NCJ Number
220915
Journal
Corrections Today Volume: 69 Issue: 5 Dated: October 2007 Pages: 70-75
Date Published
October 2007
Length
6 pages
Annotation
This article discusses the importance of and procedures for the investigative process under the Federal Prison Rape Elimination Act (PREA), which was enacted in 2003 in order to address the problems of staff sexual misconduct with inmates and inmate-on-inmate sexual assault.
Abstract
This act provides the tools for corrections officials to combat such behavior through standardized reporting of incidents, research into screening and prevention techniques, grants for training and technical assistance, and new national standards to be issued by the Prison Rape Elimination Commission. In focusing on the investigative process under PREA, this article recognizes that if an agency's investigative process is not reliable, many other parts of the PREA strategy for eliminating rape in prisons will fail. Both inmates and staff must trust that the investigative process is fair, which requires that it be thorough and objective. Statements from witnesses, victims, and potential suspects all contribute to a comprehensive investigation report. Trust in the investigation process can be promoted by talking with staff and inmates in regular training and orientation sessions about the role of the investigator and the processes used to conduct investigations. Timely and efficient investigations are also important in promoting trust in their effectiveness and fairness. Trust in PREA investigations is further enhanced by timely and accurate reporting on the investigation's results, such that rumors are squelched and innocent parties are cleared. In discussing how to conduct effective investigations, this article focuses on the role of the first responder (witness to a sexual assault or responder to a sexual assault shortly after the incident), evidence collection and identification, interacting with the victim, interacting with the suspect, false allegations and findings, and investigator selection. 1 endnote