PREA Definitions
Abusive Sexual Contact
Contact of any person without his or her consent, or by coercion, or contact of a person who is unable to consent or refuse AND intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person.
Nonconsensual Sex Acts
Contact of any person without his or her consent, or by coercion, or contact of a person who is unable to consent or refuse AND contact between the penis and vagina or the penis and the anus including penetration, however slight; or contact between the mouth and the penis, vagina, or anus or penetration of the anal or genital opening of another person by the hand, finger, or other object.
Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by an offender toward another offender.
Repeated verbal comments or gestures of a sexual nature to an offender 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.
Any threatened, coerced, attempted, or completed sexual contact, assault or battery between staff and offenders. Any sexual misconduct by staff directed toward an offender, as defined in California Code of Regulations (CCR), Section 3401.5 and Penal Code (PC) Section 289.6. The legal concept of “consent” does not exist between staff and offenders; any sexual behavior between them constitutes sexual misconduct and shall subject the staff member to disciplinary action and/or to prosecution under the law.
Title 15 section: 3401.5. Staff Sexual Misconduct:
(a) For the purposes of this section, staff sexual misconduct
means any sexual behavior by a departmental employee, volunteer,
agent or individual working on behalf of the Department of Corrections
and Rehabilitation, which involves or is directed toward an
inmate or parolee. The legal concept of “consent” does not exist between departmental staff and inmates/parolees; any sexual behavior
between them constitutes sexual misconduct and shall subject the
employee to disciplinary action and/or to prosecution under the
law. Sexual misconduct includes, but is not limited to:
(1) Influencing or offering to influence an inmate’s/parolee’s
safety, custody, housing, privileges, parole conditions or programming,
or offering goods or services, in exchange for sexual favors;
or
(2) Threatening an inmate’s/parolee’s safety, custody, housing,
privileges, work detail, parole conditions or programming because
the inmate/parolee has refused to engage in sexual behavior; or
(3) Engaging in sexual act(s) or contact, including:
(A) Sexual intercourse; or
(B) Sodomy; or
(C) Oral Copulation; or
(D) Penetration of genital or anal openings by a foreign object,
substance, instrument or device for the purpose of sexual arousal,
gratification, or manipulation; or
(E) Rubbing or touching of the breasts or sexual organs of another
or of oneself, in the presence of and with knowledge of another,
for the purpose of sexual arousal, gratification, or manipulation; or
(F) Invasion of privacy, beyond that reasonably necessary to
maintain safety and security; or disrespectful, unduly familiar, or
sexually threatening comments directed to, or within the hearing
of, an inmate/parolee.
(4) Display by staff, in the presence of an inmate, of the staff
person’s uncovered genitalia, buttocks, or breast;
(5) Voyeurism by a staff person including volunteers or independent
contractors. Voyeurism is defined as an invasion of privacy of
an offender by staff for reasons unrelated to official duties.
(b) Penalties. All allegations of staff sexual misconduct shall
be subject to investigation, which may lead to disciplinary action
and/or criminal prosecution.
(c) Reporting Requirements. Any employee who observes, or
who receives information from any source concerning staff sexual
misconduct, shall immediately report the information or incident
directly to the hiring authority, unit supervisor, or highest-ranking
official on duty. Failure to accurately and promptly report any incident,
information or facts which would lead a reasonable person to
believe sexual misconduct has occurred may subject the employee
who failed to report it to disciplinary action.
(d) Confidentiality. Alleged victims who report criminal staff
sexual misconduct falling into one of the Penal Code section set
forth in Government Code Section 6254(f)(2) shall be advised that
their identity may be kept confidential pursuant to Penal Code Section
293.5, upon their request.
(e) Retaliation Against Employees. Retaliatory measures against
employees who report incidents of staff sexual misconduct shall not
be tolerated and shall result in disciplinary action and/or criminal
prosecution. Such retaliatory measures include, but are not limited
to, unwarranted denials of promotions, merit salary increases,
training opportunities, or requested transfers; involuntary transfer
to another location/position as a means of punishment; or unsubstantiated poor performance reports.
(f) Retaliation Against Inmates/Parolees. Retaliatory measures
against inmates/parolees who report incidents of staff sexual misconduct shall not be tolerated and shall result in disciplinary action
and/or criminal prosecution. Such retaliatory measures include, but
are not limited to, coercion, threats of punishment, or any other
activities intended to discourage or prevent an inmate/parolee from
reporting sexual misconduct.
(g) Protection Measures. Multiple protection measures shall be
considered to protect inmate victims who report staff sexual misconduct or cooperate with staff sexual misconduct investigations
including but not limited to housing changes or transfers for inmate
victims, removal of alleged staff from contact with victims, and
emotional support services for inmates or staff who fear retaliation
for reporting staff sexual misconduct or sexual harassment or for
cooperating with investigations.
Cisgender – A person whose gender identity aligns with their sex assigned at birth.
Gender expression – External manifestations of gender. Expressed through names, pronouns, clothing, behavior, voice, etc.
Gender identity – Distinct from sexual orientation and refers to a person’s internal, deeply held sense of being male or female; a person’s sense of identification as male, female, neither, or both.
Gender nonconforming – Gender characteristics and/or behaviors that do not conform to those stereotypically associated with a person’s sex assigned at birth.
Gender pronoun – Third person singular personal pronoun such as “he”, “she” or “they.”
Honorific – A form of respectful address typically combined with an individual’s last name, such as “Mr.” or “Ms.”
Intersex – An umbrella term used to describe natural bodily variations. Can include external genitalia, internal sex organs, chromosomes, or hormonal differences that transcend typical ideas of male and female.
Need-to-know basis – When the information is relevant and necessary in the ordinary performance of that employee’s or contractor’s official duties.
Non-Binary – This is an umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of, strictly, either female or male. May or may not identify as transgender, may have been born intersex, use gender-neutral pronouns (e.g. they, them theirs), or may use terms such as agender, genderqueer, gender fluid, Two Spirit, bi-gender, pangender, gender non-conforming, or gender variant. Non-binary gender identities have been recognized by cultures throughout history and around the world, as well as by legal systems in the U.S. and other countries, medical authorities, and researchers. Studies show that non-binary people face frequent discrimination, harassment, and violence in areas of life including education, employment, health care, and the criminal justice system.
Transgender – A person whose gender identity differs from their assigned sex at birth.
Transgender man – A person whose assigned sex at birth was female but who understands oneself to be male.
Transgender woman – A person whose assigned sex at birth was male but who understands oneself to be female.
Transition – The term that is often used to describe the time period when transgender people start publicly living their lives in accordance with their gender identity. Transition often includes a change in dress, hairstyle and physical appearance; the use of a new name; and a change in pronoun preference (e.g., from “he” to “she,” or vice versa). During transition, some, but not all, transgender people may begin to undergo medical treatments (e.g., hormone therapy or surgery) to change their physical bodies to match their gender identity.