Prison Rape Elimination Act (PREA) 42 U.S.C. § 15601 28 C.F.R. § 115

1. Prison Rape Elimination Act(PREA) 42 U.S.C. § 1560128 C.F.R. § 115 Nevada Department of Corrections Staff PREA Training 3-25-2014

2. Objectives • Zero Tolerance Policy • Responsibilities • Inmate’s rights to be free from sexual abuse and sexual harassment • Dynamics of sexual abuse and sexual harassment in confinement

3. Objectives cont. • Common reactions of sexual abuse and sexual harassment victims. • Detection and response to signs of abuse & harassment. • Staff – How to avoid inappropriate relationships with inmates. • LGBTI or Gender Non Conforming sensitivity.

4. NDOC Zero Tolerance Policy *115.11 (a) “The Department of Corrections has a Zero Tolerance policy for any form of sexual misconduct to include staff/contractor/or volunteer on inmate or inmate on inmate sexual harassment, sexual assault, sexual abusive contact and consensual sex.

5. NDOC Zero Tolerance Policy *115.11 (a) Any staff member/contractor/volunteer who engages in, fails to report, or knowingly condones sexual harassment or sexual contact with or between inmates shall be subject to disciplinary action and may be subject to criminal prosecution. The Department shall take a proactive approach regarding the prevention, detection, response and punishment of any type of sexual contact.”

6. StaffResponsibilities

7. Reporting • All staff are mandatory reporters • Staff will report immediately for any of the following • Knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment. • This includes allegations of retaliation against inmates or staff for reporting.

8. Staff responsibilities after receiving an allegation • Apart from reporting to designated supervisors or officials, staff shall not reveal any information related to sexual abuse report to anyone other than: • treatment • investigation • and other security and management decisions.

9. First Responder • First responders can be anyone. • Whomever an offender chooses to tell is the first responder. • You have no control if the person reported to is not within the agency.

10. Response • Stabilizes the situation: • for the victim • for the facility • Supports the investigation by securing the scene, if appropriate. • Relaying important observations and information to the investigator

11. How to respond Within 72 hours of sexual abuse occurring • When it is safe to do so separate alleged victim and abuser • Request the alleged victim & abuser not take any actions that could destroy physical evidence. • Washing, brushing teeth, changing cloths, urinated, defecating etc. • If not security staff, the responder shall request the above and notify security. • Escort alleged victim to medical (will always be seen first and separate from abuser)

12. Facility crime scene • Video and/or photograph the crime scene area. • Identify staff who will touch and/or handle evidence.

13. In the event of a sexual assault….Glove up!

14. Crime scenes VICTIM SUSPECT

15. SOURCES OF DNA • Blood • Saliva (skin cells) • Sweat (skin cells) “touch DNA” • Hair Root • Mucous • Vaginal Fluid • Semen • Vomit • Feces

16. Physical evidence to collect from the scene • Victim’s Underwear • Victim’s Clothes • Rug/floor covering • Chair covering • Towel • Blanket and sheets • Condom • Tissue • Other

17. What are we bagging?How are we bagging it?

18. Evidence handling Wet Items • Paper bag • Double bag if necessary • Transport to evidence locker

19. Evidence handling Clothing • Keep articles of clothing separate. • 1 item per bag, not pair of socks. • Have paper below each item as it is being bagged to catch falling hair, lint or other evidence • NEVER place the clothing of a victim in the same container as those of the suspect or in the washer!

20. Evidence handling Weapons • Take photos to record location of weapon(s) • If you must move them • Document why you moved a weapon if it was moved before it was photographed. • Place in the proper container to ensure no one is harmed removing it from the evidence vault.

21. Other supportive evidence • Letters or notes between suspect and victim. • Gifts, favors, excess commissary, extra unexplained items, contraband.

22. Inmate’s rights to be freefrom sexual abuse and sexual harassment

23. The goal of the PREA Law and PREA standards is to: • Prevent • Detect • Respond to sexual abuse in confinement facilities

24. Sexual abuse as defined by u.s. attorney general for prea standards *As we move forward Sexual Abuse under the PREA law is Sexual Assault (Rape). **Substantiated cases will be referred to the Attorney General for Sexual Assault - NRS 200.366 ***This also means staff can be referred for sexual assault when they get in a “sexual relationship” with an inmate.

25. Inmate’s rights to be free from sexual abuse and sexual harassment • For too long incidents of sexual abuse against incarcerated person have not been taken as seriously as sexual abuse outside prison walls. • In popular culture, prison rape is often the subject of jokes; in public discourse, it has been at times dismissed by some as an inevitable or even deserved consequence of criminality. • Sexual abuse is never a laughing matter, nor is it punishment for a crime. Rather, it is a crime. • It is no more tolerable when its victims have committed crimes of their own.

26. Sexual abuse of an inmateby another inmate • Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or residentincludes 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 the penis and the anus, including penetration, however slight; contact between the mouth and the penis, vulva, or anus; penetration of the anal 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 the buttocks of another person, excluding contact incidental to a physical altercation.

27. Sexual abuse of an inmateby a staff member, contractor, or volunteer • Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteerincludes any of the following acts, with or without consent of the inmate, detainee, or resident: • Contact between the penis and the vulva or 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;

28. Sexual abuse of an inmateby a staff member, contractor, or volunteer, Cont. • Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; • Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; Staff definitions continued to next slide.

29. Sexual abuse of an inmateby a staff member, contractor, or volunteer, Cont. • Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1)-(5) of this section; • Any display 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

30. Sexual abuse of an inmateby a staff member, contractor, or volunteer, Cont. Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.

31. Definition on consent 1con·sent • intransitive verb: to agree to do or allow something : to give permission for something to happen or be done. 2consent • noun : permission for something to happen or be done: agreement about an opinion or about something that will happen or be done **http://www.merriam-webster.com/dictionary/consent

32. INMATES CAN NOT CONSENT TO STAFF – IF STAFF CROSS THE LINE THEY ARE ALWAYS RESPONSIBLE FOR THEIR ACTIONS. STAFF HAVE THE POWER AND CONTROL OVER ALL INMATES. REGARDLESS HOW IT MAY HAVE STARTED.

33. Sexual harassment as defined by u.s. attorney general for prea standards • (1) Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another; and

34. Sexual harassment as defined by u.s. attorney general for prea standards, cont. • (2) Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures. • * (1) by on inmate toward another includes other inmates, STAFF, volunteers etc. AR707 - MJ50

35. Communication and Professionalism with LGBTI or Gender Non ConformingInmates

36. A Note on Perceptions… “Perceived” status • Be aware of what “perceived” means. • Typically, the question refers to how outsiders perceive another person’s sexual orientation, gender identity, or gender expression (SOGIE) and not how one perceives oneself.

37. SOGIE: sexual orientation, gender identity and/orgender expression • Sexual Orientation is about who you are emotionally, sexually or romantically attracted to, whether you are lesbian, gay, bisexual, straight, asexual, other. • Which is different from… • Gender Identity is about how a person sees themselves and understands their own gender identity (a man, a woman, other). • Gender Expression is about how a person expresses their gender identity through their manner of dress, speech, behavior and/or other physical expressions of themselves (masculine, feminine, androgynous, other).

38. Gender Conforming Describes a person who expresses their gender in a manner that is consistent with societal norms for one’s gender (e.g., a person who was designated “female” at birth, who identifies as a girl/woman, and dresses in a way that society determines a girl/woman should dress).

39. Gender non conforming Describes someone whose gender identity and/or expression breaks societal norms (e.g., someone who identifies as a girl/woman but wears clothing typically assigned to boys/men). Standards:Gender nonconforming means a person whose appearance or manner does not conform to traditional societal gender expectations.

40. Breaking the definitions down • Lesbian - A woman who is emotionally, romantically and sexually attracted to other women. • Gay - A man who is emotionally, romantically and sexually attracted to other men. • Bisexual - A man or woman who is emotionally, romantically and sexually attracted to both men and women.

41. Breaking the definitions downcont. • Straight (aka heterosexual) - A person who is emotionally, romantically and sexually attracted to another person who is of a different sex and/or gender. • Asexual - A person who is not sexually attracted to any sex and/or gender.

42. Breaking the definitions downcont. • Transgender A person whose gender identity and/or gender expression does not match the sex and/or gender they were assigned at birth. • Note: This is also an umbrella term for identities such as transsexual, M to F, F to M, Two-Spirit (Native American), genderqueer, etc.

43. Breaking the definitions down cont. Which is different from… • Intersex A general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy, or chromosome pattern, that doesn’t seem to fit the typical definitions of female or male. •Note: Approximately 1 in 1500-2000 people are born intersex. **(See Intersex Society of North America and Advocates for Informed Choice)

44. Cross Gender supervision and announcement, What is that????? A staff member who is the opposite gender of inmates they are supervising.

45. PREA standard 115.15 Cross Gender Announcement Staff of the opposite gender to announce their presence when entering an inmate housing unit.

46. PREA standard 115.15 Cross Gender Supervision No cross gender strip searches except in exigent circumstances. No cross gender pat or strip searches of female inmate by male staff unless they are medical staff or exigent circumstances.

47. Dynamics, detection & response of Sexual Abuse or Sexual Harassment in Confinement

48. Inmate Reporting • Inmates can report a sexual assault/abuse, or sexual harassment by a staff member or another inmate by any manner available to him/her, including but not limited to: • Verbally; • Written form to include the utilization of the Emergency Grievance Form, DOC-1564; • Inmate request form, DOC-3012; and • Informing family/friends

49. Dynamics of incarceration • In women’s facilities, relationships and loyalty tend to be valued highly. • Men’s facility cultures value aggression and power. • Some see sexual aggression as a way to assert their power and control over others. • Being victimized and seeking help often are viewed as signs of weakness.

50. Dynamics of sexual harassment May precede sexual abuse and is used to: • test a target • demean others • overtly or subtly intimidate • challenge new inmates/residents or staff • threaten inmates/residents or staff who are perceived to be weaker May be used • to move the alleged perpetrator • to retaliate against the alleged perpetrator