Agencies that conduct their own investigations into sexual abuse or harassment must do so promptly, thoroughly, and objectively. The standards require investigations whenever such allegations are made, including third-party and anonymous reports, and prohibit the termination of an investigation on the grounds that the alleged abuser or victim is no longer employed or housed by the facility or agency. In addition, agencies must use investigators who have received special training in conducting sexual abuse investigations.
The standards set forth requirements for gathering and preserving evidence, conducting compelled interviews, determining witness credibility, conducting administrative and criminal investigations, making referrals for criminal prosecution, and retaining records. The standards also provide for situations in which outside investigators perform investigations.
STANDARDS. Click on the following links to access the investigation standards for Adult Prisons and Jails, Community Confinement Facilities, Juvenile Facilities, and Lockups.
Investigations - Resources - General
General
- PREA Standard in Focus - 115.71 Criminal and administrative agency investigations, PREA Resource Center (2017).
- The National PREA Standards: Implications for Human Resource Practices in Correctional Settings Webinar, The Project on Addressing Prison Rape in collaboration with the National PREA Resource Center (2012).
- Investigating Sexual Assaults in Correctional Facilities, National Institute of Corrections and Washington College of Law Project on Addressing Prison Rape (2010).
- Overview of Sexual Abuse in Confinement: An Introduction for Prosecutors Webinar, Viktoria Kristiansson and AEquitas in collaboration with the National PREA Resource Center (2013).
- Pretrial Motions: Admitting and Excluding Evidence in the Prosecution of Sexual Abuse in Confinement Webinar, Viktoria Kristiansson and AEquitas in collaboration with the National PREA Resource Center (2013).
- Investigating Allegations of Staff Sexual Misconduct With Offenders Curriculum, The Project on Addressing Prison Rape in collaboration with the National Institute of Corrections (2010).
- Sexual Abuse in Confinement Case Law Digest, Aequitas (2014).
- Strategies in Brief: identifying, Investigating, and Prosecuting Witness Intimidation in Cases of Sexual Abuse in Confinement, Viktoria Kristiansson, JD and Charlene Whitman-Barr, JD (2015).
- Investigating Sexual Assault and Sex Related Crimes in Confinement Settings: Guidance for Criminal Investigators Video and Resource Guide, International Association of Chiefs of Police (2015).
- The Prosecutors’ Resource: Sexual Abuse in Confinement, AEquitas (2016).
- Using a Prevention, Trauma-Informed Framework when Implementing PREA, National Association of State Mental Health Program Directors (2015).
Investigations - Resources - Adult Prisons and Jails
Adult Prisons and Jails
- Misconduct Investigations Flowchart, Montana Department of Corrections (2011).
- Investigations of Allegations of Gender-Based Misconduct, Michigan Department of Corrections (2010).
- Criminal Investigation Unit Responsibilities and Actions, Missouri Department of Corrections (2007).
Investigations - Resources - Community Confinement Facilities
Community Confinement Facilities
- Colorado Community Corrections PREA Procedures, Colorado Department of Corrections (2012).
Investigations - Resources - Juvenile Facilities
Juvenile Facilities
- Abuse of Youth in Custody Curriculum, National Institute of Corrections and Washington College of Law Project on Addressing Prison Rape (2010).
Investigations - Resources - Lockups
Lockups
- Addressing Sexual Offenses and Misconduct by Law Enforcement: Executive Guide, International Association of Chiefs of Police (2011).
- International Association of Chiefs of Police Response to Violence Against Women Project (includes training videos, investigative guidelines, supplemental report forms, and other tools).