NCJ Number
249908
Date Published
January 2016
Length
56 pages
Annotation
This information resource instructs prosecutors in the factual and legal issues associated with the sexual abuse of inmates by other inmates or staff, so as to motivate and guide prosecutors in holding offenders accountable and ensuring victim safety.
Abstract
The content is organized into three parts. The first part presents the steps that should be taken in the initial response to the offense and in conducting the criminal investigation. The steps include ensuring that the victim is safe from additional abuse, the provision of victim support, collecting evidence, and making charging decisions. The second major part of the presentation addresses procedures and actions during the pretrial phase, including ongoing investigations and pretrial motion practice. The third section of the presentation focuses on promising trial strategies, from jury selection through sentencing. In promoting effective prosecutorial responses to sexual abuse in confinement, the presentation notes that potential harms affect not only victims but also the community. Abusers, as well as their victims, may carry sexually transmitted infections that threaten public health. Victims are likely to experience emotional and psychological trauma related to the sexual abuse, which can undermine their rehabilitation and adjustment in the community after release. Prosecutors are urged to work with allied criminal justice professionals in prioritizing the investigation and prosecution of all sexual abuse and work collaboratively to ensure that institutional professionals involved in prevention, detection, and response efforts understand the extent ad significance of identifying, collecting, and retaining evidence, as well as the importance of effective victim-centered, abuser-focused strategies that will improve victim safety while promoting successful prosecution. Appended summary of best practices and information on the prevalence of inmate sexual abuse, relevant standards in the Prison Rape Elimination Act, resource list, and sample jury instructions.