PREVENTING SEXUAL ABUSE AND SEXUAL MISCONDUCT


PREA: Prison Rape Elimination Act / Department of Homeland Security PREA standards

The Prison Rape Elimination Act was enacted by Congress in 2003 to address the problem of sexual abuse of persons in the custody of United States correctional agencies.

PREVENTING SEXUAL ABUSE AND SEXUAL MISCONDUCT

It is the mission of the Farmville Detention Center to provide a safe, humane, and appropriately secure civil detention environment that offers an appealing alternative to the standard method of detention for federal immigrants while they navigate the immigration process.

The Farmville Detention Center has a strict zero-tolerance policy for all forms of sexual harassment, sexual abuse, or assault. Sexual assault or abuse of detainees by other detainees, staff, volunteers, or contract personnel is prohibited and subject to administrative, disciplinary, and criminal sanctions.

In accordance with Department of Homeland Security PREA standard 115.6 Definitions Related to Sexual Abuse and Assault:

(1) Sexual abuse includes-

(a) Sexual abuse and assault of a detainee by another detainee; and

(b) Sexual abuse and assault of a detainee by a staff member, contractor, or volunteer

(2) Sexual abuse of a detainee by another detainee includes any of the following acts by one or more detainees, prisoners, inmates, or residents of the facility in which the detainee is housed who, by force, coercion, or intimidation, or if the victim did not consent or was unable to consent or refuse, engages in orattempts to engage in:

(a) Contact between the penis and the vulva or anus and, for purposes of this subparagraph, contact involving the penis upon penetration, however slight;

(b) Contact between the mouth and the penis, vulva, or anus;

(c) Penetration, however, slight, of the anal or genital opening of another person by a hand or finger or by any object;

(d) Touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either directly or through the clothing, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person; or

(e) Threats, intimidation, or other actions or communications by one or more detainees aimed at coercing or pressuring another detainee to engage in a sexual act.

(3) Sexual abuse of a detainee by a staff member, contractor, or volunteer includes any of the following acts, if engaged in by one or more staff members, volunteers, or contract personnel who, with or without the consent of the detainee, engages in or attempts to engage in:

(a)Contact between the penis and the vulva or anus and, for purposes of this subparagraph, contact involving the penis upon penetration, however slight;

(b) Contact between the mouth and the penis, vulva, or anus;

(c) Penetration, however slight, of the anal or genital opening of another person by a hand or finger or by any object that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

(d) Intentional touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either directly or through the clothing, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

(e) Threats, intimidation, harassment, indecent, profane or abusive language, or other actions or communications, aimed at coercing or pressuring a detainee to engage in a sexual act;

(f) Repeated verbal statements or comments of a sexual nature to a detainee;

(g) Any display of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, or

(h) Voyeurism, which is defined as the inappropriate visual surveillance of a detainee for reasons unrelated to official duties. Where not conducted for reasons relating to official duties, the following are examples of voyeurism: staring at a detainee who is using a toilet in his or her cell to perform bodily functions; requiring an inmate detainee to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a detainee’s naked performing bodily functions.

REPORT ALL ASSAULTS

If you become aware of a detainee being a victim of sexual harassment, sexual abuse, or assault report the incident immediately to any Farmville Detention Center staff person or ICE official. All information concerning the identity of a detainee victim and the facts of the report itself are confidential and shall be limited to those who have the need-to-know in order to make decisions concerning the detainee victim’s welfare and for law enforcement and investigative purposes. Department of Homeland Security PREA standards prohibit any form of retaliation against an individual that makes a report of sexual abuse and any report of sexual abuse or assault shall not negatively impact a detainee’s immigration proceedings. Other available options of reporting include:

DHS Office of the Inspector General
P.O. Box 27606 Washington, D.C. 20530

1-800-323-8603

ICE’s Detention Reporting and Information Line
1-888-351-4024

ICE/OPR, Joint Intake Center
1-877-246-8253

DHS/ICE/ERO WAS – Richmond Sub-Office
9200 Arboretum PKWY, Suite #140
Richmond, VA 23236

1-804-330-8250

DHS/ICE/ERO WAS – Fairfax
2675 Prosperity Avenue, 3rd Floor
Fairfax, VA 20598-5216

703-285-6200

Southside Center for Violence Prevention / Madeline’s House
P.O. Box 487
Blackstone, VA 23824

1-888-819-2926

When making a report please provide as much detail as possible to include:

• Detainee victim name and Alien Number
• Perpetrator’s name
• When and where the incident occurred (date, time, and location)
• Incident description
• Your name, contact number, and relationship to detainee victim

INVESTIGATIVE PROTOCOL

The Farmville Detention Center uses a multi-disciplinary team approach for responding to reports involving sexual harassment, sexual abuse, or sexual assault. This coordinated team approach includes involvement of the facility physician, medical staff, licensed professional counselors, the facility’s Prevention of Sexual Assault Compliance Manager, and facility investigators. Allegations of sexual abuse determined to be criminal in nature are promptly referred to the Farmville Police Department for thorough and objective investigation and prosecution. The Farmville Detention Center also makes use of outside community emotional support resources that supply valuable expertise in victims services such as crisis intervention and counseling to most appropriately address victim’s needs.