Department of Corrections and Rehabilitation - Operations Manual

Chapter 5 – Adult Custody and Security Operations

Article 44 – Prison Rape Elimination Policy

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54040.15.1 Alleged Victim – False Allegations

  • Following the investigation into sexual violence or staff sexual misconduct, if it is determined that the allegations made were not in good faith or based upon a reasonable belief that the alleged conduct occurred, the offender making the allegations may be subject to disciplinary action. A charge of “making a false report of a crime,” a Division “E” offense, is appropriate only if evidence received indicates the offender knowingly made a false report.  An allegation deemed unsubstantiated or unfounded based on lack of evidence, does not constitute false reporting.