The Prison Rape Elimination Act (PREA) was signed into federal law in September 2003. The main purposes of this act are to establish a zero-tolerance standard for rapes in prison; make the prevention of prison rape a top priority; and to develop national standards for the detection, prevention, reduction, and punishment of prison rape.
The term “rape” means the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person, forcibly or against that person’s will; the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent mental or physical incapacity; or the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fondling of a person achieved through the exploitation of the fear or threat of physical violence or bodily injury.
KRS 510.120 (1c)
A person is guilty of sexual abuse in the second degree when: Being an employee, contractor, vendor, or volunteer of the Department of Corrections, or a detention facility as defined in KRS 520.010, or of an entity under contract with either the department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he subjects an offender who is incarcerated, supervised, evaluated, or treated by the Department of Corrections, the detention facility, or the contracting entity, to sexual contact.
It is the policy of Warren County Regional Jail that sexual misconduct shall not be tolerated. Warren County Regional Jail shall prohibit conduct that rises to the level set by Code of Federal Regulations Title 29 1604.11, Sexual Harassment (29 C.F.R. § 1604.11). Warren County Regional Jail’s employees shall be advised to avoid offensive or inappropriate conduct or sexual misconduct at work. Complaints of sexual misconduct shall be investigated in a prompt, effective and uniform manner. Appropriate action shall be taken to ensure that any sexual misconduct shall not recur.
To all full time employees, part-time employees, interim employees, interns, students, volunteers, consultants, and contractors doing business with Warren County Regional Jail.
“Consensual” means as existing or made by mutual consent without an act of writing. No offender, either incarcerated or under the supervision of Warren County Regional Jail, can give consent to any sexual relationship with an employee. Any acts as defined in this policy that are conducted outside of the employee’s normal duties are considered a violation of this policy.
“Offender” means any person confined in Warren County Regional Jail.
“Sexual abuse” means subjecting another person to any sexual act or contact between an employee, volunteer, or agency representative and an offender by force, persuasion, inducement, or enticement; any sexual act or contact in which an employee, volunteer, or agency representative participates or forces any offender to engage; subjecting another person who is incapable of giving consent by reason of their custodial status, physical state or mental state; or rape, sexual molestation, prostitution or other form of sexual exploitation.
“Sexual assault” means any sexual touching or contact which is non-consensual, forced or coerced in any manner, including but not limited to rape, sodomy, or unlawful touching as defined by the Kentucky Revised Statutes.
“Sexual contact” means all forms of sexual contact, intentional sexual touching or physical contact of a sexual manner, either directly or through clothing, of the genitalia, anus, groin, breasts, inner thighs, buttocks, with or without the consent of the person; or any unwanted touching with the intent to arouse, humiliate, harass, degrade, or gratify the sexual desire of any person.
“Sexual harassment” means all of the following, whether by staff or offenders; unwelcome sexual advances, sexually offensive language, comments or gestures, influencing, promising or threatening an offender’s safety, custody, privacy, housing, privileges, work or program status, in exchange for personal gain or favor of a sexual nature; creating or encouraging an atmosphere of intimidation, hostility or offensiveness as perceived by any individual who observes the sexually offensive behavior or language.
“Sexual misconduct” means any behavior or act of a sexual nature directed toward an offender by an employee, volunteer, visitor or agency representative. This includes acts or attempts to commit acts including but not limited to sexual assault, sexual abuse, sexual harassment, sexual contact, conduct of a sexual nature or implication, obscenity and unreasonable invasion of privacy. Sexual misconduct also includes but is not limited to conversations or correspondence, which suggest a romantic or sexual relationship between an offender, and any party mentioned herein.
“Unauthorized behavior” means any activity or contact with an offender or offender’s family, that is unrelated or unnecessary to the employee’s assigned duties or official Jail business.
1. Any acts defined as sexual abuse in this policy.
2. Any acts defined as sexual assault in this policy.
3. Any acts defined as sexual contact in this policy.
4. Any acts defined as sexual harassment in this policy and as defined in 29 C.F.R. § 1604.11.
5. Any acts defined as sexual misconduct in this policy.
Any acts defined as unauthorized behavior in this policy -
6. Sexual advances in any form towards an offender.
7. Sexually offensive language, comments or gestures.
8. Influencing, promising or threatening an offender’s safety, custody, privacy, housing,
privileges, work or program status, in exchange for personal gain or favor of a sexual nature.
9. Creating or encouraging an atmosphere of intimidation, hostility, or offensiveness as perceived by any individual who observes the sexually offensive behavior or language.
10. The act or attempted act of observing or interfering with an offender’s personal affairs without a reasonable need to do so for the immediate safety and security of the offender, employees, or others within the institution or office environment, i.e, failing to properly announce his presence when entering a housing unit, reading personal mail or written materials of an ` offender when not required for the safety and security of the environment.
11. Any activity or contact with an offender or offender’s family that is unrelated or unnecessary to the employee’s assigned duties or official Jail business.
Depending upon the nature of the complaint, the Jailer shall determine whether the investigation shall be conducted internally or by an outside investigator. During the course of the investigation, the accused may be temporarily reassigned. The accused may be placed on special investigative leave pursuant to completion of the investigation.
Appropriate action, which may include disciplinary actions, up to and including dismissal may be taken, based upon the findings of the investigation. If the findings are inconclusive but the investigation reveals potentially problematic conduct, preventative action shall be taken. The accused shall be reminded of jail policy and further preventive measures may be taken including additional training to avoid a further recurrence or permanent
The victim of sexual misconduct shall be referred to the appropriate resources, if necessary, to receive help in dealing with the effects of the sexual misconduct.
The privacy of the complainant and the accused shall be protected to the fullest extent permitted by the circumstances. An individual interviewed in the course of resolving the complaint shall be cautioned to treat the information asconfidential. Breach of this confidentiality shall be grounds for disciplinary action.
Retaliation by or against any part involved in a complaint shall be strictly prohibited. Retaliation, in, and of itself, shall be grounds for disciplinary action.
If a complaint is filed falsely and maliciously, or if it is learned that false information is provided to anyone in the course of an investigation, disciplinary action, up to and including dismissal may be taken.