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Sexual Abuse, Sexual Harassment or Retaliation


The Department of Corrections (DOC) has zero tolerance for sexual abuse, sexual harassment or retaliation.
 
Anyone who engages in, fails to report, or knowingly condones sexual abuse or sexual harassment of an inmate or retaliation for reporting or cooperating in investigations into such conduct shall be subject to disciplinary action and may be subject to criminal prosecution.
 
o   Staff Sexual Misconduct: Sexual abuse of an inmate, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the inmate, detainee, or resident:

§  (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

§  (2) Contact between the mouth and the penis, vulva, or anus;

§  (3) Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

§  (4) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

§  (5) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

§  (6) Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1)-(5) of this section;

§  (7) Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident, and

§  (8) Voyeurism by a staff member, contractor, or volunteer.

§  Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of an inmate, detainee, or resident by staff for reasons unrelated to official duties, such as 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.

§  Staff sexual harassment includes repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.


o   Inmate-on-Inmate sexual misconduct: Sexual abuse of an inmate, detainee, or resident by another inmate, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:
§  (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

§  (2) Contact between the mouth and the penis, vulva, or anus;

§  (3) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and

§  (4) Any other 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.

§  Inmate-on-inmate sexual harassment includes repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another.
 
 

Methods for Inmates to Report Sexual Abuse, Sexual Harassment, Retaliation or Violation of Responsibilities that may have contributed to such incidents:

· Tell any staff member to immediately report the incident
  
· Tell any supervisor or manager to immediately report the incident
 
· Make a written request to any staff member, supervisor or manager
  
· Send a written report to the third party reporting address established with the Pennsylvania State Police (PSP):

Pennsylvania State Police
BCI/PREA Coordinator
1800 Elmerton Avenue
Harrisburg, PA 17110
 
· Have your family call to notify the facility or contact PSP
  
Reports can be submitted anonymously and by third parties.

NOTE: Written reports require processing time and may not prompt immediate action. If you need immediate attention, please notify a staff member or have your family contact the facility or PSP.
 
 
 

Methods for Civilians to Report Sexual Abuse, Sexual Harassment, Retaliation or Neglect or Violation of Responsibilities that may have contributed to such incidents:

· Incidents of sexual abuse, sexual harassment and retaliation can be reported in writing by sending correspondence via U.S. mail to the BCI/PREA Coordinator at 1800 Elmerton Avenue, Harrisburg, PA 17110
 
· Reports can be submitted anonymously

Methods for Staff to Report Sexual Abuse, Sexual Harassment, Retaliation or Neglect or Violation of Responsibilities that may have contributed to such incidents:

· All employees, contract service providers and volunteers are required to immediately report to the Shift Commander, any knowledge, suspicion or information regarding an allegation of sexual abuse, sexual harassment, retaliation or neglect or violation of responsibilities that may have contributed to such incidents
 
· The Sexual Abuse Reporting Address is an option for an employee, contract service provider, or volunteer to privately report an allegation of sexual abuse, sexual harassment, retaliation or neglect or violation of responsibilities that may have contributed to such incidents.  Incidents can be reported anonymously in writing by sending correspondence via U.S. mail to the BCI/PREA Coordinator, 1800 Elmerton Avenue, Harrisburg, PA 17110
 
· A private report can be made to the facility’s PREA Compliance Manager or Department PREA Coordinator

Methods to Report Sexual Abuse, Sexual Harassment, Retaliation or Neglect or Violation of Responsibilities that may have contributed to such incidents to an agency outside of the Department of Corrections:

· Send a written report to the third party reporting address established with the Pennsylvania State Police (PSP). You may make such a report anonymously and are not required to provide your name.

Pennsylvania State Police
BCI/PREA Coordinator
1800 Elmerton Avenue
Harrisburg, PA 17110