LEGAL TOOLS FOR ADDRESSING SEXUAL VIOLENCE IN INSTITUTIONAL SETTINGS
NIC/WCL PROJECT ON ADDRESSING PRISON RAPE
Date: October 16, 2008
Description:
This program will be a one hour web-chat on legal tools for addressing sexual violence in institutional settings.
Over the past ten years, we have worked to identify and develop legal tools for addressing sexual violence in institutional settings – both staff-on-inmate and inmate-on-inmate. Those tools aim to not only sanction sexual violence in custody, but to increase reporting of sexual violence by staff and to provide information about past sexually abusive behavior toward inmates.
In identifying tools, we have examined laws in each state on: staff sexual misconduct; sexual assault (including sodomy); vulnerable persons; statutory rape; mandatory reporting; sex offender registration; and assault and battery.
In this web chat, we hope to respond to questions that many of you have asked over the years including:
What are the legal tools for punishing staff for sexual abuse of offenders?
Are there particular statutes that could help to address staff failure to report misconduct and abuse?
Are correctional staff mandatory reporters of sexual violence against adults?
Are inmates considered vulnerable persons?
What are agency obligations for juveniles? For juveniles in adult settings?
For a copy of the accompanying powerpoint click here.
NIC/WCL PROJECT ON ADDRESSING PRISON RAPE In partnership with Smith Consulting
Date: March 21, 2008
Description:
This program will be a one hour web-chat on PREA implications for juvenile justice agencies.*
On June 1, 2006 The National Prison Rape Elimination Commission held a public hearing focusing on issues concerning juvenile populations. Testimony from that hearing brought to light questions regarding the implications of PREA for juvenile justice agencies. The hearing raised many issues including: policies preventing youth on youth sexual contact; training on “normal” adolescent development; medical and mental health care; and management and operational practice standards that will work in the various agencies housing or supervising youth. The chat will explore these issues and discuss policy and other challenges in implementing PREA for juvenile justice agencies.
*Juvenile justice agencies include private, state and locally operated secure detention and community based supervision. This includes but is not limited to all juvenile agencies that fall under the state and/ or local Department of Health and Human Services, Department of Child and Family Services, Department of Corrections, Department of Juvenile Justice, Department of Social Services and all Juvenile Court agencies with responsibility for sentencing and confining adjudicated youth.
For a copy of the accompanying powerpoint click here.
CROSS GENDER SUPERVISION: Legal Liability for Correctional Agencies and Administrators
NIC/WCL PROJECT ON ADDRESSING PRISON RAPE
Date: November 8, 2007
Description:
A one hour web chat on legal liability for
correctional agencies and administrators using cross gender
supervision in their facilities.
Two recent cases, Heckenlaible v. Virginia Peninsula Regional JailAuthority, 2007 WL 1732385 (E.D.Va.) and Cash v. County of Erie,
2007 WL 2027844 (W.D. N.Y. July 11, 2007) have reinforced the
need to revisit the issue of cross gender supervision in correctional
settings. While Title VII requires for equal job opportunities for both men and women, courts have acknowledged that in some instances gender can be a bona fide occupational qualification (BFOQ) in certain positions in correctional facilities – particularly those where men may supervise women inmates. The chat will explore these issues; discuss the availability of BFOQ positions in correctional facilities; and discuss policy and other challenges in implementing same gender supervision.
For a copy of the accompanying powerpoint click here.
