For The Prevention, Detection, Response, and Monitoring of
Sexual Abuse in:

Juvenile Facilities

GLOSSARY

The following are terms that are used throughout the standards, and agencies should note and understand the definitions of these terms as provided below to ensure proper compliance with the standards. The Commission wishes to draw special attention to the fact that the definitions of sexually abusive conduct that appear here differ from the definitions used by the Bureau of Justice Statistics (BJS). The Commission recognizes that the BJS definitions have been used by agencies for data collection purposes but has formulated somewhat different definitions to capture the full range of conduct the standards seek to address. Additionally, the Commission has deliberately excluded definitions for resident-on-resident indecent exposure and voyeurism. Legal definitions for indecent exposure and voyeurism rely on the concept of a sphere of privacy, and although residents have a legally cognizable privacy interest, that interest is extremely limited by security interests. Because the extent of residents’ privacy rights necessarily varies according to legitimate security needs, so too would the circumstances in which it would be appropriate to penalize residents for indecent exposure and voyeurism, complicating the task of setting forth a clear policy and consistent practice of enforcement. The reality is that residents are in states of undress around other residents and staff on a regular basis, raising the possibility that residents might be penalized for conduct that is part of the ordinary course of life in confinement.

Age appropriate: A way of communicating, explaining, interviewing, or providing services to a resident that is suitable for the resident’s age and level of emotional and cognitive development.

Agency: The unit of a governing authority with direct responsibility for the operation
of any facility that confines residents, including the implementation of policy as set by the governing authority.

Agency head: The chief authority of a Federal, State, or local juvenile justice or law enforcement system.

Allegation: An oral, written, or electronic statement that sexual abuse has occurred or might occur that is provided to a staff member or outside agency.

Audit: A thorough investigatory review of information, including written records and interviews with staff and residents, to determine whether and the extent to which an agency’s and/or facility’s policies, practices, and protocols comply with the PREA standards.

Auditor: An individual or entity that the jurisdiction employs or retains by contract to perform audits. An auditor may also be authorized by law, regulation, or the judiciary to perform audits; however, an auditor cannot be an agency employee. An auditor is able and prequalified by the U.S. Department of Justice to perform audits competently and without bias. Prequalification does not require prior employment with any particular agency.

Contractor: A person who provides services other than direct services to residents on a recurring basis according to a contractual agreement with the agency (e.g., maintenance contractors).

Credibility assessment: An investigator’s process of conducting interviews and weighing
evidence to determine the truthfulness of victim, witness, and suspect statements.

Critical incident: An occurrence or event, natural or human-caused, which requires an immediate response to protect life, facility safety, or property.

Cultural competence: The ability to work and communicate effectively with people of
diverse racial, ethnic, religious, gender and social groups based on an awareness and understanding of differences in thoughts, communications, actions, customs, beliefs, and values.

Direct care staff: Staff responsible for the direct supervision of residents in housing units, recreational areas, dining areas, and other program areas of the facility.

Employee: A person who works directly for the agency or facility or a person who provides direct services to residents in a facility on a recurring basis according to a contractual agreement with the agency (e.g., contracted medical and mental health providers or contracted food service providers).

Facility: A place, institution, building (or part thereof), set of buildings, or area (whether or not enclosing a building or set of buildings) that is used for the confinement of individuals. A facility may be owned by a public or private agency.

Facility head: The chief authority of an individual confinement facility operated by a Federal, State, or local juvenile justice or law enforcement agency or by a private entity (whether for-profit or nonprofit).

Gender identity: A person’s internal, deeply felt sense of being male or female, regardless of the person’s sex at birth.

Gender nonconforming: A person whose gender identity and/or expression do not conform to gender stereotypes generally associated with his or her birth sex.

Intersex: A condition usually present at birth that involves reproductive, genetic, or sexual anatomy that does not seem to fit the typical definitions of female or male.

Jurisdiction: A legal entity of government with geographic boundaries, such as the United States, a State, a county, or a municipal entity.

Medical practitioner: A health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified medical practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Mental health practitioner: A mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified mental health practitioner” refers to such a professional who has also successfully completed specialized training for treating sexual abuse victims.

Need to know: A criterion for limiting access of certain sensitive information to individuals who require the information to make decisions or take action with regard to a resident’s safety or treatment or to the investigative process.

Pat-down search: A superficial running of the hands over the body of a resident by a staff member to determine whether the resident possesses contraband.

PREA coordinator: A senior-level full-time position that reports directly to the agency head. The PREA coordinator’s responsibilities include developing, implementing, and overseeing the agency’s plan to comply with the PREA standards. He or she is also responsible for ensuring the completion of the assessment checklists in this body of standards.

Preponderance of the evidence standard: The standard of proof used in most civil cases that requires the party bearing the burden of proof to present evidence that is more credible and convincing than the evidence presented by the other party. This standard is satisfied if the evidence shows that it is more probable than not that an event occurred. Preponderance of the evidence is a lesser standard of proof than “beyond a reasonable doubt,” which is required to convict in a criminal trial.

Protocol: Written instructions that guide the implementation of policies.

Report: Any allegation of sexual abuse. See definition of allegation.

Resident: Any person under the jurisdiction of or committed by the juvenile court and confined or detained in a juvenile facility.

Sexual abuse: Encompasses (1) resident-on-resident sexual abuse, (2) resident-on-resident sexual harassment, (3) staff-on-resident sexual abuse, and (4) staff-on-resident sexual harassment.

(1) Resident-on-resident sexual abuse: Encompasses all incidents of resident-on-resident sexually abusive contact and resident-on-resident sexually abusive penetration.

Resident-on-resident sexually abusive contact: Non-penetrative touching (either directly or through the clothing) of the genitalia, anus, groin, breast, inner thigh, or buttocks without penetration by a resident of another resident without the latter’s consent, or of a resident who is coerced into sexual contact by threats of violence, or of a resident who is unable to consent or refuse.

Resident-on-resident sexually abusive penetration: Any sexual penetration by a
resident of another resident. The sexual acts included are:

• Contact between the penis and the vagina or the anus;

• Contact between the mouth and the penis, vagina, or anus; or

• Penetration of the anal or genital opening of another person by a hand, finger,
or other object.

(2) Resident-on-resident sexual harassment: Repeated and unwelcome sexual advances, requests for sexual favors, verbal comments, or gestures or actions of a derogatory or offensive sexual nature by one resident directed toward another.

(3) Staff-on-resident sexual abuse: Encompasses all occurrences of staff-on-resident sexually abusive contact, staff-on-resident sexually abusive penetration, staff-on-resident indecent exposure, and staff-on-resident voyeurism. Staff solicitations of residents to engage in sexual contact or penetration constitute attempted staff-on-resident sexual abuse.

Staff-on-resident sexually abusive contact: Non-penetrative touching (either directly or through the clothing) of the genitalia, anus, groin, breast, inner thigh, or buttocks by a staff member of a resident that is unrelated to official duties.

Staff-on-resident sexually abusive penetration: Penetration by a staff member of a resident. The sexual acts included are:

• Contact between the penis and the vagina or the anus;

• Contact between the mouth and the penis, vagina, or anus; or

• Penetration of the anal or genital opening of another person by a hand, finger,
or other object.

Staff-on-resident indecent exposure: The display by a staff member of his or her uncovered genitalia, buttocks, or breast in the presence of a resident.

Staff-on-resident voyeurism: An invasion of a resident’s privacy by staff for reasons unrelated to official duties or when otherwise not necessary for safety and security reasons, such as peering at a resident who is using the toilet in his or her cell/room; requiring a resident to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a resident’ naked body or of a resident performing bodily functions and distributing or publishing them.

(4) Staff-on-resident sexual harassment: Repeated verbal comments or gestures of a sexual nature to a resident by a staff member. Such statements include demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or profane or obscene language or gestures.

Staff: Employees and volunteers.

Strip search: A search that requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person.

Substantiated allegation: An allegation that was investigated and the investigation determined that the alleged event occurred.

Transgender: A term describing persons whose gender identity and/or expression do not conform to the gender roles assigned to them at birth.

Unfounded allegation: An allegation that was investigated and the investigation determined that the alleged event did not occur.

Unsubstantiated allegation: An allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred.

Victim advocate: An individual, who may or may not be affiliated with the agency, who provides victims with a range of services during the forensic exam and investigatory process. These services may include emotional support, crisis intervention, information and referrals, and advocacy to ensure that victims’ interests are represented, their wishes respected, and their rights upheld.

Video monitoring system: An integrated security system consisting of installed cameras monitored by employees, which augments and/or enhances the ability of employees to provide the sight and sound security necessary to prevent, detect, contain, and respond to incidents of sexual abuse.

Visual body cavity search: A visual inspection of a body cavity, defined as a rectal cavity, or vagina, for the purpose of discovering whether contraband is concealed in it.

Volunteer: An individual who donates his or her time and effort on a recurring basis to
enhance the activities and programs of the agency.