PRISON RAPE ELIMINATION ACT

PRISON RAPE ELIMINATION ACT

The Prison Rape Elimination Act (PREA) of 2003 is a federal law established to support the elimination and prevention of sexual assault and sexual misconduct in correctional systems. PREA addresses both inmate-to inmate sexual assault and staff-to-inmate assault. It is the policy of the Southwest Virginia Regional Jail Authority to establish and maintain a mechanism that ensures that appropriate procedure and practice provides information to an inmate about sexual abuse/harassment including; prevention/intervention, reporting sexual abuse/harassment, treatment and counseling. The information shall be communicated orally and in writing, in a language clearly understood by the inmate, upon his/her arrival at the facility.

Meeting the objectives of the Prison Rape Elimination Act (PREA) is a priority of the Southwest Virginia Regional Jail Authority (SWVRJA). The SWVRJA has a ZERO TOLERANCE for inmate-on-inmate sexual assault or abuse, and staff sexual misconduct or harassment towards inmates. The facility strives to provide a safe environment where inmates are free from such assault and sexual misconduct, and makes every effort to detect, prevent, reduce, and punish sexual abuse, assault, harassment, and misconduct.
The SWVRJA has determined that the policies and procedures are clear; ALL SEXUAL ACTIVITY IS PROHIBITED. Beyond those rules, forced or coerced sexual abuse is a criminal act that merits criminal prosecution. In the event of sexual abuse or rape allegation in the SWVRJA, as defined by the PREA standard 115.22, qualified, specially trained personnel will investigate the allegation and forward substantiated findings to the Virginia State Police for further investigation and possible criminal proceedings. The SWVRJA ensures that all incidents of sexual abuse are thoroughly investigated and referred for prosecution to the Commonwealth Attorney.

If you have information that your family member or friend has been the victim of sexual abuse at the hands of another inmate, or if you have information concerning suspected incidents of employee sexual misconduct involving the Southwest Virginia Regional Jail Authority personnel, Contractors, or Volunteers please contact:

• The PREA Compliance Manager of the facility where the incident is alleged to have occurred.
  • Abingdon Facility: (276) 739-3520 ext. 1071
  • Duffield Facility: (276) 431-8000 ext. 2072
  • Haysi Facility: (276) 679-7880 ext. 3071
  • Tazewell Facility: (276) 582-0650 ext. 4074

SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY PREA DEFINITIONS

Sexual Abuse Inmate-on-Inmate– Sexual abuse by another inmate, or inmates, 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:

1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
2. Contact between the mouth and the penis, vulva, or anus;
3. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
4. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of any person, excluding contact incidental to a physical altercation.

Sexual Abuse, Staff Member-on-Inmate – Sexual abuse by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident:

1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
2. Contact between the mouth and the penis, vulva, or anus;
3. 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;
4. 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;
5. 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;
6. 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;
7. 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
8. Voyeurism by a staff member, contractor, or volunteer.

Voyeurism by a Staff Member, Contractor, or Volunteer – 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.

SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY PREA REPORTS

SWVRJA.ORG