenever someone observes an incident of offender on offender sexual misconduct, or have probable cause to suspect an offender is a victim of sexual misconduct, must immediately report the information to the Shift Supervisor.

Ҩ The Shift Supervisor will notify the PREA Coordinator

Ҩ Department staff, contract workers, and volunteers who receive information concerning staff on offender sexual misconduct, or have probable cause to suspect an offender is a victim of sexual misconduct must immediately report the information to Shift Supervisor

Ҩ The Shift Supervisor will notify the PREA Coordinator

Ҩ Inmates are responsible to report sexual misconduct in accordance with procedures. (Reporting Sexual Misconduct and Emergency clause of the grievance procedures through a kiosk unit or the assigned pod officer.) The information will immediately be given to the shift supervisor. The supervisor will then notify the PREA coordinator.

Definitions

Victims

Ҩ Could be inmates (or offenders), Department staff, contract workers, volunteer, official visitors or others who are subjected to sexual misconduct

Sexual Misconduct

Ҩ PREA covers incidents of both staff sexual misconduct and offender on offender abuse

Definitions Continued

Non-Censual Sexual Act

           Ҩ Contact between the penis and the vagina or the penis and the anus involving penetration. However slight. Does not include grabbing or punching genitals with the intent to harm rather than sexually exploit; Contact between the mouth and penis, vagina or anus; Penetration of the vagina or anus or another person by hand, finger, or other object

Definitions Continued

Abusive Sexual Contact

           Ҩ Sexual contact without the offender’s consent, or in which the offender is unable to consent or refuse; Intentional touching.

          (Sexual contact does not include kicking, grabbing, or punching genital with the intent to harm but rather than sexually exploit)

Definitions Continued

Staff Sexual Misconduct   

Ҩ Any behavior or act of a sexual nature directed towards an offender by an employee, volunteer, contractor, officer visitor, or other agency; sexual relationships of a romantic nature between staff and offender are included in this definition.

Definitions Continued
Staff Sexual Misconduct

Ҩ Intentional Touching, Completed, attempted, threatened, or requested sexual acts

Ҩ Occurrences of indecent exposure, invasion of privacy, or staff voyeurism for sexual gratification

Definitions Continued
Staff Sexual Harassment

Ҩ Repeated verbal statements or comments of a sexual nature to an offender by an employee, volunteer, contractor, official visitor or other agency.

1. Demeaning references to gender or derogatory comments about body or clothing

2. Repeated profane of obscene language gestures

 Upon report of a sexual assault on an inmate…

Ҩ Treat victim for any life threatening physical injuries

Ҩ Maintain “Crime Scene”

Ҩ Move Inmates from Cell

Ҩ Separate victim, suspect, witnesses

Ҩ Immediately complete Jail Incident Report,          detailing the actions taken by staff

Ҩ DETAIL, DETAIL, DETAIL

Ҩ Transport inmate to SRMC for completion of rape kit

Ҩ Mental health staff notified

Shift Supervisor PREA Responsibilities

Ҩ Monitor the established policy and procedures to identify, monitor and track sexual misconduct incidents occurring.

Ҩ Maintain statistics

Ҩ Conduct audits to ensure

Ҩ compliance with policy

Training Required Under PREA

Ҩ All staff during Pre-Service - 4 Hour Training

Ҩ All staff will received annual in-service 4 Hour Training

Ҩ All volunteers/Contractors working inside the facility and that have contact with inmates will receive the same above training.

Bibliography

Ҩ Spartanburg County Detention Center Policy Prison Rape Elimination Act of 2003

Ҩ 4-ALDF-7B-10; 2010 ACA Standards Supplement

Ҩ 4-ALDF-4D-22/22-8; 2004 ACA Standards

Ҩ 1035 (I); 2006 South Carolina Minimum Standards

DID YOU KNOW?

Rape and sexual assault happens to females and males of all ages, from infancy to the senior years. 98% of males who have raped boys reported they are heterosexual. Most males who assault men or women are married or report having girlfriends. Sexual assault has nothing to do with the victim’s present or future sexual orientation. Victims may be either heterosexual or homosexual. A survivor is not at fault for the rape, even if she/he was in a secluded area, or had previous consensual sex with the attacker. The fact a male victim of sexual assault ejaculated or became sexually aroused does not mean they were not raped or that they gave consent. These are normal, involuntary physiological reactions. It is common for survivors of sexual assault to have feelings of embarrassment, anger, guilt, panic, depression, and fear even several months or years after the attack. Other common reactions include loss of appetite, nausea or stomachaches, headaches, loss of memory and/or trouble concentrating and changes in sleep patterns.

FACTS FOR THE INMATE THAT SEXUALLY ASSAULTS OTHER INMATES:

You will be issued a conduct report. If found guilty, sanctions will be harsh. In addition, your supervision level will be reviewed and likely increased, which could mean a transfer to a maximum security unit with significantly less freedom of movement and limited privileges. If you have family, how will this affect them and/or how will it affect their ability to visit you? All cases of sexual assault are also referred to the Spartanburg County Sheriff’s Office for criminal investigation. You may be prosecuted and if found guilty of a felony, any additional prison time will be added to your current sentence. Consider that regardless of how you choose to characterize it, sex with a member of the same sex is a homosexual act. And these acts significantly increase your risk of HIV infection, along with exposing you to other sexually transmitted diseases. If you have trouble controlling your actions seek help from mental health staff and/or consider participating in programs designed to control anger or reduce stress. You can also seek help from our medical department to visit mental health in our facility. To reduce immediate feelings of anger or aggression try talking to or writing a friend, meditate or do breathing exercises to relax, work on a hobby, or engage in some type of exercise.

WHAT TO DO IF YOU

ARE SEXUALLY

ASSAULTED?

If the attack has just happened…

Get to a safe place. REPORT THE ATTACK TO A STAFF MEMBER IMMEDIATELY. The longer you wait to report the attack the more difficult it is to obtain the evidence necessary for a criminal and/or administrative investigation. Request immediate medical attention. You may have serious injuries that you are not aware of, and any sexual contact can expose you to sexually transmitted diseases. Do not shower, brush your teeth, use the restroom, or change your clothes. You may destroy important evidence.

Later on…

Seek the support of a trusted friend, family member or staff member, such as the chaplain or the victim services coordinator. The days ahead can be traumatic and it helps to have people who care about you supporting you. Seek professional help. Mental Health staff is available for crisis care 365 days a year, to listen and offer support.

RAPE AVOIDANCE

The only way rape can be prevented is when a potential rapist chooses NOT to rape. However, you may avoid an attack by keeping the following safety guidelines in mind: Be aware of situations that make you feel uncomfortable. Trust your instincts. If it feels wrong, LEAVE. Don't let your manners get in the way of keeping yourself safe. Don't be afraid to say "NO" or "STOP IT NOW." Walk and stand with confidence. Many rapists choose victims who look like they won't fight back or are emotionally weak. Avoid talking about sex, and casual nudity. These things may be considered a come on, or make another inmate believe that you have an interest in a sexual relationship. Do not accept commissary items or other gifts from other inmates. Placing yourself in debt to another inmate can lead to the expectation of repaying the debt with sexual favors. Avoid secluded areas. Position yourself in plain view of staff members. If you are being pressured for sex, report it to a supervisor immediately.

SEXUAL ASSAULT

Any contact between the sex organ of one person and the sex organ, mouth or anus of another person, or any intrusion of any part of the body of one person, or of any object into the sex organ, mouth or anus of another person, by the use of force or threat of force. The offender uses sex as a weapon to assault the body, the mind, psyche and spirit. Sexual assault affects everyone, either directly or through the experiences of those we care about. It is not only a women's issue as it can affect persons of any gender, age, race, ethnic group, socioeconomic status, sexual orientation, or disability. The statistics are proof of this problem: According to the National Crime Victimization Survey (NCVS), in 2002 there were 247,730 victims of rape (This number does not include victims 12 or younger), seven out of every eight rape victims were female, and one in every eight rape victims was male. A 1998 study indicates that about 2.78 million American men have experienced an attempted or completed rape and one out of every six American women have experienced an attempted or completed rape.