PREA: A Long Road for Incarcerated Survivors

“Sexual abuse is a crime, and should not be the punishment for a crime.”
– US Department of Justice Letter to Governors, March 5, 2015

prison stock photoWhile this statement might seem obvious to those who work in sexual violence prevention and response, it represents a profound shift in how the wider public, and even those in corrections, view sexual assault in the context of prison. Rape and sexual harassment have long been considered an inevitable—or even deserved—part of the prison experience. Additionally, sexual violence is ingrained in the prison system, perpetrated (by inmates as well as guards) as a means of establishing and maintaining power dynamics and prison hierarchy.

The Prison Rape Elimination Act (PREA) was passed in 2003 to address the epidemic of sexual assault in all corrections facilities, but comprehensive guidelines didn’t take effect until 2012, with the National Standards to Prevent, Detect, and Respond to Prison Rape. Finally, just this month, May 2015, the Department of Justice will begin to enforce those guidelines by withholding funding from states that are not in compliance. The National Standards specify that any confinement facility (including prisons, jails, lock-ups, juvenile facilities, and community and immigrant detention centers) must:

    • Adopt a “zero-tolerance policy” towards sexual assault and sexual harassment
    • Train both staff and inmates on sexual abuse
    • Train staff on effective and professional communication with LGBTQ and gender non-conforming inmates
    • Provide at least two internal and one external way for inmates to report abuse
    • Provide access to outside advocates for emotional support related to the abuse, and provide as much confidentiality as possible
    • Discipline perpetrators of sexual assault, both guards and inmates
    • Separate youth in adult correctional facilities and prevent unsupervised contact with adults
    • Provide access to support services for inmates with disabilities and limited English proficiency
    • Ensure inmates have timely access to appropriate medical and mental health services, on par with community level of care

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