Please note: FAQs include definitions of sexual abuse and sexual harassment that may be difficult for some users.
What is sexual abuse?
Sexual abuse is forced or coerced sexual intercourse or sexual contact when the victim does not consent, is coerced, or is unable to consent or refuse. This may include the use of fear or threat of physical violence, psychological intimidation, bullying, and physical force. Sexual abuse also includes intentional touching either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation; it also includes penetration and incidents of penetration by a foreign object.
What is sexual harassment?
Sexual harassment involves repeated and unwelcome comments or gestures of a sexual nature, including demeaning references to gender, sexually suggestive or derogatory comments about a person's body or clothing, or obscene language or gestures. Sexual harassment also includes repeated and unwelcome sexual advances; requests for sexual favors; or verbal comments, gestures, or actions of a derogatory or offensive sexual nature.
What is staff voyeurism?
Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or resident for reasons unrelated to official duties. This includes peering at an inmate who is using a toilet in his or her cell to perform bodily functions; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate’s naked body or of an inmate performing bodily functions.
How do I make a report of sexual abuse or harassment on behalf of a friend or family member who is incarcerated?
If you need to report an incident or concern that someone else has shared with you, you can take action as a “Third Party Reporter.” The information below will assist you in making a third-party report.
- What does it mean to be a third-party reporter?
- A third-party reporter is someone who reports sexual abuse and sexual harassment - usually on behalf of the survivor - but who is neither the victim nor the abuser. “Third party” includes other inmates, members of staff, family members, lawyers, contract employees, service providers, or community or religious volunteers, and outside advocates. This person may have been told by the victim about the abuse or harassment, or witnessed it firsthand.
- How can a third party report sexual abuse or sexual harassment?
- There are several ways to report sexual abuse or sexual harassment as a third-party reporter. This means that you can submit a report by contacting the facility where the assault or harassment took place by calling, writing via email or postal mail, or by visiting the facility and speaking to officials in person. Most facilities will have a phone number, email form, or mailing address on their website that you can use to send a report. An agency must accept and review/consider all third-party reports received through the following:
- A facility’s grievance system.
- Verbal reports (made in person or via telephone).
- Written communication such as a letter or email.
- Contact with agency officials.
- Via the agency’s designated outside reporting entity, such as a police department, inspector general’s office, etc.
- This means that you can submit a report by contacting the facility where the assault or harassment took place by calling, writing via email or postal mail, or by visiting the facility and speaking to officials in person. Most facilities will have a phone number, email form, or mailing address on their website that you can use to send a report.
- It is also important to note that:
- A third party can submit a report without disclosing their name or that of the alleged victim or abuser.
- A report may be submitted in a language other than English.
- A third party has the right to assist an inmate with completing and filing her or his own report of sexual abuse or sexual harassment.
- There are several ways to report sexual abuse or sexual harassment as a third-party reporter. This means that you can submit a report by contacting the facility where the assault or harassment took place by calling, writing via email or postal mail, or by visiting the facility and speaking to officials in person. Most facilities will have a phone number, email form, or mailing address on their website that you can use to send a report. An agency must accept and review/consider all third-party reports received through the following:
- Third-party reports to an outside reporting entity
- Third-party reporters have the right to make a report of sexual abuse or sexual harassment to an independent entity separate from the agency. Information on how to make a report of sexual abuse or sexual harassment on behalf of an inmate should be reasonably accessible to the public. In some cases, this information will be available on the agency’s website. If the website has a search function, try typing “PREA” into the search bar to find relevant information.
- Sometimes there is a third party external agency that you can contact by phone, mail, or electronic form on the website. Examples include:
- Ombudsman
- Inspector General’s Office
- Internal Affairs
- PREA Reporting Hotline for Third Party Reporting
- Victim Services Program
You can also send a letter to the U.S. Department of Justice Civil Rights Division, or submit a report online.
U.S. Department of Justice
Civil Rights Division
Special Litigation, Corrections
950 Pennsylvania Avenue, NW
Washington, DC 20530
Please Note: The Special Litigation Section has the authority, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997, to investigate complaints concerning conditions in state or locally operated institutions. When a “pattern or practice” or systematic deprivation of constitutional rights exists, they have the authority to initiate civil action against state or local officials to remedy the unlawful conditions. Please note, however, that the Special Litigation Section does not have the authority to assist individuals, and may only initiate civil action in the name of the United States against state and local officials. Therefore, they are unable to provide you with legal opinions or legal assistance or to advocate for someone’s release. They will, however, consider your letter carefully along with other information they may receive, to determine whether a pattern or practice investigation is warranted.