ii

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Preventing And Responding to

Corrections-Based Sexual Abuse: 

A Guide For Community Corrections Professionals

December 2009

American Probation and Parole Association

With 

The International Community Corrections Association

And

Pretrial Justice Institute

Through funding from the 

Bureau of Justice Assistance, U.S. Department of Justice
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

iii
iv

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Author

Carrie E. Abner

with

Jane Browning

John Clark

Project Staff

American Probation and Parole Association

Carl Wicklund

Executive Director

Carrie Abner

Research Associate

Lisa Ginter

Administrative Assistant

John R. Higgins

Creative Design and Layout

International Community Corrections Association

Jane Browning

Executive Director

Pretrial Justice Institute

John Clark

Director of Technical Assistance

Bureau of Justice Assistance Project Manager

Julius Dupree

Policy Advisor
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

v

Acknowledgments

This document draws on the ideas and expertise of many individuals across the country who graciously committed their 

time and efforts to assist in its development. The American Probation and Parole Association (APPA) would like to thank Jane 

Browning (International Community Corrections Association) and John Clark (Pretrial Justice Institute) in particular for 

their many contributions as project partners. This project would not have been possible without their tireless efforts to assist 

in conceptualizing, drafting, reviewing, and revising the guidebook. 

In addition, APPA would like to thank the members of the Working Group on the Prison Rape Elimination Act & 

Community Corrections, who greatly contributed to the drafting and review of the guidebook. Their willingness to share their 

experience and expertise is gratefully acknowledged and appreciated. The working group members and their organizational 

affiliation at the time of their service are listed below.

Mr. James Berger

Maryland Division Of Parole & Probation

Ms. Jane Browning

International Community Corrections Association

Mr. Dan Catley

Virginia Department Of Criminal Justice Services

Mr. John Clark

Pretrial Justice Institute

Mr. Cliff Keenan

DC Pretrial Services Agency

Dr. Dean Kilpatrick

National Crime Victims Research & Treatment Center

Mr. Terry Marshall

Attic Correctional Services, Inc.

Mr. Dennis Potts

Harris County Pretrial Services (TX)

Mr. Bob Sudlow

Ulster County Probation (NY)

Mr. Tom Williams

Court Services And Offender Supervision Agency (DC)

In addition, Andie Moss (The Moss Group), Brenda Smith and Jaime Yarussi (WCL/Project on Addressing Prison Rape), 

and Phyllis Modley and Dee Halley (National Institute of Corrections) provided helpful comments, advice, and guidance 

throughout the project. Their leadership and expertise on corrections-based sexual abuse have been integral to national efforts 

to safeguard America’s correctional environments, and their willingness to provide insights for this particular guidebook is 

greatly appreciated.

Project staff is also grateful for the guidance of APPA’s Executive Director, Carl Wicklund, during the process of developing 

this document. He was instrumental in developing the initial concept and provided helpful feedback on each draft.

Special thanks goes to Andrew Molloy, Gary Dennis, and Julius Dupree of the Bureau of Justice Assistance for their role 

in steering the project, and for their assistance to project staff in the preparation and review of this document. Their input was 

vital to the development of this guide. 
vi

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Foreword

On September 4, 2003, President George W. Bush signed into law the Prison Rape Elimination Act (PREA), the first 

ever federal legislation addressing the issue of sexual assault in correctional settings. Unfortunately, the name of the act can be 

misleading—it is not just about prisons, and it is not just about rape. The act addresses sexual abuse in all custodial corrections 

settings, including prisons, jails, police lock-ups, juvenile detention facilities, and community residential settings. Moreover, 

the act addresses all types of sexual misconduct in which an offender is the victim, including abuse by fellow offenders as well 

as sexual misconduct committed by a staff person of the correctional program. 

The issue of corrections-based sexual assault is complex and has implications reaching far beyond correctional institutions. 

In the development of the law, Congress found that “prison rape endangers the public safety by making brutalized inmates 

more likely to commit crimes when they are released—as 600,000 inmates are each year... [and that] victims of prison rape 

suffer severe physical and psychological effects that hinder their ability to integrate into the community and maintain stable 

employment upon their release from prison”(PREA, 2003). In addition, offenders may find themselves at risk of sexual assault 

by other offenders or by staff while under community corrections supervision. For these reasons, the community corrections 

field has a responsibility to join broader efforts to address corrections-based sexual assault.

This document provides guidance to community corrections officials, both supervisors and line staff, regarding the 

prevention, reduction, detection, and punishment of sexual misconduct perpetrated on those under supervision of community 

corrections, whether that misconduct occurs within facilities or under community supervision. One useful way of thinking 

about the targeted population is to consider the exposure of persons to sexual misconduct in any of the following settings: 

prisons, jails, juvenile detention centers, or halfway houses; on parole, probation, pretrial release, or bail; in a day reporting 

center, pretrial diversion program, as well as a drug, mental health, or other specialty court; on community service, or under 

any supervision through a private provider. 

Community corrections professionals face a number of challenges that are particular to their field: working with a range 

of criminal offenders, including violent and nonviolent, adults and juveniles, and men and women; carrying heavy and often 

highly diverse caseloads with limited time and resources available for individual clients; balancing the equally important 

responsibilities of holding offenders accountable for their crimes while providing needed social services to promote their 

rehabilitation; and managing potentially dangerous offenders in a community setting. Without doubt, the community 

corrections field is a highly stressful profession in which the stakes are incredibly high—for the officer, for the offender, and 

for the general public. 

While at first glance it may appear that guidelines on preventing and addressing sexual violence add yet another element 

to an already overwhelming set of tasks that community corrections professionals are expected to accomplish. The purpose of 

this guidebook, however, is not to require additional work from officers, but rather to demonstrate how line staff can do their 

job more effectively through the adoption and use of simple strategies and practices. Critical to this end is the provision of a 

safe environment for offender supervision, whether in a probation or parole office, a community residential program, a halfway 

house, or during pretrial release. 

The Process of Developing the Guide

In 2006, the Bureau of Justice Assistance (BJA) awarded the American Probation and Parole Association (APPA), in 

partnership with the International Community Corrections Association and the Pretrial Justice Institute, a cooperative 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

vii

agreement to develop guidance for front-line community corrections staff and supervisors on implementing the provisions of 

PREA in their daily work with offenders. In this effort, APPA conducted a national survey of community corrections agencies 

requesting information on existing policies and procedures related to sexual assault issues, as well as on the need for additional 

information and training on the topic.

In addition, APPA established a working group comprised of representatives from a variety of community corrections 

agencies including probation and parole, pretrial services, and residential community corrections agencies, as well as national 

experts on sexual assault victimization and PREA. Based on the results of the survey, as well as available research, the working 

group determined that the guide should address the following topics:

•	 The Prison Rape Elimination Act & Sexual Assault in Corrections

•	 Overview of Sexual Harassment & Violence in the Workplace

•	 Recognizing the Signs of Sexual Abuse

•	 Working with Sexual Assault Victims

•	 Reporting Sexual Assault

•	 Information Sharing: Considerations for Sexual Assault Cases in Corrections

•	 Sexual Assault Investigations

•	 Supervision Strategies for Victims and Perpetrators of Sexual Assault

•	 Preventing Sexual Assault in Community Corrections

The Purpose of the Guide

While an effective response to sexual assault issues requires attention from all levels of a community corrections agency, 

the purpose of this guide is to provide information to front-line community corrections professionals about corrections-based 

sexual assault, PREA, and the various roles those front-line professionals play in addressing this issue. This guide is designed to 

serve as a how-to book for community corrections officers, providing background information on the problem of correctionsbased sexual abuse, the impact of victimization on offender behavior, and practical steps that front-line officers and supervisors 

can take to better prevent and respond to incidents of sexual violence. 

The guide was developed for front-line community corrections officers and supervisors, and it should be noted that this 

target audience represents a wide variety of individuals serving in a diverse set of roles. The field of community corrections 

covers a range of programs and services including, but not limited to, probation, parole, work release, halfway houses, pretrial 

services, community service, and substance abuse treatment programs. The intention of this guide is to provide a general 

overview of corrections-based sexual assault as it relates to line staff and supervisors in community corrections agencies. Given 

the diversity of the community corrections field, this guide does not presume to cover the vast range of issues, situations, and 

circumstances that are relevant to all community corrections professionals. Rather, users of the guide are encouraged to explore 

how the information provided relates to one’s own work as a community corrections employee and how best to incorporate the 

general principles conveyed in the document into his or her daily practice.

This guide should not be used in isolation. It is meant as a companion piece to a variety of resources available to officers. 

Most importantly, line staff and supervisors should consult existing agency policies and procedures addressing the issue of sexual 

assault and staff sexual misconduct. In the instance that such policies and procedures do not already exist, this guidebook may 

assist officers in beginning a dialogue with agency administrators on the need for administrative guidance on this topic.

It should be noted that this guide does NOT attempt to train community corrections officers to be sexual assault treatment 

providers, nor does it try to teach officers to be victim advocates. Rather, the purpose of the guide is to help officers better 

identify the signs of sexual assault victimization, provide valuable information to victims about available treatment options, 

and design supervision strategies appropriate for both sexual assault victims and perpetrators. 
viii

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Table of Contents

Section 1:

Sexual Violence & Community Corrections................................................................................................. 1

Section 2:

Sexuality, Violence & the Correctional Environment.................................................................................. 7

Section 3:

Offenders as Victims? The Impacts & Implications of Offender Victimization..................................15

Section 4:

Identifying & Working with Victims ...........................................................................................................23

Section 5:

Responding to Abuse: The Role of Community Corrections Staff........................................................33

Section 6:

Protecting Offenders, Preventing Abuse...................................................................................................45

References.......................................................................................................................................................50

Appendices

A. Suggested Readings.................................................................................................................................................................... 56

B. The American Probation and Parole Association Code of Ethics......................................................................................... 57

C. International Community Corrections Association Code of Ethics ....................................................................................... 58

D. National Association of Pretrial Service Agencies Code of Ethics..................................................................................... 60

E. The American Probation and Parole Association Resolution on Staff Sexual Misconduct............................................... 61

F. State Criminal Laws Prohibiting Sexual Abuse of Individuals Under Community Corrections Supervision..................63
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

ix

Section One

Sexual Violence 

& Community 

Corrections
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

1

Introduction

A Portland, OR, probation officer was convicted of sexually abusing five teenage boys under his supervision between 1994 

and 2002. Additional charges of abuse against the officer were dismissed following the suicide of one of his alleged victims. 

He was convicted in 2005 and sentenced to 80 years in prison (Roberts, March 4, 2005; “Oregon Youth Authority,” February 

6, 2007).

In Concord, NH, a former corrections officer was sentenced to 20 to 40 years in prison for raping a female under his 

supervision at the Shea Farm halfway house. According to news reports, he was the highest-ranking officer assigned full-time 

to the halfway house, where he worked nights and supervised other officers. In addition, he had the authority to rule on 

low-level disciplinary reports, bedroom assignments, and inmate visit requests. The officer is currently awaiting criminal trial 

for additional charges of sexual and physical assault of female inmates (“Timmins, December 13, 2007; Timmins, March 29, 

2008).

Two Prince William County (VA) female corrections officers were charged with carnal knowledge of an inmate, after 

engaging in a sexual relationship with a male inmate on home incarceration. The officers, an entry-level corrections officer and 

a master jail officer with nearly 20 years of experience, were off-duty when the incidents allegedly occurred but had custodial 

rights over the inmate (Vargas, August 15, 2007; Goodman, August 17, 2007).

Why discuss corrections-based sexual assault now? 

These and other recent incidents of sexual violence within America’s corrections systems have brought this matter to 

the foreground among public policymakers, researchers, and corrections professionals, resulting in growing attention to and 

activities surrounding the issue. 

The 1996 Human Rights Watch Report, “All Too Familiar: Sexual Abuse of Women in U.S. State Prisons,” revealed the 

extent of sexual assault of female inmates, predominantly by male correctional staff, in California, Georgia, Illinois, Michigan, 

New York, and the District of Columbia. This report fostered new discussions and actions to better prevent and address staff 

sexual misconduct in correctional facilities at the state and national levels. These and other incidents of staff sexual misconduct 

across the country prompted a series of lawsuits against state departments of corrections (DOCs). 

These high-profile cases also spurred legislative action across the country to better prevent and respond to staff sexual 

misconduct. While only 16 states and the District of Columbia had laws in place prohibiting sexual misconduct with 

offenders in 1990, today all 50 states, the District of Columbia, Puerto Rico, and Guam have statutes criminalizing staff sexual 

misconduct (Smith, 2007). 

More recently, the U.S. Congress passed the Prison Rape Elimination Act (PREA) of 2003, which supports the 

elimination, reduction and prevention of sexual assault, including abuse by correctional staff and by inmates, in federal, 

Section One

Sexual Violence & Community Corrections
2

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Terminology

Community Corrections Professionals

Pretrial, probation, and parole supervision are 

specific types of supervision afforded to defendants 

and adjudicated offenders who are released into 

the community at various times during the justice 

process. In addition, staff members of halfway houses, 

community residential facilities, residential treatment 

programs, and day reporting facilities also provide 

supervision of offenders in the community. The 

inclusive terms used for all are community supervision

or community corrections. Personnel who supervise 

defendants or offenders in the community are referred 

to as officers or agents, depending on the jurisdiction. 

In this document, they also may be referred to as 

professionals or practitioners. 

Offenders, Inmates, Supervisees, and 

Defendants

There are several categories of individuals, both adult 

and juvenile, who come in contact with the corrections 

field, including inmates in prisons, jails, and lock-up 

settings; offenders under community supervision; 

defendants who may be detained or released under 

supervision pretrial; and those who are participating 

in a pretrial diversion program. It is important to note 

that those who have not been convicted of current 

charges are legally referred to as defendants, which 

distinguishes them from other inmates and offenders 

detained in correctional institutions or under community 

corrections supervision. For ease of reference, 

however, in this document, the term offender is used 

to refer generally to all categories of individuals 

who are in contact with the corrections field. The 

term inmate is used to describe an individual under 

custodial supervision in a prison or jail environment, 

while supervisee or individual under supervision is used 

to refer to an individual under community corrections 

supervision. Meanwhile, when issues specific to pretrial 

defendants are discussed, the term defendant is used. 

Correctional Setting or Environment

Given the breadth of the environments covered by 

PREA—prisons, jails, lock-ups, juvenile detention 

centers, and community corrections settings—the terms 

correctional settings or correctional environments are 

used to describe any or all of these.

state, and local prisons, jails, lock-ups, private facilities and community 

residential facilities. Passed unanimously by Congress and signed into law 

by President George W. Bush, PREA established a zero-tolerance policy 

for sexual assault in America’s correctional settings. 

Once fully implemented, PREA will: establish national standards 

for the detection, reduction, prevention, and punishment of prison 

rape; provide for data collection and information dissemination on the 

incidence of prison rape; and provide training, technical assistance and 

grant funding to assist states and localities to reduce and prevent the 

incidence of sexual violence. States that fail to implement the national 

standards, once they are fully developed, may suffer a five-percent 

reduction in federal funds for prison programs. 

Why should community corrections care about 

corrections-based sexual assault?

One of the biggest challenges for incorporating the principles of 

PREA in the policy and practice of community corrections lies in the 

name of the law itself—the Prison Rape Elimination Act. Unfortunately, 

since its passage, PREA has been widely misunderstood as being relevant 

only to our nation’s prisons, with many in the community corrections 

field wondering, “What does PREA have to do with me?”

It is important to note that PREA applies to all custodial corrections 

settings, including prisons, jails, police lockups, private facilities, and 

community-based corrections facilities. As such, a number of community 

corrections facilities fall directly under the jurisdiction of PREA, including 

community residential facilities, pretrial detention, and halfway houses. 

In addition, staff sexual misconduct laws in 43 states and the District of 

Columbia cover at least some form of community corrections (NIC/

WCL Project on Addressing Prison Rape, 2009). 

Moreover, the entire community corrections field has an important 

role to play in ensuring the prevention and response to corrections-based 

sexual assault as asserted in PREA. In developing the law, Congress 

found that “prison rape endangers the public safety by making brutalized 

inmates more likely to commit crimes when they are released—as 600,000 

inmates are each year... [and that] victims of prison rape suffer severe 

physical and psychological effects that hinder their ability to integrate 

into the community and maintain stable employment upon their release 

from prison” (PREA, 2003). Inmates who have been victimized while 

incarcerated bring the trauma of their assaults with them back to the 

community. If not properly addressed, their victimization may make it 

more difficult for them to transition back into community life and to 

succeed under community corrections supervision, which may result in 

technical violations and rearrests. 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

3

The Prison Rape 

Elimination Act 

of 2003 (PREA)

PREA was passed by the U.S. Congress and signed 

into law by President George W. Bush on September 

4, 2003, and supports the elimination, reduction 

and prevention of sexual assault and rape within 

America’s correctional settings. PREA applies to all 

federal, state, and local prisons, jails, police lockups, private institutional facilities, and community 

residential facilities. 

PREA establishes a zero-tolerance standard for the 

incidence of sexual assault in correctional facilities 

and makes the prevention of prison rape a top 

priority for all corrections systems. Through the Act, 

the Bureau of Justice Statistics is directed to carry out, 

on an annual basis, a comprehensive statistical review 

and analysis of the incidence and effects of prison 

rape in federal, state, county, and municipal prisons. 

PREA further establishes a national clearinghouse for 

the provision of information, assistance and training 

to federal, state, and local authorities responsible 

for the prevention, investigation, and punishment of 

prison rape, and authorizes the provision of grant 

funding to assist states in protecting inmates and 

safeguarding communities against sexual assault in 

corrections systems.

The Act has also established the National Prison Rape 

Reduction Commission comprising members appointed 

by Congress and the President. The Commission is 

charged with undertaking a comprehensive study of 

prison rape and its impacts on government institutions 

as well as on communities and social institutions. The 

Commission is also tasked with the development of 

recommended national standards to enhance the 

detection, prevention, reduction, and punishment of 

prison rape. 

The Commission released its final report and 

recommended standards on June 23, 2009. The 

U.S. Attorney General has one year from this date 

to consider the Commission’s recommendations and 

publish a final rule adopting national standards for 

the detection, prevention, reduction, and punishment 

of prison rape. Upon adoption, the standards will 

be applied immediately to the Federal Bureau of 

Prisons. In addition, PREA mandates a five-percent 

reduction in federal grant funds designated for 

prisons in states that fail to adopt and comply 

with the standards. Further, the Act prohibits the 

receipt of any federal grants by penal accreditation 

organizations that fail to adopt accreditation 

standards for the detection, prevention, reduction, 

and punishment of prison rape.

Corrections-based sexual assault also poses a significant public health 

risk. According to the Bureau of Justice Statistics, 1.7 percent of prisoners 

under the jurisdiction of state and federal correctional authorities in 2005 

either had been infected with the human immunodeficiency virus (HIV) 

or had confirmed AIDS (Maruschak, 2007). By contrast, the Centers 

for Disease Control report that the rate of HIV infection among the U.S. 

household population at yearend 2006 was .45 percent (2008). In other 

words, incarcerated inmates in U.S. prisons suffer from HIV/AIDS infection 

at a rate of nearly four times that of the general population.

The estimated prevalence of other communicable diseases, including 

sexually transmitted diseases, hepatitis B and C, and tuberculosis, is also 

significantly higher among American prison and jail inmates than in the 

general U.S. population. According to the National Commission on 

Correctional Health Care, the estimated rate of inmates infected with 

hepatitis C in 1997 was between nine and ten times higher than the 

estimated rate of cases among the total U.S. population. Likewise, the 

prevalence of tuberculosis among inmates was estimated to be between 4 and 

17 times higher than among the total U.S. population in 1996 (Hammett et 

al., 2002). 

Many offenders are returning to their communities with these diseases. 

A 2008 study by the Urban Institute, in which 1,100 returning prisoners 

were interviewed before and after their release, indicates that one-fifth of 

the releasees reported having been diagnosed with a chronic communicable 

disease, including HIV/AIDS, hepatitis, and tuberculosis. While most 

prisoners with HIV were treated for their conditions while incarcerated, 

many of those suffering from other chronic communicable diseases received 

no treatment during their stay in prison (Mallik-Kane and Visher, 2008). 

Given that the majority of probationers and parolees spend some time in 

custody—either following their arrest, as part of a split sentence, or following 

a violation of their community supervision sentence—the community 

corrections field has an obvious role in safeguarding communities against 

the effects of sexual victimization in correctional facilities.

Moreover, staff sexual misconduct, whether it occurs in custodial settings 

or in the community, jeopardizes the safety of staff and offenders and erodes 

trust in and respect for the field of corrections (Smith and Yarussi, 2007). 

Correctional staff who engage in sexual misconduct with offenders put the 

safety of their colleagues, other offenders, and the larger community at risk, 

in addition to harming the victim, by compromising the system of power 

and authority necessary to hold offenders accountable and ensure public 

safety. Meanwhile, inappropriate relationships between staff and offenders 

delegitimize the work of corrections, putting undue strain on the already 

challenging task of promoting offender accountability and rehabilitation. 
4

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Why does Community 

Corrections Care about PREA?

The Prison Rape Elimination Act (PREA) directly affects community corrections agencies, 

namely probation and parole authorities. Similar to federal, state, and local prisons and 

jails, many community corrections agencies provide direct custodial care to juvenile or adult 

offenders through the use of detention, lock-ups, shelters, and community residential facilities. 

Consequently, they are responsible for the safety and well-being of individuals committed to 

their care and custody and directly subject to the provisions of PREA. Of course, probation 

and parole authorities supervise the majority of offenders in the community. However, most 

probationers and parolees are detained or incarcerated either immediately following their 

arrest, as part of a split sentence imposed by the court or as a result of having violated the 

terms and conditions of their community supervision sentence. Indeed, a majority of offenders 

sentenced to community supervision spend some period of time detained or incarcerated.

Congressional hearings have revealed that victims of prison rape suffer severe physical 

and psychological effects that hinder their ability to integrate into the community and maintain 

stable employment upon their release from prison. They are thus more likely to become 

homeless and require government assistance. To the extent that offenders are treated 

humanely while they are detained or incarcerated, we can expect they will integrate more 

successfully into the community. The field now understands that the process of offender reintegration starts with the intake process at a prison or jail facility; and those entrusted with 

providing inmate security and programming have a profound impact on reentry and community 

safety.

Probation and parole authorities, and to a much larger extent, jail and prison 

administrators, are governed primarily by state laws that protect individuals in their care from 

sexual assault. This includes various state laws that require probation and parole authorities, as 

mandated reporters, to report child abuse and neglect. Federal law also protects individuals 

from prison rape or sexual assault. In Farmer v. Brennan, 511 U.S.C. 825 (1994), the Supreme 

Court held that deliberate indifference to the substantial risk of sexual assault violates 

prisoners’ rights under the Cruel and Unusual Punishments Clause of the Eighth Amendment and 

that further, the Due Process Clause of the Fourteenth Amendment extends its application to 

states.

PREA, when fully implemented, will set new national standards for the detection, 

prevention, reduction, and punishment of prison rape. In PREA, prison has been broadly 

interpreted to include prisons, jails, lock-ups, detention, and placement facilities, shelters, and 

community residences for juvenile and adult offenders. The term “inmate” means any person 

incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or 

adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, 

probation, pretrial release, or diversionary program. “Rape” is defined as the sexual assault 

or sexual fondling of the individual through force or where the victim is incapable of giving 

consent because of his or her youth, temporary, or permanent mental/physical incapacity or 

confinement. Prison rape endangers public safety by making brutalized inmates more likely 

to commit crimes when they are released. In addition we know that HIV and AIDS are major 

public health problems within America’s correctional facilities. Infection rates for other sexually 

transmitted diseases, tuberculosis, and hepatitis B and C are also far greater for prisoners 

than for the American population as a whole. Prison rape undermines the public health by 

contributing to the spread of these diseases; its prevention enhances the public health of our 

communities.

Community corrections professionals understand that the experience of offenders while 

incarcerated has a direct effect on their subsequent behavior in the community. Increasingly, 

emphasis is placed on utilizing this time to assess risk and need, identify criminogenic factors, 

and implement effective programming that will better prepare offenders for successful re-entry 

and result in safer communities.

Excerpt from “PREA Statewide Probation and Parole Direction,” February 1, 2007, The National Institute of Corrections and The Moss Group, Inc.

What role do community 

corrections line staff 

play in preventing and 

responding to sexual 

violence?

Given the relationships developed 

with offenders, their families, and 

friends, front-line community 

corrections staff are in a unique position 

to detect sexual assault victimization 

and perpetration in correctional 

environments. Through conversations 

with offenders; information received 

from families, friends, employers, 

and external agencies; and direct 

observation of offender activities, line 

staff are the eyes and ears of community 

corrections. Sexual assaults are among 

the nation’s most underreported crimes, 

and experts estimate that the majority 

of prison rape victims are likewise 

unwilling to report abuse, particularly 

while incarcerated. Former inmates 

may be more likely to report abuse 

once released into the community, and 

community corrections professionals 

can play an important role in ensuring 

an appropriate response.

Equally important, line staff and 

supervisors can play an important 

role in preventing sexual assaults from 

occurring. Through their work with 

offenders, line staff serve as the conduit 

of information to offenders, and 

should inform offenders of their rights 

to be protected against sexual assault—

whether by other offenders, agency 

staff, volunteers, or contractors—

while under correctional supervision. 

Community corrections staff also have 

a responsibility to report any suspected 

misconduct between other employees 

and offenders. By holding their peers 

accountable for sexual misconduct, 

community corrections professionals 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

5

contribute to the development of a culture of zero tolerance within their 

agency. 

Given the multifaceted structure of the community corrections 

field, community corrections staff are also in a position to provide access 

to a range of treatment and services for both victims and perpetrators 

of correctional sexual assault. Through referrals to community sexual 

assault treatment programs, mental health clinicians, and others, as well 

as through the development of supervision strategies that address the 

needs and concerns of both victims and perpetrators of sexual assault, 

community corrections professionals can play an important role in 

providing a comprehensive response to sexual assault and in ensuring that 

victims receive the services needed for recovery.

Terminology

Prison Rape

There are a variety of definitions for correctionsbased sexual assault. The Bureau of Justice Statistics 

identifies a range of sexual violence in corrections 

settings including nonconsensual sexual acts, abusive 

sexual contacts, and staff sexual misconduct (Beck et 

al., 2007). 

Abuse by Offenders

Abuse by offenders involve sexual contacts by 

an offender with another offender without his or her 

consent, or with another offender who is unable to 

consent or refuse.

Nonconsensual sexual acts represent the most 

serious incidents between offenders and include:

• Vaginal or anal intercourse; or,

• Oral intercourse; or, 

• Penetration of the anal or genital openings 

of another person by a hand, finger, or other 

object against his or her consent, under coercion 

through threats of violence, or in circumstances 

in which an offender is unable to consent or 

refuse.

Abusive sexual contacts represent less serious 

incidents between offenders and include:

• Intentional touching, either directly or through 

the clothing, of the genitals, anus, breast, inner 

thigh, or buttocks of any offender against his 

or her consent, under coercion through threats 

of violence, or in circumstances in which the 

offender is unable to consent; and,

• Incidents in which the intention is to sexually 

exploit (rather than to only harm or debilitate).

Abuse by Staff

Abuse by staff includes sexual acts or behaviors 

that occur, either consensually or non-consensually, 

between a correctional employee, volunteer, official 

visitor, or agency representative and an offender.

Staff sexual misconduct includes any sexual act 

or behavior, either consensual or non-consensual, 

which occurs between an offender and a correctional 

employee, volunteer, official visitor, or agency 

representative, including:

• Intentional touching of the genitals, anus, 

groin, breast, inner thigh, or buttocks with 

the intent to abuse, arouse, or gratify 

sexual desire; or,

• Completed, attempted, threatened, or 

requested sexual acts;

• Indecent exposure, invasion of privacy or 

staff voyeurism for sexual gratification.
6

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Section Two

Sexuality, Violence 

& the Correctional 

Environment
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

7

Despite widespread public familiarity with the phenomenon of prison rape, the true extent of the problem is largely 

unknown. Previous studies on the incidence of sexual coercion and assault in prisons across the country have been largely 

inconclusive (Saum et al., 1995), ranging from less than 1 percent (Tewksbury, 1989) to as much as 22 percent (StruckmanJohnson et al., 1996) of inmates reporting being victimized during their incarceration. Much less is known about the incidence 

of such misconduct in community corrections settings.

As a direct result of the passage of PREA, the U.S. Department of Justice now collects data on the incidence of sexual 

violence in American correctional facilities. Results from a recent survey of federal and state inmates suggest that 4.5 percent 

have been victims of sexual assault during their incarceration whether at the hands of other inmates (2.1 percent), correctional 

staff (2.9 percent), or both (0.5 percent) (Beck and Harrison, 2007). 

Measuring the incidence of sexual assault among the general population is difficult, and additional challenges are added 

when determining the incidence of sexual abuse within correctional environments. In order to better understand the obstacles 

inherent in studying the extent of corrections-based sexual assault, it is necessary to take a closer look the sexual culture of 

correctional environments more generally. This section provides an overview of sexuality and sexual violence in correctional 

contexts, and will describe the inherent challenges involved in measuring rates of sexual violence in these settings. This section 

also describes sexual harassment in the workplace, the implications of sexual harassment in a community corrections setting, 

and ways that community corrections agencies and staff can provide a safe environment in which to supervise offenders. 

Sexuality & Sexual Violence in Correctional Environments 

Sexual assault is one of the least reported crimes in America. According to official statistics, fewer than 40 percent of all 

rapes and sexual assaults were reported to law enforcement in 2005 (Catalano, 2006). Research indicates that victims of rape 

and sexual assault in the community are reluctant to report these crimes to law enforcement due to shame and humiliation 

about the incident, fear that others (including family) will find out about the rape or assault, or fear that they will not be 

believed (Kilpatrick et al., 1992). As a result, measuring the prevalence of rape and sexual assault in the community is a difficult 

task. 

Likewise, experts suggest that discrepancies in the results of sexual assault prevalence studies in correctional environments 

likely stem from underreporting by victims, including both reporting of assaults to authorities as well as disclosure of sexual 

abuse for academic research purposes. While sexual assault victims in correctional environments face many of the same obstacles 

that prevent victims in the community from reporting, the harsh realities of the correctional—and particularly the custodial—

environment may compound these reporting barriers. For instance, male inmates may be too ashamed to admit that they have 

been victimized—particularly in an environment often ruled by machismo where physical strength means power—and may 

fear reprisal from their attackers. Considering their status as inmates, victims may also fear that corrections officials will neither 

believe their reports nor act upon them appropriately. 

Section Two

Sexuality, Violence & the Correctional Environment
8

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Even anonymous reporting of corrections-based sexual assault for research purposes may be problematic, as disclosures 

of sexual abuse are influenced by the way in which questions are asked and by whom. For instance, surveys may be conducted 

in a written format and offenders who have limited reading or writing skills may therefore not answer questions accurately. 

Moreover, some offenders may be hesitant to disclose sexual abuse victimization during a face-to-face interview, given the 

stigma and humiliation often associated with these types of assaults. As researchers studying the prevalence of correctionsbased sexual assault have attested, “available statistics must be regarded as very conservative at best, since discovery and 

documentation of this behavior are compromised by the nature of prison conditions, inmate codes and subculture and staff 

attitudes” (Cotton and Groth, 1982, p. 48). 

Adding to this challenge is the nature of prison and jail sexuality itself. While sex among inmates is largely prohibited by 

correctional systems and sex between staff and inmates is prohibited by law in all 50 states, it has been well documented that 

sexual activity among inmates, and between staff and inmates, occurs within facilities (Lockwood, 1980; Wooden and Parker, 

1982; Donaldson, 1993; Hensley, 2002; Smith, 2006). Not all sex among inmates and between staff and inmates is the same, 

however. Recognizing the various manifestations of prison sex is critical to fully understanding the dynamics of correctionsbased sexual assault.

Just as inmates often have an unwritten policy not to report behavior violations or criminal 

activities committed by one another, corrections staff are known to follow a similar pact among 

their colleagues. The “code of silence,” as it is commonly known, is an unspoken rule that exists 

among many corrections employees to maintain loyalty to one another in an environment that 

often pits corrections personnel against the offender population, as well as against facility 

administrators. As a result, corrections personnel may refuse to report on the unethical, even 

illegal, behaviors of their colleagues, including sexual misconduct. Moreover, given the “us against 

them” mentality that often fosters the development of a code of silence, corrections staff may 

view inmates as unworthy, given their crimes, and may therefore believe that any maltreatment 

they experience—either at the hands of other inmates or by corrections officers—is deserved. 

Such a mentality puts the safety and security of the entire corrections setting in danger while 

also jeopardizing the reputation and legitimacy of the entire corrections profession. Former 

Massachusetts Corrections Commissioner Kathleen Dennehy has argued, “Left unchecked 

and unchallenged an established code of silence results in an increase in violence and in 

the dangerousness of our prisons.” She adds, “We know that many offenders go through 

life believing that the rules and laws do not apply to them. If the system in which they are 

incarcerated lacks integrity and moral order, their notions regarding law and order are 

reinforced” (Dennehy and Nantel, 2006, p. 177). 

Unfortunately, the code of silence undermines efforts to effectively address corrections-based 

sexual assault, as it encourages corrections officials to turn a blind eye to sexual misconduct 

and abuse committed by staff and inmates, alike. While not present in all correctional settings, 

the code remains a pervasive factor in a number of systems and facilities. While building 

and maintaining loyalty and camaraderie among staff is critical in such difficult workplaces as 

correctional settings, it must not come at the cost of providing a safe, secure environment in which 

inmates are able to live and be successfully rehabilitated. 

The

Code

of

Silence
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

9

Sexual Activity Among Inmates

Despite the fact that most prisons and jails prohibit inmates from 

engaging in sexual activities, sex among inmates is not uncommon. In fact, 

researchers have documented sexual activity among incarcerated individuals 

for decades (Fishman, 1934; Sykes, 1958; Kirkham, 1971; Lockwood, 1980; 

Wooden and Parker, 1982; Donaldson, 1993), and have analyzed the various 

reasons for which prisoners engage in sex as well as the different manifestations 

of sexual activity that occur, including the following:

Consensual sex among inmates. Researchers and corrections professionals 

have long recognized that consensual sex occurs, even where prohibited, 

among inmates in jails and prisons. Inmates who are homosexual or bisexual 

may engage in sexual acts with other inmates of the same sex, just as they 

may in the community. Consensual sex may also occur between otherwise 

heterosexual inmates and inmates of the same sex, in a phenomenon researchers 

call “situational homosexuality.” 

Coercive sex among inmates. In addition to consensual sex among inmates, 

offenders may engage in sexual activity with other offenders through a variety 

of coercive means. Inmates may agree to engage in sex as a result of threats, 

intimidation, or bribery by another inmate. In other cases, inmates may resort 

to carrying out sexual acts with other inmates as a way to pay off debts for 

protection, for commissary items, or other goods or services. For instance, 

young inmates who are naïve to the ways of prison life may accept “gifts” in the 

forms of snacks, protection, or friendship from a more seasoned inmate, only 

to face demands to repay the inmate for such gifts through sexual favors. 

While the threat of physical violence is often used to coerce inmates into sexual 

activity, this is not always the case. As a result, incidents of coercive sex may 

not be properly identified as abuse. Discerning coercive sex from consensual 

sex is often difficult among corrections professionals, who may incorrectly 

assume that both parties are consenting to the activity. In addition, as a 

victim of coercive sex may not sustain the types of physical injuries that are 

common in cases of violent sexual assault, he or she may not be identified as 

a victim of abuse by health care providers and others trained to detect signs 

of sexual assault. Inmates who have been subjected to coerced sex may not 

consider themselves sexual abuse victims, given the lack of physical force used 

in the incident. As such, victims may experience intense levels of shame and 

humiliation, as well as possible sexual identity crises, as a result of “consenting” 

to homosexual relations in these cases. 

Violent sexual assault among inmates. On the opposite extreme of the prison 

sex continuum from consensual sex is violent sexual assault, characterized by 

the use of physical force and/or violence against the victim. Violent sexual 

assault may occur between two inmates—the aggressor and the victim—or 

among multiple inmates, i.e., a gang rape. While victims of violent sexual 

What Do You Do?

Following are several scenarios of interactions between 

and among supervisees and community corrections 

professionals. For each situation, consider the behavior of 

all parties. How would you respond in these situations?

Scenario 1: You are a probation officer in a juvenile 

probation office. You have noticed that a fellow probation 

officer often sees supervisees at the very end of the 

working day when many officers have already gone home. 

It is not uncommon for the officer to close the door to his 

windowless office during office visits with the juveniles 

under his supervision. While you have witnessed no explicit 

misconduct on his behalf, you can’t help but wonder about 

his patterns in working with juveniles. What do you do? 

Response suggestions: It is critical that any suspected abuse 

of supervisees is reported to the appropriate authorities 

immediately in order to prevent any additional abuse. 

Reporting requirements and procedures, however, may differ 

from agency to agency. In this scenario, the officer should 

refer to internal agency protocols for reporting suspected 

abuse and report his/her concerns to the appropriate 

supervisor or administrator.

Scenario 2: You recently took a staff position in a 

halfway house for female offenders. The halfway house 

provides dorm room-style residency for 20 women who 

have previously been incarcerated for a range of criminal 

activities, including prostitution and drug-related crimes. 

As a new employee, you are “mentored” by an older staff 

member who previously served as a corrections officer in 

a state women’s prison. One evening, you arrive for your 

night shift shortly before your mentor returns in an agency 

van along with one of the female residents, long after 

curfew. Once inside the halfway house, the resident hurries 

back to her room. When you ask your colleague what 

happened, he says, “She gave me some lip earlier. You 

know, every now and then you just gotta take some time 

to let these gals know who’s in charge.” He then gives you 

a wink before leaving the facility for the night. What do 

you do?

Response suggestions: In this scenario, while the officer has 

not witnessed an actual incident of assault, the resident’s 

behavior as well as that of his mentor indicates that abuse has 

likely occurred. As a first response, the officer should check on 

the resident to assess whether she may be in need of medical 

treatment or mental health support. Also, as in the previous 

scenario, reporting suspected abuse of offenders immediately 

is critical. Internal agency protocols for reporting suspicions 

of abuse should be referenced and the appropriate authorities 

should be informed of the incident. 

Scenario 3: As a pretrial services officer, you are 

conducting an interview of a very young, thin male 

defendant being held in a jail for a minor crime. He has 

been in the jail for a week following his firs t arrest, and 

appears particularly shaken. He repeats several times that 

“you just gotta get me out of here,” and you notice several 

bruises on his arms and face. When you ask about his 

treatment within the jail, he shrugs and mumbles, “It sucks, 

and I don’t want to talk about it. Just get me released.” 
10

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Response suggestions: In this scenario, the detainee 

has visible signs of abuse, but has refused to discuss his 

treatment with you. Your suspicions of abuse should 

be reported immediately to the appropriate supervisor 

or authority within your agency. Moreover, the jail 

administrator in the facility in which the detainee is being 

held should be notified immediately. Concerns about the 

physical and emotional safety of the detainee should also 

be considered and included, when appropriate, in any 

pretrial report provided to the courts. 

Scenario 4: As an employee of a residential community 

corrections facility, you and your colleagues spend a 

great deal of time working directly with the residents. 

You recognize the importance of building a good 

rapport with the residents in order to best assist 

them in transitioning to community life and achieving 

rehabilitation. Recently, you were spending time with 

several residents and another colleague in the facility’s 

recreational room. During that time, several dirty jokes 

were exchanged, including some by your colleague. 

By the end of the conversation, some of the offenders, 

as well as your colleague, begin making sexually 

inappropriate comments about one of the female 

staff members. While you enjoy getting to know the 

residents, you feel that this behavior is inappropriate. 

What do you do? 

Response suggestions: As part of developing and 

maintaining an agency culture of zero tolerance, it is 

critical that staff members at all levels make it clear that 

sexual abuse, harassment, and other types of inappropriate 

conduct will not be tolerated. In this scenario, the officer 

may consider discussing the inappropriate behavior 

with his colleague and suggest alternatives for engaging 

residents in more constructive ways. In addition, the 

officer should be clear with the residents involved that 

inappropriate sexual remarks about staff or other 

residents will not be tolerated. 

Scenario 5: You are a probation officer arriving at 

the local jail to see an individual on your probation 

caseload who has recently been arrested for a new 

crime. Upon your arrival at the jail, you go to say hello 

to the jail intake officer. You notice that the intake 

officer has a sexually suggestive calendar hanging 

at his desk. During your conversation with him, he 

makes several offensive, homophobic jokes. While no 

detainees are in his office at the time, there are several 

detainees waiting in a nearby lobby, within earshot. 

What do you do?

Response suggestions: In this scenario, the officer 

witnesses both an environment and behavior that are 

sexually inappropriate. During the conversation with the 

intake officer, the probation officer should refrain from 

responding to inappropriate jokes by laughing, smiling, 

etc. Moreover, the probation officer may consider sharing 

his/her concerns with an appropriate authority within the 

probation department, and suggest that those concerns be 

further shared with the appropriate authorities at the jail. 

assault may self-identify as either homosexual or heterosexual, aggressors are 

typically heterosexual. Despite engaging in sexual relations with an individual 

of the same sex, an aggressor is often able to maintain his or her heterosexual 

status through the use of force. Heterosexual victims of violent prison sexual 

assault, however, are often referred to as “punks” or “turnouts” following an 

attack. 

While these activities may more commonly occur in prisons, jails, 

and other custodial settings, they can also occur in community corrections 

settings.

Sexual Activity Between Corrections Staff and Offenders

In contrast to sexual behaviors among inmates in correctional settings, 

no sexual activity between staff and offenders can be considered consensual in 

nature. Rather, given the authority that corrections staff have over the offenders 

they supervise, there is an unequal power dynamic that exists between the two 

parties. Offenders may feel powerless to deny a staff member’s flirtations or 

requests for an intimate relationship. On the other hand, an offender may 

use a sexual relationship he or she has developed with a staff member in order 

to gain power within the correctional environment, which may lead to such 

outcomes as the manipulation of compliance reports or the failure to act on 

violations. Because of the unequal power dynamics which exist between staff 

and offenders, sexual relationships that develop between the two parties put 

at grave risk the safety and security of the agency, facility, other staff members, 

and offenders. 

As a result, all 50 states, the District of Columbia, and the U.S. territories 

of Puerto Rico and Guam have developed and passed laws criminalizing 

sexual relations between corrections staff and inmates, otherwise known as 

staff sexual misconduct (SSM). Additionally, some forms of community 

corrections agencies and staff are covered under these laws in 42 states and 

the District of Columbia. It is critical for all community corrections officials 

to be aware of state law on staff sexual misconduct and its application to the 

community corrections field. For more information on state laws prohibiting 

staff sexual misconduct in community corrections, please see Appendix F. 

In addition to state laws prohibiting staff sexual misconduct, many 

community corrections agencies have developed internal agency policies 

prohibiting conduct of a sexual nature between staff and offenders. These 

policies typically define prohibited behavior and relationships between staff 

and offenders, identify the requirements of staff to report existing abuses, and 

outline disciplinary measures, including termination, for staff determined 

to be engaged in misconduct. All community corrections professionals 

should be aware of both relevant state law as well as agency policies regarding 

inappropriate staff conduct with offenders.

What Do You Do?
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

11

Sexuality & Sexual Harassment in the Workplace: Implications for Community 

Corrections Settings

Rarely are work environments completely free of sexual interactions and behaviors. Flirtation, bantering, and the 

exchange of off-color jokes among employees are fairly common in office settings, factories, and other places of employment. 

Other behaviors that are more explicitly sexual in their nature, including dating relationships among employees, also occur 

within the working environment and have garnered greater scrutiny in recent years. Beginning in the 1990s, several high 

profile sexual harassment cases sparked heightened interest and debate about sexuality and appropriate behavior in the working 

environment.

While the workplace has devoted an increasing amount of attention and resources to preventing and addressing 

inappropriate sexual interactions in the years since, many questions remain about the specific behaviors and activities that 

constitute sexual harassment. What is sexual harassment? What kinds of behavior are appropriate, or inappropriate, in a 

working environment? And how does this translate to the community corrections workplace and to the prevention of sexual 

abuse?

Achieving Zero Tolerance

Primary among the purposes of the Prison Rape Elimination Act (PREA) of 2003 is the establishment of a zero-tolerance standard 

for the incidence of sexual assault in corrections settings. But what exactly does a zero-tolerance standard mean for community 

corrections, and how can it be achieved among community corrections professionals?

In essence, a zero-tolerance standard indicates that an agency will not tolerate sexual abuse of any kind within its environment 

and that it will take any necessary steps to ensure that incidents of sexual abuse are responded to appropriately. One of the 

many ways that correctional agencies and facilities are working to meet a zero-tolerance standard is through the development of 

policies and procedures that aim to protect offenders against sexual abuse and provide guidance for agency personnel on how to 

properly respond to incidents of assault if and when they occur. 

Although these steps are important, achievement of the zero-tolerance standard cannot be fulfilled through the development of 

policies and procedures alone. Rather, all employees, volunteers and contractors of an agency must contribute to a culture of zero 

tolerance for sexual abuse to achieve safety, security, and fairness for everyone involved.

What does this mean for community corrections professionals? Contributing to a culture of zero tolerance includes reporting any 

known or suspected incidents of sexual assault and harassment that occur within an agency facility or program. It means reporting 

suspicions of staff sexual misconduct between a colleague and an individual under community corrections supervision. It means 

reporting incidents of sexual assault that may have occurred in institutional settings that are revealed by offenders now under the 

care of community corrections, and providing support to the victim. 

Contributing to a culture of zero tolerance also means informing supervisees of their right to be protected against sexual abuse 

while under community corrections care and that any incidents will be properly investigated and addressed. 

Reflect on the culture within your agency. Does your agency have a zero-tolerance policy for sexual abuse? How do you 

contribute (or fail to contribute) to a culture of zero tolerance within your agency? How could you better help the agency fulfill a 

zero-tolerance standard or policy? 

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________
12

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

According to the Equal Employment Opportunity Commission (EEOC), 

sexual harassment is defined as “unwelcome sexual conduct that is a term or 

condition of employment” (EEOC, 1990). It is important to note that victims 

of sexual harassment do not have to be of the opposite sex as the harasser; sexual 

harassment between individuals of the same sex can, and does, occur. 

The EEOC categorizes sexual harassment into two distinct types: quid pro 

quo and hostile environment. 

Quid pro quo harassment occurs when a person of authority demands sexual 

favors from a subordinate and makes employment decisions, including firing and 

promotions, based on submission to those demands. 

The more common form of sexual harassment is categorized as hostile work 

environment, in which an employee engages in unwelcome and inappropriate 

sexually-based conduct that makes the workplace environment intimidating, 

hostile, offensive, or abusive. To be recognized as sexual harassment, such behavior 

must be considered unwelcome, based on sex, and severe or pervasive in nature. 

Generally, a single inappropriate act does not constitute sexual harassment in 

and of itself. Rather, a pattern of offensive behaviors that are unwelcome and 

sexually-based is typically required in order to determine that sexual harassment 

has rendered the workplace a hostile working environment.

While flirting with a colleague or telling an offensive or an inappropriate or 

sexual joke may not constitute sexual harassment in isolation, there is no clear, 

definitive line between behaviors that constitute sexual harassment and those that 

do not. Therefore, employees should be cautious when engaging in any sexual 

interactions or conduct in the workplace. The following questions can serve as a 

guide for employees to monitor the appropriateness of their behavior at work:

•	 Would I be embarrassed if my supervisor or boss saw me engage in this 

behavior?

•	 Would this behavior be considered offensive or humiliating by any of 

my colleagues?

•	 Do I have any formal power or authority over this person, which may 

limit my co-worker’s ability to participate willingly in this activity or 

behavior?

•	 Would my colleague (or colleagues) consider this behavior overly 

familiar?

While it is critical that an employee in any working environment be aware of 

the dangers of sexually inappropriate behaviors or conduct, it is particularly so for 

individuals working for and with the public, including community corrections 

professionals.

Given the power and authority that community corrections professionals 

hold over individuals under supervision, setting appropriate professional 

The Daily Dozen

It is important to ensure that correctional 

employees maintain healthy professional 

boundaries with the offenders they supervise. 

The following self-check questions were 

designed to assist correctional staff in assessing 

their own behavior with offenders and 

identifying areas in which professional and 

ethical boundaries are at risk of being crossed.

• Do you look forward to seeing a particular 

offender when you come to work?

• Have you done anything with an offender 

that you would not want your family or 

your supervisor to know about?

• Would you be reluctant to have a coworker observe your behavior for an 

entire day?

• Do you talk about your personal matters 

with offenders?

• Do you believe that you can ask an 

offender to do personal favors for you?

• Have you ever received personal advice 

from an offender?

• Have you said anything to an offender 

that you would not want tape recorded?

• Do you have thoughts or fantasies of 

touching a particular offender? Does this 

extend to planning how you can be alone 

with that offender?

• Do you think you have the right to touch 

an offender whenever and wherever you 

want to do so?

• Do you look forward to sharing good/bad 

news with a particular offender?

• Do you think offenders are not allowed to 

say “no” to you, no matter what you ask?

• Have you ever allowed an offender to 

talk to you about sexual experiences or 

sexual fantasies, or to tell sexual jokes in 

your presence? Have you ever shared 

these things with an offender?1

If you responded “yes” to any of the 

above questions, it may indicate that you are 

at risk of crossing professional boundaries 

with an offender. You may wish to consider 

speaking with a supervisor about your concerns 

or to seek outside counseling assistance in an 

effort to prevent any additional inappropriate 

conduct. 

1 Adapted from “The Daily Dozen,” developed by Teena Farmon, 

former warden of the Central California Women’s Facility in 

Chowchilla, CA.
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

13

boundaries with offenders is critical to avoid situations that can lead to—or be misconstrued as—interactions of a sexual 

nature between a staff person and an offender. First and foremost, community corrections officers must be aware of their 

internal agency policies and protocols on officer/offender relationships, including prohibited activities and guidelines regarding 

conflicts of interest. 

In addition to complying with existing agency policies on maintaining professional officer/offender relationships, 

community corrections professionals should ask themselves the following questions to assess the appropriateness of their 

behaviors and interactions with offenders:

•	 Are my actions directed at meeting my needs or the needs of the offender? 

•	 Have I been clear in defining my role as a community corrections employee and the professional boundaries of the 

officer/offender relationship?

•	 Have my actions with the offender, including decisions regarding his/her supervision requirements or privileges, been 

consistent with professional standards and practice? Have I granted any special favors or privileges to an offender?

•	 Is my behavior with offenders in compliance with agency policies and procedures on maintaining professional 

relationships with offenders?

•	 Have I developed any friendships or other personal relationships with any offenders under supervision?

•	 Do I provide personal information to any offenders?

•	 How would my colleagues react to the patterns of my behavior and interactions with offenders under supervision? 

Would they consider any interactions to be inappropriate?

•	 Do I touch any offender in a way that could be considered personal or sexual in nature?

•	 Do I accept gifts or personal favors from offenders? Do I give gifts or personal favors to offenders?1

Although answering “yes” to any of these questions does not necessarily mean that professional boundaries with an offender 

have been breached, positive responses may indicate that an employee is at risk of jeopardizing a healthy officer/offender 

relationship. When there is any doubt about the appropriateness of an action, behavior, or relationship with an offender, 

assistance should be sought. In addition to help that may be available within the agency’s human resources department or 

through supervisor support, community corrections agencies often provide employee assistance programs or insurance for 

private counseling. 

2 Adapted from Claudia Newman, “Boundary Issues in the Professional/Client Relationship,” Journal of Community Corrections, Fall 2007. 
14

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Section Three

Offenders as Victims? 

The Impacts & 

Implications 

of Offender 

Victimization
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

15

Section Three

Offenders as Victims? 

The Impacts & Implications of Offender Victimization

Sexual abuse and violence have severe and long-lasting effects on victims, including physical, emotional, and behavioral 

consequences. Experiencing a sexual assault can be life-changing for an individual, and even a single event can result in a variety 

of immediate, short-term, and long-term effects on the victim (Dumond, 2006). 

Studies have revealed a number of immediate, short-term, and long-term consequences of sexual assault victimization, 

although it is important to note that the majority of this research has focused primarily on female victims in the community. 

Immediately following an assault, victims often express feelings of loss of control. In addition, victims may experience physical 

pain and injuries, as well as an intense fear of further harm or death. Other symptoms often described by victims immediately 

following an attack include shock and disbelief.

Short-term effects of sexual assault may include a variety of psychological problems, including post-traumatic stress 

syndrome (PTSD), rape trauma syndrome (RTS), anxiety, depression, and suicidal tendencies. Research indicates that a 

significant proportion of rape victims in the community experience PTSD as a result of their assaults, ranging from nearly onethird of victims (Kilpatrick et al., 1992) to as much as 49 percent (Littleton and Breitkopf, 2006). Typical symptoms exhibited 

by PTSD sufferers include chronic anxiety, depression, and flashbacks. In addition, contraction of HIV/AIDS, tuberculosis, 

hepatitis B and C, and other sexually transmitted infections (STIs), as well as pregnancy may result in the short-term.

In the long-term, victims may abuse alcohol and other substances in an effort to forget the attack or to dull the emotional 

and physical impact of the rape. Victims may also exhibit sexually promiscuous behaviors following an attack, begin to victimize 

others, or become more violent or aggressive in their behavior (Dumond, 2006). 

Following is a list of physical, emotional, and behavioral effects that are typical among sexual assault victims.

 It is important to note, however, that each individual deals with sexual assault victimization in his or her own way, and 

responses and coping strategies can vary widely depending on a range of variables, including the age of a victim, the victim’s 

gender, available support networks, a victim’s relationship with the perpetrator, and the quality of responses by law enforcement, 

medical, and other community service providers. While the responses listed below represent typical reactions to sexual assault, 

they are not meant to be an exhaustive list of ways in which individuals may respond to an assault.
16

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Possible Physical Effects of Sexual Assault

•	 Pain

•	 Injuries

•	 Nausea

•	 Vomiting

•	 Headaches

•	 Changes in sleep patterns

•	 Sudden sweating or heart palpitations

Possible Behavioral Effects of Sexual Assault

•	 Hypervigilance 

•	 Insomnia

•	 Exaggerated startle response/jumpiness

•	 Panic attacks

•	 Eating disorders

•	 Self-mutilation

•	 Exaggerated feelings/responses to stimuli

•	 Increased use of violence and aggressive behavior

Possible Emotional/Psychological Effects of 

Sexual Assault

•	 Shock/denial

•	 Irritability/anger

•	 Depression

•	 Social withdrawal

•	 Numbing/apathy (detachment, loss of caring)

•	 Restricted affect (i.e., reduced ability to express 

emotions)

•	 Nightmares/flashbacks

•	 Difficulty concentrating

•	 Diminished interest in activities

•	 Loss of self-esteem

•	 Loss of security/loss of trust in others

•	 Guilt/shame/embarrassment

•	 Impaired memory

•	 Loss of appetite

•	 Suicidal thoughts

•	 Substance abuse

•	 Psychological disorders

•	 Sudden mood swings

•	 Feelings of helplessness and loss of control

•	 Feelings of extreme anger and hostility(particularly 

among male victims)

•	 Minimization of the assault 

•	 Feelings of self-blame, guilt

•	 Feeling “dirty”

The Impact of Corrections-Based Sexual Abuse on Victims

Offenders are often viewed as unsympathetic individuals who, because of their crimes, deserve all aspects of their 

experiences under correctional supervision, even when they include abuse. In May 1994, the Boston Globe reported on a poll 

of 400 registered voters in Massachusetts in which half of the participants agreed that “society accepts prison rape as part of the 

price criminals pay for their wrongdoing” (Sennott, 1994). 

For many correctional personnel, it may be difficult to recognize that offenders can also be victims. In reality, however, 

many criminal offenders have also been victimized at some point in their life. According to the Bureau of Justice Statistics, 

19 percent of state prisoners, 10 percent of federal inmates, and 16 percent of jail inmates and probationers reported being 

abused prior to their current sentence (Harlow, 1999). The study further revealed that nearly half of the women in correctional 

populations and a tenth of men report prior abuse. 

For offenders under correctional supervision, the effects of a sexual assault often mirror those experienced by rape victims 

in the community. In many cases, however, the physical, social, emotional, and behavioral impacts of sexual assault can be 

exacerbated when it occurs within the correctional environment. 

 Adapted from National Center for Victims of Crime, “Sexual Assault,” http://www.ncvc.org/ncvc/Print.aspx?PrintableZoneID=Cell_3&PrintableVertionID=WP_Print134679_WPZone. 

Accessed, 4/28/08.
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

17

Gender Differences in Victimization Experiences

and Responses

While experiences of sexual abuse and assault can be devastating for all victims, males, and females often experience 

sexual violence in very different ways, and may adopt distinct response strategies and coping mechanisms following an 

assault. 

Male Victims of Sexual Abuse 

• In 2005, one in ten rape victims was male (NCVC, 

2008b).

• Men are less likely to report a sexual assault. While 

fewer than 39 percent of all rapes are reported, 

females have been shown to report their rapes over one 

and a half times more often than males (NCVC, 2008b).

• Male victims face increased stigmatization and 

humiliation as a result of their victimization due to 

typical gender roles and expectations. Following an 

assault, male victims may question their sexual identity 

and preferences, and may feel as if they’ve lost their 

“manhood” (RAINN, 2008b).

• Gang rape is more common, weapons are more likely to 

be used, and physical injuries are more likely and more 

severe in cases involving male victims compared to those 

involving females (NCVC, 2008b).

• The majority of male sexual assault victims adopt a 

controlled response to their victimization, in which they 

may display few emotions and minimize the experience 

(Pino and Meier, 1999). To others, it may appear that 

the victim has sustained little physical or emotional injury 

as a result of the assault.

Female Victims of Sexual Abuse

• One out of every six American women has been the 

victim of an attempted or completed rape at some point 

in their lives (RAINN, 2008a).

• More than 70 percent of female victims are assaulted 

by someone they know (family member, friend, 

acquaintance, etc.).

• Female victims report less than 39 percent of all 

attempted and completed sexual assault incidents to 

law enforcement (National Center for Victims of Crime 

(NCVC), 2008a).

• Approximately 39 percent of rape victims have been 

victimized more than once, with 5 percent of victims 

reporting they were unsure how many times they had 

been assaulted. In 29 percent of all forcible rape 

cases, the victim was less than 11 years old, while in 32 

percent of such cases, the victim was between 11 and 

17 years of age (Kilpatrick et al., 1992).

• Among women offenders in prison, jail, and on 

probation, between 13 and 25 percent report prior 

sexual abuse beginning as children and continuing into 

adulthood (Harlow, 1999).

Physical Impacts of Corrections-Based Sexual Abuse

The physical consequences of sexual assault victimization can be significantly more dangerous in an institutional setting. 

Offenders who experience sexual abuse while incarcerated are much more likely to be physically assaulted during attacks, and 

often experience multiple incidents of abuse (Dumond, 2006). According to a Human Rights Watch report, “rape in prison 

can be almost unimaginably vicious and brutal. Gang assaults are not uncommon, and victims may be left beaten, bloody and, 

in most extreme cases, dead” (Human Rights Watch, 2001). 

Research also indicates that inmates who are abused in prison endure an average of nine incidents of coerced or forced sex, 

and that a significant proportion of incidents involve multiple perpetrators. In one study, 35 percent of male inmate targets 

surveyed reported being forced to have intercourse by two or more perpetrators (Struckman-Johnson, 1996). Many inmate 

victims, therefore, may experience ongoing trauma and fear of further attacks throughout the period of incarceration, and even 

beyond.

Inmate victims of sexual assault also have a heightened risk of contracting HIV/AIDS and other sexually transmitted 

infections as a result of their victimization. HIV/AIDS, hepatitis B and C, tuberculosis, and other communicable diseases 

are more prevalent among prison and jail populations than within the general public. This, added to the fact that inmate 

victims often experience multiple attacks by multiple perpetrators, increases the risk of inmate infection due to sexual assault 

(Robertson, 2003).
18

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Post-Traumatic Stress

Disorder and Rape 

Trauma Syndrome

While victims of sexual abuse respond in their own way 

to an assault, many victims develop post-traumatic stress 

disorder (PTSD), an anxiety disorder characterized 

by a series of symptoms following a highly traumatic 

event involving actual or threatened death or injury to 

themselves or others. Sufferers of PTSD may experience 

a sense of intense helplessness or fear, flashbacks, and 

nightmares. Some individuals with PTSD may also avoid 

stimuli associated with the trauma, and may startle easily 

(Trauma Information Pages, 2008).

Other victims of sexual abuse and assault may develop 

Rape Trauma Syndrome (RTS), a variant of PTSD. 

Survivors of sexual assault who develop RTS typically go 

through two distinct phases. In the initial, or acute, phase, 

victims may display a range of emotions. He or she may 

cry, shout, laugh, or remain completely silent. Generally, 

victim responses during this phase can be categorized as 

either expressed or controlled. 

Victims demonstrating the expressed style of response 

tend to display their emotions openly. They may appear 

agitated, talk a lot, cry or laugh, or exhibit a range of 

these behaviors. 

Individuals using the controlled style of response typically 

contain their emotions and may appear to be perfectly 

calm and composed, even numb. They may seem 

detached and minimize both their emotions and the 

gravity of the incident.

Both styles of responses are normal and appropriate in 

the days immediately following an assault. Initially, victims 

may experience severe shock and disbelief that the abuse 

occurred. After the initial shock, victims may feel a range 

of emotions, including anger, humiliation, shame, sadness, 

or fear.

In the second, or reorganization, phase, victims of sexual 

assault learn to cope with their experiences through a 

variety of coping mechanisms, including minimization, 

dramatization, suppression, explanation, and flight. 

While the victim may still express many of the emotions 

displayed during the acute phase, he or she may be more 

willing to seek assistance in addressing the trauma (Rape 

Victim Advocates, 2008; RAINN, 2008c). 

While many victims of sexual abuse and assault may 

develop PTSD or RTS, it is imperative to understand that 

each individual deals with trauma in a unique way. No 

two victims will respond in the same way. While the 

symptoms and behaviors described above are typical 

among sexual assault victims, they are not exhaustive. 

Individuals may adopt different or additional responses 

and coping mechanisms than those listed above. 

Women inmates victimized by male correctional staff have also been 

impregnated, creating a host of both physical and emotional concerns for 

the victim. 

Social Impacts of Corrections-Based Sexual Abuse

Male victims of prison rape may suffer serious social stigmatization 

within the rigid hierarchy of the correctional environment. Heterosexual 

victims of prison rape are often deemed “punks” following a completed 

sexual assault, which compromises their sense of masculinity as well as 

their social standing within the institutional system. 

Moreover, available options for recourse are limited and may be 

equally as damaging to the victim. Following an attack, a victim may 

become aggressive, either against the perpetrator or against other inmates, 

in an attempt to regain his sense of masculinity and social standing. In 

doing so, however, he risks being penalized for violent behavior by 

correctional staff. Alternatively, the victim may choose to “hook up” with 

a sexual partner in exchange for protection against other inmates. While 

this type of behavior is usually adopted as a survival mechanism to avoid 

violent attacks from other inmates, it is often understood as consensual in 

nature by correctional staff (Robertson, 2003). The victim’s perception 

of the relationship may also be skewed; entering into such protective 

partnerships may cause the victim to question his own sexuality and blame 

himself for participating in the relationship. 

For many inmates, reporting the assault to correctional staff may 

be the last resort in an effort to avoid further abuse, as this option can 

pose serious risks to the offender’s safety and well-being. On one hand, 

those who report their victimization may face disbelief by authorities, 

compounding the shame and humiliation already endured as a result of 

the assault. On the other hand, should their reports be taken seriously 

and result in their placement in protective custody, they risk being labeled 

a “snitch” or “rat” by other inmates, the lowest ranking in the prison social 

hierarchy. In addition, the victim may have few opportunities to engage 

in programs, services, and activities available to inmates in the general 

population; in effect, the victim may feel further victimized by a term of 

solitary confinement. 

Emotional Impacts of Corrections-Based Sexual Abuse

All victims of sexual assault endure serious emotional consequences as a 

result of their abuse, but the emotional trauma experienced by an individual 

assaulted while under correctional supervision can be particularly intense. 

In confined settings, such as prisons and jails, offenders may not be able 

to escape their attackers and often face multiple incidents of abuse. As a 

result, victims endure a prolonged sense of fear, terror, and helplessness, 

which may exacerbate their trauma (Dumond, 2006). 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

19

Both male and female offenders report higher rates of prior physical and sexual abuse than individuals in the general U.S. 

population (Harlow, 1999). A significant proportion, between 25 and 39 percent, of women in particular report being sexually 

assaulted prior to their incarceration, and additional incidents of abuse may compound existing feelings of helplessness, loss of 

control, and lack of self-esteem. Research indicates that prior physical and sexual victimization can increase the severity of a 

victim’s trauma and make recovery more difficult (Dumond and Dumond, 2002). 

Meanwhile, male inmates who experience sexual assault at the hands of other men may experience extreme feelings of 

humiliation, shame, and loss of masculinity (Robertson, 2003). Male victims may question their own sexuality, particularly 

when the victim is young. Moreover, given the complex sense of shame that is typical in male rape, men are less likely to report 

their abuse (Pino and Meier, 1999). In cases in which men do report an attack, they are more likely to adopt a more controlled 

response in which they display limited emotion, leading authorities to underestimate the physical and emotional impact of 

their assault (Dumond and Dumond, 2002).

Victims of staff sexual misconduct may also experience an added sense of betrayal given that those individuals charged 

with their protection and supervision instead committed abuses against them. Staff sexual misconduct may also leave victims 

with few options, as their abusers may have the authority to provide offenders with particular privileges, including visitation 

rights and access to community programs and services. Victims may therefore be reluctant to deny advances or report abuses 

out of concern of losing valuable privileges. Further, victims may not report the abuse fearing that their word would not 

be believed against that of a staff person. As a result, victims may not receive needed services, and both their physical and 

emotional injuries may go unaddressed.

• Young offenders

• Offenders who are inexperienced, naïve, or lack “street sense”

• Offenders who are small in stature or physically weak

• Mentally ill or developmentally challenged offenders

• Offenders who are not affiliated with a gang

• Gay, lesbian, bisexual, transsexual, or intersex (GLBTI) offenders

• First-time offenders

• Offenders convicted of sexually-based crimes

• “Snitches,” “rats,” and offenders who break the code of silence

• Offenders who have previously been victimized

Who’s at Risk? 

The “Typical” 

Victim of

CorrectionsBased Sexual 

Assault

While all offenders are at risk of 

sexual abuse and violence within 

correctional settings, research 

indicates that certain categories 

of offenders are victimized at 

higher rates (Hensley et al., 

2005; Hensley et al., 2003; 

Dumond, 2000; Dumond, 2003). 

While understanding the types of offenders who may be at greater risk of sexual assault victimization is 

critical, it should also be noted that no offenders are immune to abuse. All offenders can be victims of sexual 

violence within correctional settings.
20

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Behavioral Impacts of Corrections-Based Sexual Abuse

Studies indicate that violent victimization, including sexual abuse and assault, 

is linked to an increased likelihood of involvement in crime and deviance later in life. 

For instance, studies have found that victims of abuse and violence in childhood and 

adolescence were two to three times as likely to be arrested and to be involved in serious 

and/or violent offenses as an adult (Macmillan, 2001). Researchers have also suggested 

that victimization in adulthood can increase the chances of violent criminality. Peters 

and Peters (1998) note that up to 70 percent of female offenders have been victimized 

at some point in their lives. They go further to highlight suggestions linking violence 

perpetrated against females to the growth of female involvement in violent crime. Others 

point out the long-lasting psychological and behavioral effects of male rape, including 

increased anger, violence, and hostility, common among male victims of sexual assault 

(Walker et al., 2005). 

Some experts also suggest that increased violence and proclivity to reoffend may 

be among the long-term behavioral impacts of prison rape, although this theory has not 

yet been fully tested. According to the Bureau of Justice Statistics, 77 percent of male 

state prison inmates who reported being abused prior to their incarceration had been 

sentenced for a violent crime, compared to 61 percent of male inmates who reported 

no prior abuse. Likewise, 45 percent of female state inmates reporting prior abuse had 

served time for a violent offense, whereas only 29 percent of female inmates who had not 

been abused had been sentenced for violent crimes (Harlow, 1999). 

Dumond notes the common tendency for targets of sexual aggression within prisons 

to act out violently as a strategy to avoid further victimization while incarcerated (2003). 

Likewise, Cotton and Groth (1982) offer that violence is often cyclical, with victims 

ultimately becoming victimizers themselves, suggesting heightened risks not only for 

fellow offenders within a correctional setting, but for the general public as well. These 

authors comment that, “Society then has a vested interest in this issue—some of the men 

in prison are so characterologically traumatized and angry that they retaliate when they 

return to the community by committing acts of physical and sexual violence” (Cotton 

and Groth, 1982, p. 50).

Human Rights Watch, in a report on prisoner rape that contributed to the passage 

of PREA, also pointed out the dangerous impact that corrections-based sexual assault has 

on its victims and the potential implications for community safety. Following interviews 

with inmates during which the long-term behavioral impacts of prison rape were 

discussed, the authors conclude that sexual assault victimization can result in heightened 

use of violence among inmates, both within the institution and in the community. 

“The anger, shame and violence sparked by prison rape—though it may originate in the 

correctional setting—is unlikely to remain locked in prison upon the inmate’s release” 

(Human Rights Watch, 2001, p. 120).

Conclusion

Sexual abuse and assault have serious and long-lasting effects for victims, both in the 

community and within correctional settings. While each victim responds to an assault in 

Cycle of

Abuse? 

A chief probation officer in a small 

community in Connecticut supervised 

more than 150 juveniles as chief 

probation officer during the late 

1980s and 1990s. For several of 

the juveniles under his supervision, 

their experiences on probation 

would change their lives forever, but 

sadly, not for the better.

In 1999, the officer was charged 

with more than 200 counts of sexual 

assault and sentenced to 15 years in 

prison for abusing 15 teenage boys 

on his caseload. His victims have 

recounted how the chief probation 

officer would meet with them in 

a windowless office—sometimes 

in the evening hours—and molest 

them, threatening them with jail time 

should they report the abuse. 

In the years since, eight of the teens 

abused by the officer have become 

sexual abusers themselves. Another 

three of his victims have been 

convicted and served time on assault 

charges. All but one of his victims 

has served time in jail or prison. 

Some officials question whether 

more probationers were victimized 

while under his supervision, though 

there is no evidence of additional 

instances of abuse (Altimari, 2008). 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

21

his or her own unique way, experts have identified a series of physical, emotional, and behavioral symptoms that are common 

among sexual assault victims. 

Victims of sexual violence within correctional environments often display many of the same responses to abuse as those 

common among victims in the community. It is important to note, however, that corrections-based sexual assault can have 

distinct and, in some cases, more severe impacts on its victims, including heightened risks of the transmission of HIV/AIDS 

and other communicable diseases, increased use of violence during assaults, social risks of reporting abuse, fear associated with 

the inability to escape an abuser, and long-term risks of becoming violent following an attack. 

It is critical for community corrections professionals to be aware of the various impacts and implications of sexual assault 

victimization, both among individuals in the community and those in a custodial environment, in order to more fully understand 

the long-term impacts of victimization on an offender’s behavior while under community supervision. The following section 

goes further to discuss specific tips and strategies for working with offenders who have been victims of sexual assault in an effort 

to more fully address their needs, avoid further trauma, and reduce the likelihood of recidivism. 
22

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Section Four

Identifying and 

Working with Victims
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

23

Community corrections line staff play a variety of roles with individuals involved in community corrections, including 

monitoring, promoting behavior change, and providing treatment and services. Within a halfway house setting, line staff may 

be charged with supervising and providing treatment to residents while at the facility, as well as monitoring to ensure that 

they are complying with their conditions during approved absences from the facility for work, treatment, or other purposes. 

Probation and parole officers may meet regularly with an offender within an office environment to ensure that the offender 

is meeting all of the conditions of his or her probation or parole release. In addition, probation and parole officers may 

make home visits to an offender’s residence and may contact an offender’s friends or family to verify his or her activities and 

behaviors. Meanwhile, pretrial service agents may meet with a defendant within a jail setting or, if the defendant is released 

under a supervised pretrial release program, may monitor his or her activities in the community to ensure compliance with 

court-ordered conditions. 

Despite the many different roles that community corrections line staff play to ensure offender accountability and/or 

defendant compliance with court-ordered conditions, line staff often share a common ability to build relationships with the 

individuals they supervise. Line staff are, in many cases, the eyes and ears of the community corrections field, and their skills in 

developing trust and facilitating communications with supervisees is a critical tool in promoting public safety.

These opportunities and skills also put community corrections line staff in a unique position to detect sexual assault 

victimization among their clients. Through conversations with offenders, information received from families, friends, 

employers, and external agencies, and direct observation of offender activities, line staff may receive reports of previous incidents 

of corrections-based sexual assault or may directly witness abuse that occur within the community corrections setting. It 

is critical, therefore, that community corrections line staff be able to recognize the behaviors, attitudes, and symptoms, or 

“red flags,” that are common among sexual assault victims and to work with offenders on their caseloads who may have been 

victimized. 

This section provides guidance to line staff on identifying sexual assault victims and working with those victims who are 

under community corrections supervision. This section also discusses specific supervision strategies and considerations that 

may be appropriate for offenders who have experienced corrections-based sexual assault. 

Recognizing the “Red Flags” of Sexual Abuse

Front-line community corrections staff charged with supervising defendants or offenders are in a unique position to learn 

about the behaviors and experiences of those under supervision, including sexual assault victimization. These experiences 

may have occurred previously, or may be going on currently, either by a community corrections staff person or by another 

offender or defendant. In either case, given the stigma associated with sexual assault and the power that the code of silence 

has in preventing the reporting of corrections-based sexual abuse, an offender may not directly report his or her victimization. 

Therefore, it is critical for community corrections staff to be aware of the various “red flags” of sexual abuse—the key physical, 

emotional and behavioral signs that can indicate that an individual may have been victimized. 

Section Four

Identifying & Working with Victims
24

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Possible Physical Signs of Abuse

•	 Injuries/bruising

•	 Medical reports and/or findings

•	 Hospitalization

•	 Medications

•	 Diagnosis of sexually transmitted diseases

•	 Pregnancy

•	 Unkempt appearance

•	 Sudden loss of weight or weight gain

•	 Self-mutilation

Possible Emotional Signs of Abuse

•	 Low affect, monotone speech

•	 Sudden, dramatic change in personality

•	 Depression

•	 Anxiety

•	 Sudden detachment, self-isolation

•	 Suicidal tendencies

•	 Sudden lack of empathy

•	 Mood swings

•	 Refusal to discuss experiences in correctional settings or boasting about correctional experiences

•	 Sexual identity crisis

Possible Behavioral Signs of Abuse

•	 Demonstration of “predatory” behavior

•	 Intermittant explosive disorder (episodes of extreme aggression that may result in serious assaultive behavior and/or 

destruction of property) 

•	 Becomes sexually manipulative

•	 Development of substance abuse problems

•	 Identifies individuals who should not be contacted as collateral contacts

•	 Expresses a desire to remain in custody

•	 Discusses sexual trauma in hypothetical terms, or on someone’s behalf

•	 Unusual phone logs (e.g., excessive phone communications with a staff member)

•	 Unusual dressing patterns (e.g., dressing up, lack of care about appearance)

•	 Behaviors associated with Post Traumatic Stress Disorder

•	 Taking new medications

•	 Appears out of touch, withdrawn

•	 Lack of eye contact

•	 Uses unusual word choices

•	 Easily startled

•	 Requests specific assignments or change in assignments

•	 Demonstrates addictive behavior

•	 Appears overly dependent on or attached to someone

•	 Appears suicidal

•	 Appears anxious or violent

•	 Spends (or spent) significant periods of time in segregation or isolation

•	 Requests change in program officer for no reason

•	 Demonstrates a lack of personal boundaries, including overly familiar touching, using sexually suggestive language, etc.

•	 Disciplinary reports document sexual activity (consensual or non-consensual) while under correctional supervision
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

25

While not exhaustive, the warning signs listed above provide a general overview of 

the types of physical, emotional, and behavioral signals that supervisees may exhibit that 

could indicate that he or she has been victimized.

There are other red flags that can suggest that a colleague or others within the 

community corrections agency is engaging in inappropriate behavior with clients. 

Examples of these signs may include:

•	 Spending unusual amounts of time with a particular offender

•	 Overlooking infractions or offering special privileges or gifts to a particular 

offender

•	 Frequently spending more time at work than usual (coming in early, leaving 

late)

•	 Requesting a particular shift for no apparent reason

•	 Appearing overly familiar with an offender

•	 Exhibiting excessive interest in the progress or activities of a particular offender

•	 Revealing personal information to—or about—a particular offender

•	 Conducting an unusual number of “closed door” meetings with an offender or 

offenders

Given the low rates of reporting of sexual abuse and assault, community corrections 

staff must be aware of the variety of red flags that can indicate an individual has been 

victimized. The presence of one or more of these, however, should not be taken as proof 

that abuse has occurred. Moreover, their presence may indicate sexual abuse victimization 

that occurred prior to supervision. Additional measures should therefore be taken to 

determine if an individual has been victimized and whether such abuse occurred while 

under correctional supervision. The remainder of this section will focus on ways to verify 

suspected abuse and discuss strategies for working with a victimized supervisee.

Interviewing Skills

One strategy for following up on apparent red flags is through the interviewing 

process. For community corrections professionals, effective interviews of offenders are 

an integral component of the job. Interviews can help identify not only an offender’s 

problem behaviors, triggers, and any emotional or mental underpinnings of patterned 

criminal activity, but also an offender’s strengths, skills, and capacity for behavioral 

change. Moreover, certain interviewing techniques, including motivational interviewing, 

have demonstrated the potential to assist offenders in making choices that lead to prosocial behavior. 

Likewise, interviews with individuals under supervision can uncover experiences 

that may present a challenge to his or her rehabilitation if not addressed appropriately, 

including sexual assault. Community corrections professionals should be aware of the 

potential for interviews to uncover previous victimization experiences and, in such cases, 

should approach interviews carefully so as to avoid the possible re-traumatization of a 

victim. 

Working with 

Victims of

Sexual Abuse

Although the primary purpose 

of this guide is to provide useful 

information to community corrections 

professionals on identifying and 

addressing incidents of correctionsbased sexual abuse, many of the 

principles included in this handbook 

can and should be adopted when 

working with any victim of sexual 

abuse—regardless of where the 

abuse occurred. Increasingly, 

research indicates that many 

criminal offenders have been victims 

of abuse prior to their incarceration, 

and a history of sexual trauma can 

contribute to criminal thinking and 

may affect an offender’s adjustment 

to supervision. Therefore, 

community corrections professionals 

should be in tune to the special 

considerations of all sexual abuse 

victims who are under community 

supervision—not only those who 

have been abused while under 

correctional care. 
26

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Pre-Interview Considerations

•	 Adequate preparation prior to any interview of an individual under community supervision is important; however, 

pre-interview preparation is even more critical if it is suspected that the supervisee may be a victim of sexual abuse. 

The following are useful tips to assist community corrections professionals in preparing for such an interview:

•	 Create a safe interviewing environment—avoid placing barriers between the interviewer and the supervisee, consider 

whether existing doors should remain closed or shut, etc.;

•	 Build and maintain a sense of rapport with the supervisee;

•	 Consider the ultimate purpose/goal of the interview and structure questions accordingly—outline priority questions 

in advance to avoid unnecessary “straying” once the interview is underway;

•	 Avoid scheduling the interview afterhours, which may appear threatening to the supervisee;

•	 Remove any objects or items in the office that may appear threatening or inappropriate;

•	 If abuse is suspected, review the individual’s files to look for changes in behavior and other red flags of abuse, including 

disciplinary reports of sexual activity while under correctional supervision;

•	 Be aware of agency policies for responding to reported abuse and outline a response plan in advance of the 

interview;

•	 Be aware of any biases you may have that could prevent you from conducting the interview fairly or appropriately, 

and request assistance from a colleague if needed; 

•	 Know the contact information for any service providers in the community that provide assistance to survivors of 

sexual assault and,

•	 Be prepared for a variety of emotional responses from the offender during the interview, including anger, hostility, 

hopelessness, grief, self-blame, humiliation, and withdrawal.

During the Interview 

Community corrections professionals often receive training on conducting effective interviews with offenders and further 

hone interviewing skills through daily practice. Many of the interviewing skills developed through formal training as well as 

through practice are appropriate in a range of situations and should also be employed when interviewing supervisees suspected 

of being victims of sexual abuse. Other interviewing skills, however, are more specific to instances in which sexual abuse is 

suspected. The following recommendations outline a range of practices that are appropriate when interviewing individuals 

who may be victims of sexual abuse:

•	 Use active listening skills;

•	 Employ motivational interviewing and motivational enhancement techniques;

•	 Be aware of cultural barriers and the need for cultural sensitivity when working with diverse populations;

•	 Be sensitive to the supervisee’s needs, and allow them to pace the interview according to their comfort level;

•	 Remember the importance of body language in interviewing—appear open and engaged;

•	 Clarify limits of confidentiality before asking questions regarding victimization;

•	 Provide “advice of rights” or explanation as to how information provided will be used;

Recognizing Red Flags

Pages 20-21 of this guidebook provide a series of scenarios in which sexual assault victimization 

may have occurred. Re-read these scenarios and identify the various red flags of abuse and/or 

inappropriate behavior that are present in each case. A list of the red flags in these scenarios is 

available on the following page.
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

27

•	 Avoid using a condescending tone with the supervisee;

•	 Keep the ultimate goals of the interview in mind and avoid unnecessary straying;

•	 Be aware of physical cues that an individual is not ready to discuss the issue;

•	 Ask open-ended questions that provide an opportunity to disclose sexual assault victimization;

•	 Ask only about the significant facts;

•	 Provide the context for asking certain questions (i.e., explain why it is important that certain questions are asked);

•	 Use behaviorally specific terminology, and, when appropriate, the terminology of the supervisee;

•	 If sexual assault is suspected, but the supervisee is unwilling or unable to discuss, note suspicions in his or her file; 

and,

•	 Use a self-reporting checklist to solicit information on victimization and/or perpetration.

Following a Disclosure of Victimization in an Interview

Even when sexual abuse is suspected, the revelation of victimization can be a difficult issue to address with an individual. 

Research indicates, however, that social reactions to a disclosure of sexual abuse can greatly affect the recovery of a victim. 

According to studies, negative reactions to reports of abuse can prevent victims from further reporting the abuse and can result 

Pages 20-21 of this guidebook provide a series of scenarios in which sexual assault 

victimization may have occurred. The following represent some of the red flags that indicate 

possible abuse and/or inappropriate behavior in each of the scenarios. 

Scenario 1:

• Probation officer regularly sees juvenile supervisees at the end of the day

• Probation officer regularly closes the door to his office when seeing supervisees

Scenario 2:

• Male colleague transporting female offender in a van, alone and after curfew

• Female offender hurries to her room upon return to the halfway house

• Male colleague uses suggestive language regarding his activities with the female 

offender

Scenario 3:

• Male defendant appears to be at heightened risk for abuse (young, thin, first-time 

arrest)

• Defendant appears shaken, reluctant to discuss incarceration

• Defendant has visible bruising on arms and face

Scenario 4:

• Colleague tells and laughs at inappropriate, sexually suggestive jokes in the presence 

of offenders

• Colleague engages in sexually inappropriate discussion about a fellow female staff 

member

Scenario 5:

• Jail intake officer displays sexually suggestive calendar in office/work space

• Jail intake officer tells several homophobic jokes

• Detainees are present within earshot of the intake officer’s desk

Recognizing

the Red 

Flags
28

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

in additional trauma for the victims (Starzynski et al., 2005). It is imperative, 

therefore, that community corrections staff understand and recognize how to 

appropriately respond initially to a disclosure of sexual abuse. 

•	 Be empathetic—avoid judgmental responses to a disclosure of 

victimization;

•	 Ask the supervisee about any concerns he or she may have regarding 

his or her safety while under supervision (i.e., is the perpetrator in the 

community? also under supervision? a colleague or other community 

corrections staff person?);

•	 Explain what the supervisee should expect from any follow-up 

responses to the report and what your role is in those responses;

•	 Explain any reporting requirements that you may have as a community 

corrections staff person;

•	 Keep in mind the offender’s right to privacy regarding the abuse, and 

explain any confidentiality requirements that are in place to maintain 

his or her privacy (outside of any existing reporting requirements); 

•	 Be realistic in terms of what the supervisee should expect—don’t make 

promises that may not be kept;

•	 Don’t minimize the supervisee’s experience, even if he or she remains 

calm or displays a lack of emotion when disclosing the assault;

•	 Don’t question the supervisee’s response to the abuse;

•	 Don’t push the supervisee to reveal any details or information that he 

or she is not ready to disclose; 

•	 Offer to identify additional ways to report abuse if the supervisee is 

uncomfortable talking about it with you; 

•	 Be mindful that reporting an assault multiple times can further 

traumatize a victim—avoid asking the supervisee to disclose any 

information that may not be necessary during a preliminary interview 

(he or she may need to report additional information during the 

investigative process); 

•	 Refer the offender to appropriate treatment and services (including 

sexual assault advocates, medical treatment, etc.); and,

•	 Avoid ending an interview while the supervisee is in a vulnerable 

emotional state.

Supervision Strategies for Victims of Correctionsbased Sexual Assault

As the Prison Rape Elimination Act states, corrections-based sexual 

assault “endangers the public safety by making brutalized inmates more likely 

to commit crimes when they are released—as 600,000 inmates are each year” 

(PREA, 2003). It is critical, therefore, that community corrections professionals 

take into consideration the implications of victimization experiences when 

developing and implementing supervision strategies with individuals abused 

while under correctional supervision.

Interviewing Possible 

Sexual Assault Victims: 

Suggested Questions for

Community Corrections

Professionals

Balancing the need for information with the 

need to avoid questions that may cause further 

trauma can be a daunting task for community 

corrections professionals interviewing supervisees 

they suspect may be victims of corrections-based 

sexual assault. In addition to the suggested 

strategies for conducting interviews with 

possible victims of sexual assault outlined in this 

section, the following recommended questions 

may provide some assistance for community 

corrections staff in the interviewing process.

• Can you tell me about your experience 

while incarcerated?

• Can you recall any times in which you felt 

your safety was at risk? Please describe.

• Was there a particular corrections officer 

with whom you felt close? Can you tell me 

about that relationship?

• Were you involved in any relationships while 

incarcerated? Can you tell me about those 

relationships?

• How did the corrections staff treat you while 

incarcerated?

• Can you please tell me about your time in 

isolation/administrative segregation? Why 

were you there?

• As part of your supervision, I may contact 

individuals you know—including friends, 

family members, employers, or institutional 

corrections staff—for information about 

your case. Is there anyone whom you 

suggest we do not contact during your time 

on community supervision? Why or why not?

• Are there any community corrections staff 

members here that you know well? How do 

you know them?

• How are your programs going? Is there 

anything that concerns you about your 

participation in those programs?

• How are you getting along with your 

roommate? 

• You seem stressed out. Is there anything in 

particular that’s bothering you?

• Your tests indicate that you’ve been 

drinking/using drugs again, which is a 

violation of your restrictions. Can you tell 

me why you’re using?
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

29

Undoubtedly, working with sexual assault victims can be a daunting task, and some community corrections professionals 

may feel uncomfortable addressing victimization issues. While the purpose of this guidebook is not to train community 

corrections staff to provide treatment to individuals who have been sexually abused while under correctional supervision, all 

community corrections professionals must be able to work with victimized supervisees in order to ensure proper monitoring 

while avoiding further victimization and traumatization of the individual. The following tips provide assistance to determining 

supervision strategies appropriate for individuals who may have been sexually assaulted or abused while under the custody or 

care of correctional authorities. Community corrections staff who are concerned about supervising a victim of sexual assault 

should seek additional assistance and guidance from a victim’s advocate or other individuals trained in working with victims.

Tip #1: Consider the general needs of sexual assault victims when supervising an individual who 

may be have been abused while under correctional supervision.

While the experience of and recovery from sexual assault is different for each victim, there are some general strategies for 

working with victims that can often be easily incorporated into a community supervision plan. 

•	 Refer the victim to appropriate services (e.g., sexual assault crisis center, support groups, sexual assault treatment programs, 

mental health treatment). Although not all sexual assault victims may be ready or willing to follow up on referrals, 

having access to treatment providers who support the specific needs of sexual assault victims can be a powerful tool 

in recovery.

•	 Employ empathetic listening skills. Supervisees who have been victimized must be held accountable for their crimes; 

however, when an individual under supervision discusses a victimization experience, community corrections 

professionals should listen in an attentive, understanding way. Avoid overreacting to an individual’s victimization 

experience with emotionally-laden responses, as this may result in further trauma to the victim. Rather, respond in 

an understanding and non-judgmental way, while maintaining emotional composure.

•	 Do not re-victimize through continued emphasis on the assault. Research indicates that discussing a victimization 

experience multiple times can result in the re-traumatization of a victim. Allow the supervisee to discuss his or her 

experience when he or she desires to, but avoid focusing excessively on the assault.

The Importance of Referrals:

Knowing the Limits of Your

Role

Victims of sexual assault have specialized needs for recovery that are best 

treated by a professional trained in working with victims. Rape crisis centers, sexual 

assault support groups, mental health treatment providers and victims’ advocates are 

primary examples of the resources that are often available in the community. 

Community corrections professionals can play an important role in identifying 

sexual assault victims under community supervision and in ensuring that those 

individuals have access to appropriate treatment and services. Referring victims to 

those professionals who specialize in working with victims is an important component 

of this role. 

It is not appropriate, however, for community corrections professionals to attempt 

treating sexual assault victims themselves, as doing so may result in further trauma to 

the victim. Moreover, it is critical for community corrections professionals to recognize 

their limitations when referring a supervisee who has been victimized to outside 

treatment. Be aware that not all victims are ready for treatment and that some may 

not follow up on the referrals. While it may be frustrating to see a referral ignored, 

forcing a victim to seek treatment may cause more harm than good. 
30

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

•	 Avoid physical contact. Following a sexual assault, victims may experience heightened reactions to physical touching 

by another individual, even when the contact is not intended to be threatening or sexual in nature. Avoid any 

unnecessary physical contact with a victimized supervisee.

•	 Use a respectful, non-judgmental demeanor with the victim. Research suggests that the social reactions to a victim’s 

disclosure of an assault can significantly impact his or her recovery. Avoid responding to a victimized supervisee in a 

judgmental manner, and do not question his or her response to the assault.

•	 Assist in the development of personal safety plans for the victim. Following an assault, victims may feel increasingly 

vulnerable to additional abuse. Devising a personal safety plan can empower the victim to feel more in control of his 

or her safety, while also providing a strategy for avoiding further attacks. This may be particularly important if the 

alleged perpetrator also resides in the community.

Tip #2: Consider the specific circumstances of the supervisee’s victimization experience(s) when 

developing a supervision strategy.

As previously noted, each victimization is different and the various factors involved in an assault can significantly impact 

the victim’s recovery. For instance, such variables as the gender and identity of the perpetrator, the number of perpetrators, the 

number of assaults experienced, and the environment in which the assault(s) took place can all affect the process of recovery 

for a victim. Although it is likely that you may not know all of the details of a supervisee’s victimization, be sensitive to those 

factors that have been disclosed and take them into consideration when devising (or revising) any supervision plan.

•	 Consider the identity of the alleged perpetrator. Was the perpetrator an inmate? A corrections employee? Is the 

perpetrator also currently under community supervision? Being sensitive to the identity of the perpetrator can assist 

you in making sure the victim feels safe while under community corrections supervision. For instance, if the offender 

was victimized by a correctional employee of a certain gender, consider whether he/she would feel safer if supervised 

by a community corrections staff person of the opposite gender. If the offender was victimized by another offender 

under community supervision, ensure that he or she is supervised under separate caseloads, is not required to be at 

the office at the same time, is not assigned to attend any of the same group sessions, etc.

•	 Recognize the gender differences in experiences of and responses to sexual violence. Responses to sexual assault can vary 

greatly based on the gender of the victim, and these differences should be considered in any supervision plan. For 

instance, due to the heightened stigma associated with male rape, male victims are generally less likely to discuss 

their victimization and may experience additional shame and humiliation as a result. Therefore, discussing the 

victimization experience in a group setting may result in additional trauma for male victims. On the other hand, 

female victims may experience heightened anxiety about an unwanted pregnancy following an assault, and may need 

assistance to address such concerns. Supervisees who are transgendered may respond well to therapeutic programs 

that are specifically designed for the transgendered community. If available, referrals to gender-specific treatment 

programs for victims of sexual assault should be made. 

•	 Re-evaluate the existing conditions of supervision to determine appropriateness. Some supervision practices and 

requirements that are common to many caseloads may be inappropriate when working with a victim of sexual 

assault. For instance, direct observation of a urine sample collection by a community corrections staff person may be 

problematic if the supervisee was abused by a correctional employee. Likewise, home visits may also be difficult to 

conduct effectively in cases involving individuals who were abused by correctional personnel. Meanwhile, required 

participation in group therapy sessions may be inappropriate for certain victims of sexual assault, particularly males. 

Reviewing supervision plans can assist in ensuring that requirements do not hinder the recovery of an individual 

who has been victimized. Consider a range of possible supervision options to determine whether any potential 

requirements would be harmful to an offender who has been victimized. 

•	 Review housing and program assignments to ensure there is no revictimization. For supervisees participating in 

residential community corrections programs, it is imperative that housing assignments are reviewed to ensure that 

the individual is not put at undue risk of re-victimization. For instance, any roommates should be assessed for risk of 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

31

sexually assaultive behavior. If available, single rooms may be appropriate for supervisees who have been previously 

victimized or who demonstrate vulnerabilities for victimization. Program assignments should also be reviewed for 

appropriateness. For instance, if the alleged perpetrator of the assault is also under community supervision, the 

victim should not be required to attend any group sessions or other programs with that individual. 

Tip #3: Employ supervision strategies and processes to ensure the effective monitoring of the 

supervisee throughout his/her supervision. 

Given the complexity of the community corrections field and the various types of programs and services that are often 

provided to supervisees, it is necessary to adopt a variety of strategies to ensure that an individual who has been victimized is 

effectively monitored while under supervision. The following are examples of strategies that can be used to adequately monitor 

an individual who has been victimized while under correctional care.

•	 For defendants under the supervision of pretrial services, notify the appropriate judge or prosecutor of the assault. If a 

pretrial defendant has been victimized while being held in jail, immediate notification of the judge is critical, as 

it may impact decisions regarding pretrial release. Further, for defendants already released pretrial who disclose 

victimization, the incorporation of additional, targeted supervision strategies may be necessary to ensure appropriate 

monitoring of the defendant while in the community prior to trial.

•	 Conduct a comprehensive assessment of the supervisee using validated tools. A variety of assessment tools are available 

to most community corrections professionals that can reveal not only an individual’s risk of reoffending, but also the 

various treatment services that may assist the supervisee in his or her rehabilitation. Conducting a comprehensive 

assessment of an individual who has been sexually assaulted while under correctional supervision may assist in 

determining which programs and services may be most appropriate for the supervisee.

•	 Consider assigning the supervisee to a specialized caseload for sexual assault victims, if appropriate and available. An 

individual who has been sexually assaulted while under correctional supervision may respond well when supervised 

under a caseload designed specifically for victims of sexual assault. If no such caseloads exist in your jurisdiction, 

consider assigning victimized supervisees to an officer with appropriate training, skills, or experience in working with 

sexual assault victims.

•	 Request assistance from a victims’ advocate or victims’ services professional to manage the supervisee’s casework. If your 

community corrections agency or department has a victims’ advocate on staff, consider working with the advocate 

to ensure that the individual’s supervision plan is designed to sufficiently hold the supervisee accountable for his or 

her crime, while not putting the supervisee at undue risk of further trauma. If a victims’ advocate or victims’ services 

provider is not available within the agency, consider contacting an advocate in the community for assistance.

•	 Collaborate with treatment providers. If the supervisee has been referred to any mental health or other treatment 

providers as a result of the victimization, collaborate with the treatment provider to ensure that the individual’s 

supervision plan complements the treatment program. While he or she may not be able to share certain information 

due to health privacy protections, working in collaboration with treatment providers to the extent possible may 

provide some assistance in verifying an individual’s progress while under supervision and in ensuring that supervision 

and treatment plans are complementary.

Undoubtedly, working with individuals who have experienced sexual assault victimization while under correctional care 

adds yet another layer of complexity to the supervision process. The above tips, however, can assist community corrections 

professionals in ensuring that supervision plans are sensitive to the specific needs of victims, while still holding those supervisees 

accountable for their crimes.

 
32

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Section Five

Responding to Abuse: 

The Role of Community 

Corrections Staff
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

33

As a community corrections professional, you may think (and hope) that you will never encounter sexual abuse or assault 

in the workplace. Unfortunately, however, no professional setting is completely safe from sexual abuse, including community 

corrections agencies and facilities. 

Imagine finding one of the offenders under your supervision being assaulted by another offender. What would you do? 

How would you respond to the situation? How would you respond to the victim? And to the perpetrator? 

What if an offender on your caseload confided in you that he or she had been sexually assaulted six months ago while an 

inmate in a county jail? How would you respond in this situation? What would you do with the information? 

Although this guidebook is not meant to train community corrections staff to provide long-term treatment to sexual 

assault victims or their perpetrators, all community corrections professionals should be prepared to be first responders to sexual 

assault incidents. Research and practice indicates that negative reactions to the disclosure of a sexual assault have a detrimental 

impact on a victim’s ability to cope long-term (Ullman, 1996; Andrews et al., 2003). It is therefore critical that community 

corrections staff know how to respond to a sexual assault incident, or a report of a previous assault, in order to best meet the 

immediate needs of a victim and to keep the victim safe from further harm. This section discusses the important role that first 

responders play, and the key steps to take following an incident.

Perhaps the most important step in preparing to be a first responder is to become familiar with relevant agency policies and 

procedures, as well as state and federal laws, regarding sexual abuse and assault. Reviewing in advance any existing protocols 

and procedures that your agency has in place can serve as a powerful tool in responding to any future incidents. Consult your 

supervisor if you have any questions about agency directives on responding to sexual abuse incidents, or if your agency does not 

have such policies or procedures in place.

The following strategies and recommendations provide general guidance for community corrections staff in responding 

to sexual assault incidents and are meant to be used as a companion piece to the internal policies and procedures developed 

by individual agencies. The strategies described below, however, should not replace the guidance provided by the policies and 

procedures set forth by your own agency. 

The Role of the First Responder

As detailed in Section Three, sexual assault victimization often has serious physical, emotional, and behavioral consequences, 

and these effects can be experienced for many years following an assault. The immediate response to a victim’s disclosure of an 

assault can have serious implications for a victim’s ability to cope with the trauma and his or her long-term recovery. It is the 

responsibility of the first responder, therefore, to meet the victim’s immediate needs for safety and assistance in an effort to help 

in his or her long-term recovery. 

Section Five

Responding to Abuse: The Role of Community Corrections

Staff
34

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Who are first responders to sexual assault? According to the National Protocol for Sexual Assault Medical Forensic 

Examinations, a first responder can be any professional who initially responds to a disclosure of a sexual assault (U.S. Department 

of Justice, 2004). In many cases, first responders to a sexual assault may be law enforcement officers, victim services advocates, 

mental health providers, social services staff, or medical practitioners. Given their roles in working with defendants and 

offenders, community corrections staff may also serve as first responders to an assault, and they should be adequately prepared 

to take on this role.

Further, it is important to note that first responders may find themselves responding to an assault while it is in progress, 

immediately after it has occurred, or weeks, months, or even years following the incident. While some of the primary tasks of 

the responder vary according to the timing of the response, the ultimate purpose of the first responder remains the same—to 

provide support and safety to the victim while safeguarding any evidence for subsequent investigations.

Given the diversity of the community corrections field, including residential community corrections facilities, halfway 

houses, probation and parole supervision, and pretrial services, community corrections professionals may find themselves 

serving as first responders in a variety of circumstances. As such, it is important to be familiar with the various tasks that a first 

responder should perform in the immediate aftermath of an assault, as well as following the disclosure of a prior incident. 

Responding in the Immediate Aftermath of an Assault

For community corrections professionals responding to a sexual assault that is in progress or has occurred in the immediate 

past, primary responsibilities include: 1) providing support and protection to the victim; 2) securing the scene and preserving 

evidence for the investigative process; and 3) alerting a supervisor to the incident.

 Providing Support and Protection to the Victim

The first step in responding to a sexual assault is to provide support and protection to the victim and to prevent any further 

harm or injury. The victim may be in shock and may have suffered injuries during the assault. Assess the situation, remain calm 

when communicating with the victim, and take immediate steps to ensure his or her safety. It is also important to be familiar 

with and follow your agency’s policies and procedures to ensure an effective response and investigation. The following steps 

should be taken to provide support and protection to the victim following a sexual assault:

•	 Assess the situation to ensure that it is safe to intervene.

•	 Separate the victim and the alleged perpetrator to prevent further harm or injury.

•	 Look for any physical injuries the victim may have suffered, and ensure that the victim receives emergency medical 

attention, if needed.

•	 Use supportive, non-judgmental language when communicating with the victim.

•	 Inform the victim of your role, including getting only basic information for the investigator, providing immediate 

protection for the victim, and ensuring that the victim receives medical and mental health assistance.

 Securing the Scene and Preserving Evidence

Another important role for the first responder is to secure the crime scene and preserve any evidence that may assist in the 

investigation process. As the first person on the scene, the first responder should document what is seen, heard, and otherwise 

observed at the scene, and to safeguard any evidence. 

It is critical, however, that the first responder recognizes the limits of his or her role. A first responder should only take 

action to secure the crime scene and document observations, not seek to begin an investigation into the incident. A full 

investigation conducted by a trained investigator should follow. Be mindful that requesting a victim to detail the assault 

multiple times may cause further trauma. Therefore, the first responder should ask only for the most basic information, and 

allow the investigator to conduct a more in-depth interview during the investigative process. 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

35

According to the National Protocol for Sexual Assault Medical Forensic Examinations (1994), physical evidence may be 

available up to 96 hours, and even longer in some instances, following an assault. In cases in which an assault is reported within 

this timeframe, all precautions should be taken to preserve any existing forensic evidence, including bodily fluids and other 

sources of DNA evidence, which may be collected during a forensic examination.

 

The following steps should be taken to document critical information and to preserve existing evidence after an assault 

has taken place:

•	 Ask the victim and/or any witnesses for only basic information about the incident (i.e., Who was there? What 

happened? Where did the incident occur? When?). Do NOT ask the victim to provide detailed information about 

the incident.

•	 Instruct the victim not to brush his/her teeth, change clothes, shower, use the restroom, wash hands, eat, or drink 

until an investigator is available to collect evidence.

In addition to reporting sexual abuse internally, community corrections 

professionals should also be aware that they may need to report the abuse 

to outside agencies. For instance, should an offender/defendant report an 

incident of abuse that occurred in an institutional setting, the abuse should 

first be reported to the appropriate authority within your agency. Following 

an internal report, however, the facility administrator where the alleged 

incident took place should be notified. In most circumstances, this notification 

will be conducted by the chief administrator within your agency; however, 

you may be required to provide information to the institutional facility as 

the first responder in the case.

In another example, many offenders are required to undergo mental 

health treatment to fulfill a condition of their release or supervision. In such 

cases, community corrections professionals may wish to provide pertinent 

information about the offender to the mental health treatment provider, 

including sexual assault victimization. While collaboration between criminal 

justice agencies and mental health treatment providers is highly encouraged, 

extreme caution should be exercised in sharing sensitive information 

regarding sexual abuse victimization. 

Community corrections staff should always ensure that proper medical and 

mental health information privacy waivers have been signed before sharing 

sensitive information with mental health treatment providers. It is also 

imperative that the information be shared in a secure manner in which the 

victim or any witnesses are not put at further risk of harm. Only information 

pertinent to the investigation of an incident, the effective treatment of the 

victim, or the prevention of additional incidents of abuse should be shared, 

and measures should be taken to safeguard the information at all times. 

Community corrections professionals should always refer to agency protocols 

as well as federal, state, and local privacy laws for more information 

on sharing information pertaining to the medical and mental health of 

offenders.

 

It should be noted that community corrections professionals should never 

coerce offenders into signing medical or mental health privacy waivers 

for information sharing purposes, nor should offenders be forced to 

seek treatment as a result of their victimization. While mental health 

assistance is often appropriate following a victimization experience 

and may assist individuals in recovering from abuse, forcing or coercing 

victims into treatment can result in additional trauma. Offenders who 

have been sexually abused while under correctional supervision should be 

encouraged—though never required—to seek mental health treatment as a 

result of their abuse. For more information on appropriate interventions for 

victims of sexual abuse, refer to Section Four.

Sharing 

Information 

with Outside 

Agencies
36

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

•	 Identify any items that may provide evidence (e.g., fluids on the floor, bed sheets, victim’s and perpetrator’s clothing) 

and prevent those from being moved or handled. 

•	 Document any observations made at the crime scene, as well as any information provided by the victim and/or 

witnesses.

•	 Inform the victim of what will happen next (i.e., that the incident will be reported to supervisor, the victim will be 

offered a forensic medical examination for evidence collection, an investigation will be conducted, the victim will be 

asked to provide information to the investigator, and the victim and any witnesses will be provided protection from 

retaliation throughout the investigative process and beyond, if needed).

•	 Assure the victim that the incident will only be reported to those who need to know.

•	 Inform the victim that the agency will do everything it can to ensure the case is properly handled and to protect the 

victim from further harm.

•	 Maintain separation of the victim, any witnesses, and the alleged perpetrator and keep the alleged perpetrator 

confined until additional assistance arrives.

 Alerting a Supervisor to the Incident

Upon securing the crime scene, first responders to a sexual assault should act quickly to inform the appropriate authorities 

about the incident. This will assist in ensuring an efficient and effective response and investigation into the incident. Consider 

the following steps for alerting supervisors to an incident:

•	 Be familiar with your agency’s reporting protocol, and inform the appropriate supervisor of the incident as soon as 

the scene is secured.

•	 Be sensitive to the privacy rights of the victim when reporting the incident; notify only those who need to know 

about the assault in order to conduct a proper response.

•	 Provide the investigator a written report of your observations at the crime scene, including information provided by 

the victim and any witnesses at the scene.

•	 Ensure that the victim receives appropriate medical treatment.

•	 If a victim requires outside medical assistance, follow agency policy for transporting the victim. Victims should be 

accompanied by a staff member of the same sex, unless emergency circumstances prevent it. If possible, a victim 

advocate should also accompany the victim when seeking outside medical assistance, or when transporting a victim 

to a hospital or clinic for a forensic medical exam.

•	 Refer the victim to a mental health provider for assessment and treatment following an assault.

•	 Refer the victim to a victim advocate for continued assistance and support.

Responding to Disclosures of Past Assaults

While the previous section discussed the role of the first responder immediately following an assault, community 

corrections professionals may also respond to assaults that have occurred in the past—sometimes even weeks, months, or years 

before. Offenders who have been assaulted while incarcerated may not feel comfortable reporting abuse within the facility, and 

community corrections staff may therefore receive reports of prior abuse from offenders released under community supervision. 

Alternatively, offenders may report abuse that has occurred previously within the community corrections setting. 

In these instances, community corrections professionals still may serve as first responders, although the tasks are slightly 

different. In all incidents of sexual assault—past or present—first responders’ primary responsibility is to provide support 

and security for the victim. The secondary task of first responders when dealing with a previous assault, however, is to report 

the incident to the appropriate authority. There are a number of general reporting strategies that should be considered when 

responding to disclosures of past incidents of sexual assault. 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

37

Tip #1: Know your agency’s policies and protocols for reporting sexual abuse 

and assault.

Agency policies and procedures should serve as the primary source of instruction for staff members 

on how to report incidents of sexual abuse. Each community corrections agency is different, and policies 

and procedures for reporting sexual abuse and assault incidents will vary accordingly. Community 

corrections staff should refer to internal procedures for guidance on how to report incidents of sexual 

abuse or assault, to whom reports should be made, the timeframe within which reports should be 

made, confidentiality requirements, staff requirements for reporting, penalties for failure to report, 

and other instructions. 

While such procedures can and should provide guidance during a response to an assault, 

community corrections staff should become familiar with reporting protocols prior to any incidents—

preferably during staff orientation or other training opportunities. If your agency does not have policies 

or procedures for reporting abuse or if you have any questions about the policies and procedures that 

are in place, contact your supervisor for clarification. 

Tip #2: Be aware of state and local reporting laws for sexual abuse cases.

In addition to internal agency policies and procedures for reporting sexual abuse, community 

corrections professionals must be aware of state and local reporting laws. Mandatory reporting 

requirements for sexual assault vary among the states; be aware of the existing laws and requirements 

in effect in your jurisdiction.

In particular, community corrections professionals should be aware of reporting requirements for 

cases involving juvenile victims of sexual assault. All 50 states have mandatory reporting requirements 

for professionals who work with children, although the specific requirements vary from state to state. 

A listing of the various state reporting laws is available online through the Rape, Abuse, and Incest 

National Network (RAINN) at www.rainn.org. 

Tip #3: Notify offenders of your responsibility to report incidents of abuse.

Sexual assault is one of the most underreported crimes in the country, in large part due to the 

intimate nature of the crime and fear among victims that the crime will go unpunished. For offenders 

and defendants who have experienced sexual abuse while under supervision of the justice system, these 

fears can be exacerbated, and victims of corrections-based sexual assault may fear retribution by other 

offenders or by corrections staff for reporting their abuse. In addition to the humiliation and emotional 

strain that victims may experience when reporting abuse, offenders may fear for their physical safety—

even their lives—should they disclose sexual victimization. 

For these reasons, offenders may be reluctant to officially report abuse they have experienced 

while under correctional supervision. In some cases, offenders may disclose victimization experiences 

to certain individuals, including community corrections professionals, but may wish to refrain from 

reporting the abuse further. To avoid additional trauma to a victim, therefore, it is critical that offenders 

are made aware of staff reporting requirements as soon as possible following the initiation of their 

supervision, and prior to disclosing any incident of sexual abuse. Ideally, individuals under supervision 

should be notified of staff reporting requirements during offender orientation. When this is not 

possible, consider discussing staff reporting requirements with individuals under your supervision 

during a regular office visit, meeting, or other opportunity. If sexual abuse victimization is suspected, 

discuss your suspicions as well as your responsibility to report sexual abuse with the offender. 

Responding to 

Disclosures

of Sexual 

Abuse in 

Pretrial 

Settings

Pretrial service officers 

may find themselves 

in a unique position to 

detect and respond to 

suspicions or allegations 

of sexual abuse among 

defendants in pretrial 

detention. Officers 

conducting pretrial 

investigations should 

be sensitive to the 

signs of abuse, and 

any suspicions that a 

defendant is being 

abused—or may be 

vulnerable to abuse—

should be reported to 

jail staff immediately. 
38

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

In addition to informing offenders of staff reporting requirements, it is helpful to let the victim know what will happen 

to the report once it is made within the agency. Explain who will receive the report, how it will be responded to, and what the 

victim should expect during any investigation and criminal prosecution that may result. 

In all cases, offenders should be provided with information on other available resources for reporting abuse and obtaining 

support services, including rape crisis centers, state sexual assault reporting hotlines, and victim advocacy organizations. 

Offenders may feel more comfortable disclosing an incident to, or seeking treatment from, an external agency. 

Tip #4: Report allegations of sexual abuse and assault to the appropriate authority.

To ensure the safety and security of offenders under supervision, staff members, and the agency as a whole, it is critical 

that all allegations and/or suspicions of staff sexual misconduct be reported to the appropriate individual within the agency. 

Community corrections professionals may receive reports of sexual abuse or assault that they may suspect are false, or they 

may be reluctant to report the sexual misconduct of a colleague. For the safety of the agency, however, it is critical that 

any allegations of staff sexual misconduct be reported to the appropriate authorities in a timely manner. Failure to report 

allegations or suspicions of staff sexual misconduct jeopardizes the security of everyone and could result in administrative 

discipline or legal sanctions.

Respecting the Rights of Victims

During a response to an incident of sexual abuse, community corrections professionals are forced to balance a variety of 

high-priority issues and concerns: providing safety for the victim, maintaining the security of the agency (including offenders 

and staff), and preventing further harm by the perpetrator(s). Above all else, community corrections staff must ensure that 

the fundamental rights of the victim are preserved and protected. Balancing the variety of needs and priorities following 

an assault, however, may not always be easy, and community corrections professionals must be prepared to make difficult 

decisions.

Consider the following scenario, for example:

A young male offender on probation has arrived for his weekly office visit. You have been working with this offender for 

weeks and feel as if you are finally gaining his trust. Today, however, he appears upset—even jumpy. After much discussion, 

he begins to reveal that he was sexually assaulted while he was detained pretrial. Although he confides his experience to 

you, he begs you not to report the incident to law enforcement or to the jail staff. He expresses intense fear about reporting, 

explaining that the perpetrator is no longer in detention and that he would certainly find and kill him if the incident were 

reported. He appears highly traumatized, and you are concerned for his physical and emotional well-being. 

How would you respond to this situation? What would you say to the offender? 

Response suggestions: In this scenario, it is critical that you ensure the safety and security of the victim, above all else. Discuss 

with the offender any reporting requirements that you have as a probation officer, the process for investigating alleged abuse 

(either administratively or criminally), and the provisions in place to keep victims safe from retribution both during and after an 

investigation. Some jurisdictions have anonymous reporting mechanisms, which enable individuals to report incidents of sexual 

abuse without revealing information that would further endanger the victim. If such reporting processes are available in your 

jurisdiction, consider using them to fulfill reporting requirements without putting the victim at undue risk of additional harm. In 

addition, it is critical that you inform the victim of available confidential support sources in the community, including mental health 

counselors and victim advocates, and provide information on accessing these programs and services. Discuss with your supervisor 

additional steps that should be taken in this situation. 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

39

Community corrections professionals should also follow agency policies and protocols, as well as state and local laws, for 

reporting incidents of offender-offender sexual abuse. Given the risks of retribution to the victim, extreme caution should be 

taken to minimize the dangers to the victim while fulfilling existing reporting requirements. 

As previously mentioned, offenders should be notified of staff reporting requirements in advance of disclosing any 

incidents, enabling offenders to make an informed decision about reporting abuse. This may not always be possible, however, 

and community corrections professionals should be aware of strategies for meeting reporting requirements without putting the 

victim at further risk of physical or emotional harm. For instance, inquire about anonymous reporting options that allow for 

incidents of abuse to be reported without identifying the victim. Furthermore, community corrections professionals should 

always explain the reporting process to victims, including how the report will be used, and should ask what the victim needs 

to stay safe once a report has been made. Preventing additional harm to the victim should always remain the highest priority 

following the disclosure of an assault.

Tip #5: Respect the privacy of the victim when reporting incidents of sexual abuse.

Although community corrections professionals have a duty to report allegations of corrections-based sexual abuse and 

assault, reports must be made in a manner that respects the privacy rights of the victim. Report allegations of abuse only

to those who need to know in order to conduct an effective investigation and response. Refer to your agency’s policies and 

procedures for a listing of those authorized within your agency to receive such reports.

Information regarding corrections-based sexual abuse should not be shared with anyone who is not involved in response 

or investigation efforts, including colleagues, other offenders, and personal associates. Failure to maintain confidentiality 

threatens not only the investigation into the incident, but also the safety and security of the victim, other offenders under 

supervision, and agency staff.

Understanding the Investigation Process

Following the disclosure of a sexual assault, an investigation into the incident should be conducted. The procedures for 

conducting an investigation vary greatly from jurisdiction to jurisdiction. Within some agencies, an internal affairs investigator 

may conduct investigations into allegations of abuse, while other jurisdictions may rely on local law enforcement agencies for the 

investigative process. In some cases, both may be used to investigate an alleged incident. Regardless of the investigative model 

employed, investigations into allegations of sexual abuse or assault should be conducted by a specially trained investigator who 

understands the specific challenges inherent in sexual assault cases. 

While only a qualified investigator should conduct an investigation into an allegation of sexual abuse or assault, it is helpful 

for all staff members to understand how the investigation process works and the role that a community corrections professional 

may play in an investigation into corrections-based sexual assault. The primary stages of a sexual assault investigation include:

Prior to the beginning of any investigation, the incident must be known to the 

proper authorities within the agency. As previously discussed, front-line community 

corrections professionals are likely to serve as first responders to an incident of 

corrections-based sexual abuse. Whether responding to an incident in progress or 

one that is being reported after the fact, one of the primary roles of the first responder 

is to notify the appropriate individual within the agency or facility about the incident. 

This should be done as quickly as possible after securing the crime scene and providing 

for the immediate safety of the victim.

Incident 

reported 

to the 

appropriate 

authority
40

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Sexual Assault 

Forensic 

Examination

Interviewing 

the Alleged 

Perpetrator

Delivery of 

Findings and 

Prosecution 

Determination

Initiation 

of the 

Investigation

Identification, 

Collection, and 

Preservation of 

Evidence

Interviewing 

the Victim and/

or Witnesses

Once an incident has been reported to the proper authorities within the agency, 

an investigation into the alleged assault should be initiated. It is important to note that 

only an authorized official is generally able to open either a criminal or administrative 

investigation. Therefore, it is critical that allegations of sexual abuse are reported 

as quickly as possible to the appropriate individual so that an investigation can be 

launched in a timely manner. In addition, victims should have access to a victim 

advocate for assistance and support throughout the investigation process.

Upon launching an investigation, an investigator will begin by identifying, 

collecting, and preserving any available evidence. In cases in which the assault has 

occurred within 96 hours, forensic evidence may be available at the crime scene, 

including fluids, bedding, debris, and other materials. In addition, video surveillance, 

phone logs, staff timesheets, electronic monitoring data, and other materials may also 

be collected as evidence.

The investigator will conduct a series of interviews of the victim and/or any 

available witnesses, beginning with an initial interview of the victim immediately 

following discovery or disclosure of the assault. Interviews of witnesses as well as 

follow-up interviews of the victim may be conducted later in the investigative process 

as additional information is needed. 

A sexual assault forensic examination or rape kit exam may be conducted to collect 

forensic evidence when the alleged incident has occurred within a given timeframe, 

often defined by jurisdictions as between 72 and 120 hours. The examination should 

be conducted by a qualified medical examiner, preferably a sexual assault nurse 

examiner, to ensure the proper collection and preservation of evidence. 

The investigator will also conduct an interview with the alleged perpetrator(s) 

of the abuse. If the suspect is an offender, he or she may be detained or isolated until 

the interrogation can take place. If the suspect is a staff member, he or she may be 

placed on administrative leave or reassigned during the investigation. Interviews of 

the alleged perpetrator will vary depending on whether the investigation is criminal 

or administrative in nature. 

Once the investigation has been completed, the investigator will release the 

findings of the investigation to the appropriate authorities. In a criminal investigation, 

the investigator may make a determination to refer the case for prosecution if there is 

sufficient evidence. During administrative investigations, the investigative findings 

will assist in the determination of any administrative disciplinary measures (e.g., 

termination for staff perpetrators, violation sanctions for offenders). In addition, if 

an administrative investigation reveals sufficient evidence that a criminal act occurred, 

the case may be referred to criminal investigators for further action. 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

41

As discussed previously, first responders provide critical assistance to the investigator by securing the crime scene, 

identifying and safeguarding physical evidence, and documenting initial observations of the scene as well as comments and 

information provided by the victim and/or witnesses. Failure to fulfill any of these responsibilities may threaten the entire 

investigation. Nevertheless, it is important that first responders understand the limits of their role and not attempt to conduct 

an investigation into the incident. To ensure the integrity and timeliness of the investigation and to enhance the likelihood of 

prosecution for appropriate cases, only qualified professionals should conduct a sexual assault investigation.

While this section identifies the primary components of sexual assault investigations, the investigative process varies from 

jurisdiction to jurisdiction. For more information on how investigations are conducted within your own agency, refer to your 

agency’s investigative protocols.

Supervising Perpetrators of Sexual Assault

While Section Four highlighted a number of tips for working with victims of corrections-based sexual assault, including 

suggested supervision strategies, community corrections professionals should also consider recommended strategies for the 

supervision of offenders who have, or may have, perpetrated sexual abuse in correctional settings. 

Unfortunately, there are a number of challenges in identifying perpetrators of corrections-based sexual assault and 

adopting effective strategies for their supervision. For instance, the low rate of prosecutions and convictions in correctionsbased sexual assault cases means that many perpetrators are never identified. Added to this, communication gaps between 

agencies and jurisdictions may mean that allegations of sexual abuse against an offender may never be shared with community 

corrections staff. 

Nevertheless, it is critical for reasons of public safety and offender accountability that perpetrators and alleged perpetrators 

of corrections-based sexual assault be properly supervised in the community. The following represent a variety of helpful 

tips that may assist community corrections staff in supervising individuals who have committed sexual abuse in correctional 

settings.

Tip #1: Use available resources and information to identify offenders who may have perpetrated 

sexual abuse in correctional settings.

Given that few cases of corrections-based sexual abuse result in prosecutions and convictions, it may not be apparent 

that an individual under community corrections supervision has, or is alleged to have, committed sexual abuse. Community 

corrections professionals should therefore utilize the resources available to them to assist in the identification of perpetrators 

of sexual assault. 

•	 If available and appropriate, consult an offender’s disciplinary report(s) to identify behavioral problems, including 

allegations of sexual assault perpetration, while under correctional supervision. If an offender has previously been 

incarcerated, request copies of his or her disciplinary record while under correctional care. Be tuned in to the red 

flags that an offender may have perpetrated sexual abuse while in custody, including frequent stays in administrative 

segregation, write-ups for violent behaviors, or disciplinary sanctions for sexual activity.

•	 Obtain relevant reports regarding any allegations of sexual assault perpetration. If an offender has been accused of sexual 

assault perpetration while under correctional care, request any available reports regarding the incident, including 

investigation findings, etc. Take into consideration elements of the case when developing a supervision strategy for 

the offender.

•	 Watch for signs of “grooming” by a perpetrator of sexual abuse with other offenders. Be mindful of the signs that a 

perpetrator, or alleged perpetrator, of corrections-based sexual assault is grooming other offenders under community 

corrections supervision, including giving gifts, showing undue amounts of interest in an offender, etc. 
42

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Tip #2: Incorporate supervision strategies to properly manage a perpetrator of corrections-based 

sexual abuse under community corrections care.

Offenders who have committed corrections-based sexual assault pose a risk to public safety and should be managed 

appropriately while under community corrections supervision. Community corrections officers should be deliberate when 

developing a supervision plan for perpetrators, utilizing the tools available to them to most effectively supervise these offenders 

in the community. Community corrections staff should always consult agency protocols and judicial guidance when developing 

a community supervision plan. 

•	 Conduct a comprehensive assessment of an alleged perpetrator using validated tools. Community corrections professionals 

should conduct a comprehensive risk assessment of an offender using validated tools to more accurately determine 

the risk of reoffending and to assist in identifying appropriate interventions. If permissible in your jurisdiction, 

consider conducting a risk assessment specific to sexual offenders when assessing alleged perpetrators of correctionsbased sexual assault.

•	 Consider alternative supervision tools that may be available. Community correction professionals should consider a 

variety of supervision tools when developing a supervision plan for the offender in an effort to target interventions to 

the specific needs of the offender while reducing the likelihood of recidivism. The development of a supervision plan, 

and the incorporation of specific supervision tools, should never be based solely on allegations of abuse. Rather, staff 

should consider allegations of corrections-based sexual abuse in addition to the results of a risk assessment, the crime(s) 

for which the offender was convicted, and other relevant factors when determining an appropriate supervision plan 

for the individual. 

•	 Employ “zero tolerance” for program violations. Given the potential risks to public safety, perpetrators of correctionsbased sexual assaults should be held to a high standard of accountability. Community corrections professionals 

should consider establishing a zero tolerance standard for program violations as part of any supervision plan.

•	 Increase the level of supervision and utilize collateral contacts. When supervising perpetrators of corrections-based 

sexual abuse in the community, community corrections professionals should use heightened levels of supervision and 

contact with the offender, and should use collateral contacts when possible in an effort to reduce the potential risk 

of re-offense.

•	 Ensure appropriate supervision of former corrections staff members under community supervision for staff sexual 

misconduct. Former corrections staff members who have been placed under community supervision for committing 

staff sexual misconduct should be supervised in a proper manner. The offender should not be assigned to the caseload 

of former colleagues, but should instead be supervised by a community corrections professional who has had no 

previous association with him or her. If it is not possible to assign the case to an unbiased officer within the agency, 

administrators should request courtesy supervision by another community corrections agency through intra- or 

interstate arrangements. Supervision of the former staff member should be in accordance with existing agency 

policies and protocols for supervising perpetrators of corrections-based sexual assault. 

•	 Consult with a supervisor regarding appropriate supervision techniques for perpetrators of corrections-based sexual assault. 

Community corrections officers should always consult with a supervisor should they have any questions or concerns 

about the appropriate supervision of a perpetrator of corrections-based sexual assault. In addition, supervision 

strategies employed with offenders should always follow agency policies and protocols. 

Tip #3: Take all necessary steps to prevent further victimization or harm of all individuals under 

community corrections supervision. 

One of the primary missions of community corrections agencies is to provide for the safety and security of offenders under 

community supervision. Therefore, it is critical that community corrections professionals take all necessary precautions to 

prevent offenders from being further victimized or harmed by perpetrators of corrections-based sexual assault. 

•	 Ensure the separation of the alleged perpetrator and victim if both are under community corrections care. In cases in which 

both the victim and perpetrator of corrections-based sexual assault are under community corrections supervision, 

community corrections staff members should ensure their separation. The agency should avoid assigning the victim 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

43

and the perpetrator of sexual abuse to the same caseload, and the agency should carefully schedule office visits for 

the victim and the perpetrator in an effort to avoid contact between the two. Moreover, the victim and perpetrator 

should not be required to attend programs, classes, or other interventions together as a part of their supervision 

plans. 

•	 In residential settings, avoid placement of an alleged perpetrator with individuals classified “at risk” for victimization. 

Offenders in residential community corrections facilities, including halfway houses, should be screened at intake for 

risk of both victimization and for the propensity to perpetrate sexual abuse, and decisions regarding housing, bed, 

work education, and program assignments should be made with consideration to assessment results. Screenings 

should take place as quickly as possible following the arrival of the offender at the facility, and results should be 

reviewed periodically. Staff should demonstrate sensitivity and discretion when screening offenders.

Responding to incidents of sexual abuse and assault within a community corrections environment can be a daunting task. 

Properly informed, however, community corrections professionals can play an important role as first responders, increasing the 

chances for an effective investigation and, if appropriate, prosecution of sexual assault cases. Moreover, community corrections 

staff can promote the safety and security of the agency, staff, offenders, and the general public by incorporating recommended 

strategies for appropriately supervising perpetrators of corrections-based sexual assault. 
44

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Section Six

Protecting Offenders, 

Preventing Abuse
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

45

Much of the information provided in this guidebook focuses on strategies for effectively responding to sexual abuse and 

assault within correctional environments. Of equal—if not greater—importance, however, is its prevention. While it is crucial 

to know how to respond to an incident, it is perhaps even more important to know the steps that can be taken to help prevent 

abuse from occurring in the first place. 

The ultimate goal of community corrections is the protection of public safety through offender accountability and the 

safety of offenders while under community corrections supervision must be an integral part of this mission. This final section 

aims to identify ways in which sexual abuse and assault can be prevented in community corrections settings and to highlight a 

variety of strategies that can be adopted at both the individual and agency levels. 

Contributing to a Culture of Zero Tolerance

As discussed in previous sections, building a culture of zero tolerance should set the foundation of agency efforts to 

better prevent and address sexual abuse and assault within correctional environments. Achieving a culture of zero tolerance, 

however, requires the efforts of staff at all levels. No one individual within an agency can implement a change in the culture of 

an organization; rather, cultural change requires the efforts of everyone. In short, creating a culture of zero tolerance must be 

an agency-wide initiative. 

Community corrections professionals, therefore, have a responsibility to contribute to the development of a culture of zero 

tolerance within their agency, as the success of an agency-wide initiative depends on the actions of individual staff members. 

The following represent ways in which individual community corrections staff members can contribute to zero tolerance and 

prevent sexual abuse within their agencies.

Tip #1: Establish professional boundaries with offenders under supervision.

The first step to prevent staff sexual misconduct within an agency begins with assessing your own relationships with 

offenders under supervision. Community corrections professionals should establish professional boundaries with offenders 

immediately upon meeting them and must maintain these boundaries throughout the duration of their supervision. While it 

is important to develop a rapport with offenders, community corrections should avoid certain behaviors and interactions.

•	 Refrain from overly familiar behaviors with offenders, including touching (other than handshakes);

•	 Avoid scheduling office visits outside of normal business hours;

•	 Remove suggestive materials (e.g., sexualized calendars, posters) from the facility, including the office environment;

•	 Refrain from discussing personal matters with an offender under supervision;

•	 Refrain from asking an offender to do personal favors for you;

•	 Refrain from doing personal favors (e.g. overlooking violations of supervision requirements) for an offender;

•	 Avoid spending extended or unnecessary time with offenders in personal areas, including bed- or dorm rooms and 

restroom facilities;

•	 Avoid unnecessary one-on-one encounters with offenders behind closed doors;

Section Six

Protecting Offenders, Preventing Abuse
46

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

•	 Avoid mixed-gender transporting of offenders;

•	 Refrain from engaging in sexualized conversations with or telling inappropriate jokes to an offender; and, 

•	 Refrain from giving or accepting gifts to or from an offender.

Tip #2: Inform offenders of their right to be protected from sexual abuse.

Notifying offenders of their right to protection against sexual abuse while under supervision is another critical component 

of creating a culture of zero tolerance. Community corrections officers should inform offenders under their supervision of an 

agency’s zero tolerance policy and of any policies for reporting, responding to, and investigating incidents of sexual violence. 

Offenders should be aware of the mechanisms in place for reporting sexual abuse, how to access these mechanisms should 

an incident occur, and the process through which the agency will respond to reports of abuse. This sends a clear message to 

offenders that sexual abuse will not be tolerated, which translates into greater trust in the system. While emphasis should be 

placed on agency policies and procedures designed to protect offenders from abuse, community corrections officers should also 

inform offenders about procedures in place to detect and address false allegations of abuse.

Tip #3: Be aware of the red flags of potential sexual abuse and report concerns to appropriate 

authorities.

An important part of contributing to a culture of zero tolerance is an awareness of the signs of potential abuse among 

offenders and staff members alike. Section Four discusses a number of red flags that may indicate potential sexual abuse among 

offenders and between staff and offenders. Review this list on page ##?. What are some additional red flags that may indicate 

a sexually abusive relationship?

Sexual abuse in correctional environments, including both offender-offender abuse and 

staff sexual misconduct, compromise the safety and security of the entire agency. One of 

the primary missions of corrections is to provide a safe environment for the rehabilitation 

of offenders, and all incidents of sexual abuse and misconduct must therefore be reported 

and addressed.

The code of silence has often been identified by corrections professionals as presenting 

a barrier to reporting abuses among offenders and staff members alike. While loyalty 

among correctional staff can be a powerful tool in a complex correctional organization, it 

cannot come before the safety and security of the agency, staff, and offenders. One of 

the challenges, therefore, to building a culture of zero tolerance is breaking this code of 

silence and replacing it with a code of respect and responsibility. 

What barriers to the creation of a zero tolerance culture exist within your agency? What 

actions can you take to help overcome these barriers?

Breaking

The

Code

of

Silence
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

47

In addition to being aware of the various indicators that 

abuse may be occurring, it is critical to report any concerns or 

suspicions you have to an appropriate authority within your 

agency. For instance, have you noticed a colleague spending 

excessive amounts of time with a particular offender? Are 

certain offenders consistently scheduling office visits with a 

coworker late in the evening or outside of regular business 

hours? Does a particular offender on your caseload refuse to talk 

about his experience while incarcerated? Discuss your concerns 

with your supervisor. It is only through sharing concerns that 

administrators will be able to address them and prevent further 

abuse.

Tip #4: In residential settings, use screening tools 

to assist in identifying offenders who may be 

abusive or vulnerable to abuse.

As discussed in Section Five, offenders in residential 

community corrections facilities, including halfway houses, 

should be screened at intake for risk of both victimization and 

propensity to perpetrate sexual abuse, and decisions regarding 

housing, bed, work education, and program assignments should 

be made with consideration to assessment results. Community 

corrections facilities should avoid housing offenders identified 

as having a high risk of committing sexual abuse with an 

individual classified as being vulnerable to abuse. Many 

residential community corrections facilities may not have the 

physical capability to isolate or segregate individuals identified 

as having a high risk of perpetrating sexual abuse against others. 

Community corrections staff should therefore consider other 

available options for managing such individuals within the 

facility, including increased levels of supervision, etc. 

Decisions regarding housing, bed, work, education, and 

program assignments should be made on a case-by-cases basis, 

based on the judgment of community corrections professionals 

and informed by screening results. Housing and placement 

decisions should never be determined solely on the GLBTI 

status of an offender. While offenders who self-identify as being 

vulnerable to abuse should be provided protection while residing 

in the facility, they should not be totally isolated from other 

residents and should be afforded opportunities to participate in 

appropriate programs and activities. 

Creating a culture of zero tolerance for sexual abuse is a 

complex process that must be approached at the agency level; 

however, its success depends on the individual actions of each 

staff member. Community corrections professionals have a 

Probation, parole, and pretrial officers often 

address program violations among the offenders 

they supervise, and these violations may result in 

a range of punitive measures, including warnings, 

added conditions, and incarceration. If the 

officer suspects that an offender has previously 

experienced corrections-based sexual abuse or 

is at high risk of being victimized, all precautions 

should be taken to ensure the safety and security 

of that individual during incarceration. Community 

corrections professionals should immediately inform 

jail staff of an offender’s vulnerability, and when 

appropriate provide recommendations for housing 

assignments. The officer should document the 

notification and retain a copy. 

Raising 

the Red 

Flags
48

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

responsibility to ensure the safety and security of offenders while under community supervision, and should take proactive 

measures to contribute to a culture of zero tolerance for sexual abuse within their agency. The strategies identified above 

outline a variety of ways that community corrections staff can—and should—protect offenders from being sexually abused, 

and incorporating these tips into the daily activities will help achieve the creation of an agency-wide culture of zero tolerance 

for sexual abuse.

Protection Against False Allegations

While informing offenders of their right to be protected from sexual abuse is an important component of preventing 

sexual abuse, community corrections professionals may be concerned that such notification could spawn false allegations 

of abuse against staff. A thorough, comprehensive investigative process should identify false accusations, and it is 

important for all agencies to have policies and procedures in place for identifying and disciplining individuals who 

knowingly make false accusations against others. 

In addition, community corrections staff should consider the following tips to protect themselves against false 

accusations of sexual abuse:

•	 Establish and maintain professional boundaries with offenders;

•	 Avoid being alone with offenders for prolonged or regular periods of time;

•	 To the extent possible, document how time is spent with offenders during office visits, home visits, etc.;

•	 Avoid mixed-gender transport or body searches without an additional staff person; 

•	 Keep office doors open when meeting with offenders; 

•	 Avoid any interaction with an offender that may appear inappropriate; and,

•	 Be familiar with and understand the investigative process in your agency or jurisdiction.

Although false allegations of abuse should be identified and addressed through the investigative process, these and 

other recommended strategies may help in protecting staff from becoming the target of phony accusations in the first 

place. 
Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

49
50

Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

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Newman, C. (2007). Boundary Issues in the Professional/Client Relationship. Journal of Community Corrections, Fall 2007.

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Peters, S.R., and Peters, S.D. (1998). Violent Adolescent Females. Corrections Today, 98(60): 28 – 30.

Pino, N.W., and Meier, D.F. (1999). Gender Differences in Rape Reporting. Sex Roles: A Journal of Research, 1(40): 979 – 990.
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Roberts, M. (2005, March 4). Some Sex Charges Dismissed After Witness’s Prison Suicide. The Oregonian. Retrieved 

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Appendix A: Suggested Readings

Appendix B: The American Probation and Parole 

Association Code of Ethics

Appendix C: International Community Corrections 

Association Code of Ethics

Appendix D: National Association of Pretrial 

Service Agencies Code of Ethics

Appendix E: The American Probation and 

Parole Association Resolution on Staff Sexual 

Misconduct

Appendix F: State Criminal Laws Prohibiting 

Sexual Abuse of Individuals Under Community 

Corrections Supervision

Appendices
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Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Appendix A

Suggested Readings

Amnesty International. (1999). Not Part of My Sentence: Violations of Human Rights of Women in Custody. New York: Amnesty 

International. 

Buell, M., Layman, E., McCampbell, S., and Smith, B.V. (2003). Addressing Sexual Misconduct in Community Corrections. 

Perspectives, 27(2): 26 – 37.

Fleisher, M.S., and Krienert, J.L. (2006). The Culture of Prison Sexual Violence. Retrieved from the National Criminal Justice 

Reference Service: http://www.ncjrs.gov/pdffiles1/nij/grants/216515.pdf

Gerlicher, C., and Shorba, J. (October 2007). PREA and the Investigative Process. Corrections Today, p. 70 – 75.

Layman, E.P., and McCampbell, S.W. (2004). Preventing and Addressing Staff Sexual Misconduct in Community Corrections: A 

Training Program for Agency Administrators. Retrieved from the National Institute of Corrections Web site: http://community.nicic.org/

files/folders/prea/entry1833.aspx

Moss, A., and Wall, A.T. (2005, August). Addressing the Challenge of Inmate Rape. Corrections Today, 67(5): 74 – 78.

National Institute of Corrections and The Moss Group. (2006). Prison Rape Elimination Act (PREA): Considerations for Policy Review. 

Washington, DC: U.S. Department of Justice.

National Institute of Corrections and The Moss Group. (2007). PREA Statewide Probation and Parole Direction. 

Smith, B.V. (2003). Watching You Watching Me. Yale Journal of Law and Feminism, 15(2):225 – 288. 

Smith, B.V. (2006). Rethinking Prison Sex: Self Expression and Safety. Columbia Journal of Gender and the Law, 15: 185 - 234.

Tewksbury, R. (1989). Fear of Sexual Assault in Prison Inmates. The Prison Journal, 69(1): 62 – 71.

Vera Institute. (2006). Confronting Confinement: A Report of the Commission on Safety and Abuse in America’s Prisons. Washington, 

DC: Vera Institute of Justice. 
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Appendix B

The American Probation and Parole Association

Code of Ethics

1. I will render professional service to the justice system and the community at large in effecting the social adjustment 

of the offender. 

2. I will uphold the law with dignity, displaying an awareness of my responsibility to offenders while recognizing the 

right of the public to be safeguarded from criminal activity. 

3. I will strive to be objective in the performance of my duties, recognizing the inalienable right of all persons, appreciating 

the inherent worth of the individual, and respecting those confidences which can be reposed in me. 

4. I will conduct my personal life with decorum, neither accepting nor granting favors in connection with my office. 

5. I will cooperate with my co-workers and related agencies and will continually strive to improve my professional 

competence through the seeking and sharing of knowledge and understanding. 

6. I will distinguish clearly, in public, between my statements and actions as an individual and as a representative of my 

profession. 

7. I will encourage policy, procedures and personnel practices, which will enable others to conduct themselves in 

accordance with the values, goals and objectives of the American Probation and Parole Association. 

8. I recognize my office as a symbol of public faith and I accept it as a public trust to be held as long as I am true to the 

ethics of the American Probation and Parole Association. 

9. I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession. 
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Appendix C

International Community Corrections Association

Code of Ethics

PREAMBLE

The International Community Corrections Association, as a private, non-profit, membership organization, acts as a world 

unifying body and public advocate for the causes and concerns of community-based residential services in the fields of criminal 

and juvenile justice, substance abuse, mental health, and mental retardation. As such, it expects of its members compassion, 

belief in the dignity and worth of human beings, respect for individual differences and a commitment to quality care for its 

clients. It requires of its members the professional background, research and expertise necessary to ensure performance of 

effective quality services delivered with integrity and competence. ICCA affirms its primary goal is the successful reintegration 

of the client into the community. 

BASIC PRECEPTS

A. GENERAL CONDUCT

1. We are committed to contributing time and professional expertise to activities that promote respect for the utility, 

integrity and competence of those in the field of community-based residential services.

2. We will not condone dishonesty, fraud, deceit, or misrepresentation.

3. We will distinguish clearly between statements and actions made as private individuals and as representatives of 

agencies or organizations and IHHA.

4. We will conduct our daily relationships in a dignified, courteous and professional manner and will not exploit our 

professional relationships for personal gain. 

5. We will work for change and improvement as part of the human service system within the framework of existing policy, 

procedures and tradition, respecting all elements of the system and interacting with each in a spirit of cooperation.

6. We will uphold and advocate for the values, knowledge and need for community-based residential services.

7. We will be committed to the development of sound policies and programs to maintain the quality and effectiveness 

of or services.

B. ETHICAL RESPONSIBILITY TO CLIENTS

1. We do not practice nor condone any form of discrimination on the basis of race, color, sex, age, religion, national 

origin, mental or physical handicap or any other preference or personal characteristic, condition or status. 

2. We will serve clients with the maximum application of professional skill, competence and dedication to help them 

assume responsibility for themselves.

3. Exploitation of relationships with clients will not be condones.

4. We will uphold clients’ rights to a relationship of mutual trust, privacy and confidentiality and to responsible use of 

information.

5. Adherence to standards essential to the health and safety, as well as to the well-being of clients, is fundamental to the 

quality of life and will be a primary concern. 

6. We will assist clients to achieve self-fulfillment and maximum potential within the limits of the equal rights of others 

and the client’s legitimate desires and interests. 

7. Toward those whose behavior is unacceptable, we will determine our course between empathy and allowing the client 

the freedom to take responsibility for his actions.

8. Our goal will be to provide clients with the opportunity for change and self-regulation and the achievement of their 

maximum potential.
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C. ETHICAL RESPONSIBILITY TO COLLEAGUES

1. Respecting the training and performance of colleagues and other professionals, we will extend the cooperation 

necessary to enhance effective quality services to all.

2. We will respect differences of opinion and practice of colleagues and other professionals, expressing criticism in 

verbal or written communications in a responsible, appropriate and constructive manner.

3. We will extend to colleagues of other professions the same respect and cooperation that is extended to members of 

the International Halfway House Association.

D. ETHICAL RESPONSIBILITIES TO EMPLOYERS AND CONTRACTORS

1. We will adhere responsibility to commitments made to our employers and contractors.

2. We will work to improve agencies’ and contractors’ policies and procedures and the efficiency, effectiveness and 

quality of services.

3. We pledge integrity in contracting for the provision of client services, procurement of grants and purchase of service 

contracts from any source. 

4. We affirm the obligation of contracting agencies to negotiate fairly for the provision of client services and to avoid 

any practice resulting in unfair advantage to one party over another. 

E. ETHICAL RESPONSIBILITIES TO THE COMMUNITY

1. We recognize our responsibility to the client without disregarding our responsibility to the community.

2. Believing in man’s ability to overcome his problems within the community, we will remain committed to helping 

clients to return to their communities as productive citizens.
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Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals

Appendix D

National Association of Pretrial Services Agencies (NAPSA)

Code of Ethics

As a pretrial services professional I will:

•	 Assist the criminal justice system in its dealings with pretrial defendants to the best of my ability and will conduct 

myself as a professional at all times;

•	 Respect the dignity of the individual, be they defendants, victims, or fellow criminal justice professionals;

•	 Respect the dignity and integrity of the court;

•	 Respect the presumption of innocence of all defendants, until proven guilty beyond a reasonable doubt, and to 

uphold the fundamental right of every accused person who has been arrested and is facing prosecution under the 

U.S. criminal justice system;

•	 Pledge that the information I provide to the court and the decisions I make are as accurate and objective as possible;

•	 Treat all people equally regardless of race, national origin, disability, age, gender, sexual orientation or religion;

•	 Protect the confidentiality of all information obtained, except when necessary to prevent serious, foreseeable, and/or 

imminent harm to a defendant or other identifiable person(s);

•	 Avoid impropriety or the appearance of impropriety;

•	 Avoid any conflicts of interest and will not evaluate, supervise and/or provide services to anyone I have an existing 

relationship with, nor enter into a personal or business relationship with anyone I evaluate, supervise or provide 

services to;

•	 Continue to pursue my own professional development and education to further my expertise in the field;

•	 Promote the growth of pretrial services, as well as encourage and cooperate with research and development in 

advancing the field;

•	 Respect and promote the fundamental principles and professional standards which guide pretrial services and will 

implement these best practices to the extent I am able;

•	 Refrain from providing legal advice to any pretrial defendants; and lastly,

•	 Promise to conduct myself as an individual of good character who will act in good faith in making reliable ethical 

judgments.
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Appendix E

The American Probation and Parole Association

Resolution on Staff Sexual Misconduct

Passed, August 25, 2003

Whereas, the American Probation and Parole Association has identified staff sexual misconduct as unprofessional, unethical 

and unacceptable. 

Whereas, this conduct threatens the safety of the community, community supervision officers, offenders, defendants, victims 

of crime and all others involved with the justice system and erodes public confidence and support of the justice system. 

Whereas, individuals involved with the justice system and community supervision staff have a right to non-hostile 

interactions and environments free from sexual remarks, innuendos, behaviors or displays.

Whereas, the definition of staff sexual misconduct is not limited to unwanted sexual contact. Sexual misconduct is a range of 

behaviors or situations that include, but are not limited to: inappropriate remarks, sexualized name calling, correspondence, 

conversations, and other communications that indicates a professional relationship, inappropriate displays, fondling, 

inappropriate viewing, and sexual contact with individuals vulnerable to the authority of the justice system. 

Whereas, any sexual misconduct by community supervision staff and offenders or defendants should result in immediate 

investigation and, if warranted, disciplinary action. 

Whereas, not all states have defined this conduct as criminal or have prohibited this conduct. 

Whereas, not all community supervision agencies have identified or prohibited this conduct by their staff or the staff of 

agencies with which they contract.

Whereas, all individuals involved with the justice system have a right to be free from community supervision staff sexual 

misconduct.

Therefore be it resolved that, The American Probation and Parole Association supports the implementation of policies that 

prohibit staff sexual misconduct and encourage the passage of laws that criminalize this conduct by staff. 
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The American Probation and Parole Association

Resolution on The Prison Rape Elimination Act

Passed, February 13, 2005

Whereas: President George W. Bush signed into law S. 1435, the “Prison Rape Elimination Act of 2003.

Whereas: The Prison Rape Elimination Act of 2003 provides for the analysis of the incidence and effects of prison rape in 

federal, state and local institutions, resources, recommendations and funding to protect individuals from prison rape.

Whereas: The Act establishes a framework for actions at many levels, including federal, state and local prison systems; 

the U.S. Department of Justice; and accreditation organizations. In addition, the Act provides that federal, state and local 

officials must participate in surveys and studies, and the selection of facilities, “shall not be disclosed to any facility prison 

system official prior to the time period studied in the survey.”

Whereas: The creates a National Prison Rape Reduction commission and grants the Commission a right of access to 

any federal department or agency information it considers necessary to carry out its duties, and provides for release of 

information to the public.

Whereas: The purposes of the Act are to:

1. establish a zero-tolerance standard for the incidence of prison rape in prisons in the United States;

2. make the prevention of prison rape a top priority in each prison system;

3. develop and implement national standards for the detection, prevention, reduction and punishment of prison rape;

4. increase the available data and information on the incidence of prison rape, consequently improving the 

management and administration of correctional facilities;

5. standardize the definitions used for collecting data on the incidence of prison rape;

6. increase the accountability of prison officials who fail to detect, prevent, reduce and punish prison rape;

7. protect the Eighth Amendment rights of federal, state and local prisoners;

8. increase the efficiency and effectiveness of federal expenditures through grant programs such as those dealing with 

health care; disease prevention; crime prevention, investigation and prosecution; prison construction, maintenance 

and operation; race relations; poverty; unemployment and homelessness; and

9. reduce the costs that prison rape imposes on interstate commerce.

Whereas: Many community corrections, probation and parole agencies operate or manage residential facilities for 

individuals under community supervision or contract with said type of facilities where sexual assault can occur;

Whereas: Individuals transitioning to community-based supervision from prisons and jails, who have been the victims of 

sexual assault and may be in need of services to address their victimization;

Whereas: Community corrections officers, probation officers and/or parole officers may be the first person an individual 

who is the victim of sexual assault tells of the said assault and the officer requires knowledge in how to address this situation 

and assist the victimized party;

Whereas: An individual who is incarcerated should not be subjected to sexual assault by other offenders or staff.

Therefore, be it resolved.

The American Probation and Parole Association hereby recognizes the importance of the Prison Rape Elimination Act to 

minimize the day-to-day horror experienced by victimized incarcerated individuals and recommends that probation, parole 

and community supervision agencies support the Act.
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Source: August 2009. The NIC/WCL Project on Addressing Prison Rape

State Criminal Laws Prohibiting Sexual Abuse of Individuals Under Community 

Corrections Supervision

National Institute of Corrections/American University, Washington College of Law – August 2009

Florida

Arizona

Texas

Montana

N.D.

S. D.

WyomingColorado

Neb.

Kansas

N. M.

Utah

Idaho

Oregon

Nevada

California

Minn.Iowa

Ark.

La.

Wis.

Ill.

In.

Ohio

Ms. Al.

Tenn.

Ky.

Va.

WV

N.Y.Pa.

Me.

Mo.

Mich.

Ga.

N.C.

S.C.

D.C.

Md.

N.J.Del.

Vt. N.H.

Mass.RI Ct.

HawaiiAlaska

Okla.

Some forms of community corrections are covered by the lawNOTE: Please see the Fifty State Survey on State Criminal Laws Prohibiting the Sexual Abuse of Individuals under Correctional Supervision and checklist to see what forms of community corrections are covered in your state. Community corrections is not covered by the law

Wash.

Appendix F

State Criminal 

Laws Prohibiting Sexual Abuse of 

Individuals 

Under Community Correc

-

tions Supervision
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