Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision

Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Staff Sexual Abuse of Individuals under Custodial Supervision is the first of a series that forms the basis of a toolkit on laws that address sexual violence against persons under correctional supervision. This publication begins with a brief discussion of staff sexual misconduct, and then examines a variety of definitions of staff sexual misconduct as defined by federal law.

Next, the publication explores sexual misconduct as defined by state criminal laws in the United States. These laws enacted by state legislatures have informed corrections administrators, correctional staff, and prosecutors about staff sexual misconduct nationally, and within their respective states and localities. This publication provides examples of current state criminal laws on staff sexual misconduct and discusses the legal implications of these statutes.

Finally, this publication concludes by reviewing the policy issues that stakeholders and policymakers should consider when evaluating a state criminal law on staff sexual misconduct, and provides recommendations for strengthening state laws to enhance their effectiveness.