Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex Persons in Custodial Settings, 3rd ed.

The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to the field of corrections on a variety of issues. Since the passage of PREA in 2003, increased national and international attention has been paid to the issue of sexual abuse of individuals in custody. As identified by the National Prison Rape Elimination Commission (NPREC) during its fact-finding process, lesbian, gay, bisexual, transgendered, and intersex (LGBTI) individuals—both adults and youth—under custodial supervision are one of the groups most at risk for abuse. In June 2009, NPREC proposed comprehensive standards for eliminating sexual abuse of LGBTI individuals in custodial settings. The final standards promulgated by the U.S. Department of Justice (DOJ) in May 2012 recognized the unique vulnerabilities of LGBTI populations kept intact most of NPREC’s findings and recommendations and in several instances, strengthened the protections for LGBTI populations. DOJ is continuing to issue guidance on gender non-conforming individuals as it relates to the standards specifically through the FAQ section on the National PREA Resource Center’s website. However, this fundamental question remains unanswered: Have the conditions changed that allow the abuse of LGBTI individuals in custodial settings to occur? Although several state and local systems have made strides in addressing sexual abuse of LGBTI individuals in their care, much work remains. With the final standards as benchmarks, along with stronger laws protecting LGBTI individuals from abuse, progress can be swift and abuse of LGBTI individuals in custody can be significantly reduced. In the first edition of this guide, we aimed to reach out to correctional agencies in order to help them identify, address, and respond to abuse of LGBTI individuals through agency policies and procedures. We hoped to deepen the dialogue between staff and administrators as well as community leaders and criminal justice advocates about strategies to eliminate abuse of LGBTI individuals in custody. The second edition of this guide provides updated key information to correctional agencies about PREA’s impact on agency practice as it relates to LGBTI individuals in custody

Prosecuting Sexual Violence in Correctional Settings:Examining Prosecutors’ Perceptions

The Prison Rape Elimination Act of 2003 (PREA) is the first piece of federal legislation that expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is a clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on the prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law (the NIC/WCL Project) collected data from state and federal prosecutors

Sam Survives

Sponsored by Ford Foundation This publication is an excellent graphic novel for male youthful inmates, those under 18 years of age, which provides them vital information about possible exposure to sexual abuse in adult correctional settings. The novel raises several important issues including: (1) the code of silence among inmates and correctional staff in a facility; (2) beliefs about protective pairing; (3) the experience of gender non-conforming inmates; and (4) and female staff as perpetrators of sexual abuse . It is a prime educational tool developed with the Inmate Education Standard, § 115.33 of the National PREA Standards released on May 17, 2012. A separate set of discussion questions are also available.https://digitalcommons.wcl.american.edu/facsch_bks/1253/thumbnail.jp

Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision

This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing sexual violence in custody. This publication begins with a brief discussion of staff sexual misconduct, and then examines a variety of definitions of staff sexual misconduct as defined by federal law. Next, the publication explores, in detail, sexual misconduct as defined by state criminal laws in the United States, provides examples of current state criminal laws on staff sexual misconduct and discusses the legal implications of these statutes. Finally, this publication concludes by reviewing the policy issues that stakeholders and policymakers should consider when evaluating a state criminal law on staff sexual misconduct, and provides recommendations for strengthening state laws to enhance their effectiveness

Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision

Arnoult Charles André. Décret du comité central de liquidation sur la liquidation de divers offices, lors de la séance du 25 avril 1791. In: Archives Parlementaires de 1787 à 1860 - Première série (1787-1799) Tome XXV - Du 13 avril 1791 au 11 mai 1791. Paris : Librairie Administrative P. Dupont, 1886. pp. 328-333

Implementing The Prison Rape Elimination Act: A Toolkit for Jails

Minor edits. “The goal of this Toolkit is to provide jails of all sizes, political divisions, and geographic locations with a step-by-step guide for preventing, detecting, and eliminating sexual abuse of inmates in their custody – and for responding effectively to abuse when it occurs. Prison rape includes all forms of inmate sexual abuse within a correctional facility, including state and federal prisons, county and municipal jails, police lock-ups, holding facilities, inmate transportation vehicles, juvenile detention facilities, and community corrections facilities. Protecting arrestees, detainees, and inmates from sexual violence is part of a jail’s core mission. This toolkit will help assess your jail’s operations with an eye to improvements.” The Toolkit is divided into folders holding materials related to: introductory information about PREA [Prison Rape Elimination Act] and it Standards; a Self-Assessment Checklist with supporting forms “to provide a step-by-step process for jails to review and assess policies, procedures, and practices in light of the PREA Standards and accepted best practices”; and additional resources to assist you in PREA-readiness

The Violence Against Women Act: Denying Needed Resources Based on Criminal History

This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims

The Violence Against Women Act: Denying Needed Resources Based on Criminal History

This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims

The Violence Against Women Act: Denying Needed Resources Based on Criminal History

This article aims to discuss the Violence Against Women Act (VAWA) and the Victims of Crime Act (VOCA) in regards to funding for mental health treatment and crisis servic- es for incarcerated survivors and victims of sexual violence. It will begin by illustrating the need for services because of inmates’ likely history of victimization and draws conclusions regarding the impact that denying VAWA/ VOCA resources may have on the recovery of incarcerated victims