Prison Rape Elimation Act (PREA)

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PRISON RAPE ELIMATION ACT (PREA)

The Prison Rape Elimination Act (PREA) of 2003 was enacted by Congress to deal with the problem of sexual abuse by persons in correctional agencies. The Fond du Lac County Jail has established a zero-tolerance standard for incidents of sexual misconduct involving inmates, staff and/or volunteers. All persons have the right to be safe from any sexual advances or acts. It is important that you tell a staff member as soon as possible if you have been sexually assaulted, have been threatened, harassed or are being solicited or talked to about or for sexual activity.

If you experience, witness or suspect sexual abuse or sexual harassment you can report in ANY of these ways:
• Tell ANY staff person.
• Send a request to ANY staff person.
• Call the PREA Reporting Hotline at (920)906-5510. This is an anonymous call unless you leave your name. An investigation will be conducted based on the information details provided.
• Tell a family member, friend or outside support person; they may report on your behalf by telling any staff person.
• Contact local law enforcement.

The information reported will be kept confidential and will only be discussed with appropriate officials that have a need to know in order to perform their duties. For the purpose of this policy, the term “staff” is intended to cover persons with any access to the jail facility, including volunteers.

Sexual Misconduct – Any behavior or act of a sexual nature directed towards an inmate, victim, witness, complainant, or offender by any staff or another inmate. This includes acts or attempts to commit such acts including but not limited to sexual assault, sexual abuse, sexual harassment, sexual contact, conduct of a sexual nature or implication, obscenity, and unreasonable or unnecessary invasion of privacy. Sexual misconduct also includes, but is not limited to, conversations or correspondence which suggests a romance or sexual relationship involving any person mentioned about. Sexual misconduct is also a range of behavior or situations that include inappropriate remarks, sexualized name-calling, correspondence, conversations, inappropriate displays, fondling, inappropriate viewing, and sexual contact with individuals vulnerable to the authority of the justice system. Sexual misconduct is not limited to unwanted sexual contact. It is never appropriate for a staff member to make sexual advances or comments, or to engage in sexual contact with an adult inmate. Nor is it appropriate for an inmate to approach a staff member sexually. Sexual acts or contacts between inmates, even when both people want to, are not allowed.

Allegations – Events, which are said to have occurred, but which have not been verified.

Sexual Contact – Shall include, but shall not be limited to, all forms of sexual contact as well as the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, lips, or buttock, of any person with an intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desire of any person.

Sexual Abuse – Shall include, but shall not be limited to, subjecting another person to contact by persuasion, inducement, enticement, or forcible compulsion; subjecting to sexual contact another person who is incapable of giving consent by reason of their custodial status; subjecting another person to sexual contact who is incapable of consenting by reason of being physically helpless or retrained, or mentally incapacitated; and raping, molesting, prostituting, or otherwise sexually exploiting another person.

Sexual Harassment – Shall include, but shall not limited to, unwelcome sexual advances, request for sexual favors, disrobing or requesting that another person disrobe without a legitimate penological objective, making sexually offensive comments or gestures (including drawings/artwork), or other verbal or physical conduct of a sexual nature.

Sexual Assault – Any sexual contact or sexual intercourse as defined by State Statue 940.225(5) (b) and (c) and State Statue 940.225(2) H
What to do if you are assaulted? If you are sexually assaulted, you should report it immediately to staff, who will offer you immediate assistance and protection if needed. Staff will also refer you for a medical examination and clinical assessment free of charge. Even though you may want to clean up after the assault, it is very important NOT TO shower, wash yourself, drink or eat anything, change your clothing, or use the bathroom before you see the medical staff. Medical staff will need to gather any physical evidence of the assault, examine your injuries (which may not be seen to you) and check you for sexually transmitted infections. Please remember that by reporting the crime of a sexual assault or sexual misconduct right away, you are assisting in helping stop this harmful behavior and sending a message to the perpetrator that this behavior is wrong.

Below are the links for the PREA Annual Reports:

2017 PREA Annual Report

2018 PREA Annual Report

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