Missouri Legal Update
2020 Lesson 11: Confinement Sexual Abuse/PREA for Officers – Pt 2
This is Part 2 of a two-part online technical skills lesson on preventing confinement sexual abuse/PREA for officers.
Section six examines the official response to reports of sexual harassment and sexual abuse, including PREA’s requirement that covered agency staff report even mere suspicion of sexual abuse or sexual harassment. The lesson outlines: the duty of agencies to protect inmates; the duty of first responders to protect inmates and preserve evidence; the duty of agencies to protect inmates from retaliation.
Section seven examines investigations of sexual assault in confinement. It details PREA’s requirements for criminal and administrative agency investigations of sexual abuse in jails or lockups. It explains the evidentiary standards applicable to investigations of sexual abuse and sexual harassment in jails and lockups and the requirement that jails inform inmates of the results of these investigations.
Section eight addresses PREA’s disciplinary and corrective measures towards each of the following offenders: staff, contractors, volunteers, inmates, and detainees.
Section nine explains PREA’s medical and mental health care requirements for victims of sexual abuse in jails and lockups. Section ten provides an overview of PREA’s data collection requirements.
Section eleven examines anti-fraternization polices and how they can be used to help prevent sexual harassment and sexual abuse. It examines the types of conduct that policies may prohibit and provides examples of problematic relationships from actual cases.
Section twelve addresses LGBTQ detainees and inmates. It provides officers with definitions of terms relevant to the LGBTQ community and explains how to use them appropriately.
Section thirteen addresses policies and procedures related to LGBTQ detainees and inmates. It examines PREA requirements specific to this population and provides policy recommendations from LGBTQ advocacy organizations regarding: determining gender; intake policies; search policies; and housing policies.
Section fourteen provides an overview of Missouri’s mandatory reporter laws because some sexual abuse or harassment of detainees and inmates may also trigger Missouri’s mandatory reporter requirements regarding child abuse or eligible adult abuse.