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                                    NIC Library Collection
                                    Legal Responses To Sexual Violence In Custody: Using Existing State Mandatory Reporting Statutes To Improve Disclosure of Sexual Violence In Correctional Settings

      

                    
          
    Legal Responses to Sexual Violence in Custody: Using Existing State Mandatory Reporting Statutes to Improve Disclosure of Sexual Violence in Correctional Settings
“This publication provides an introduction to mandatory reporting laws, and how these laws can help corrections officials respond to sexual abuse in custodial settings, both offender-on-offender and staff sexual misconduct. The importance of mandatory reporting laws cannot be overstated, given recent scandals involving the abuse of vulnerable populations, including youth. This publication provides insight into the utility of mandatory reporting laws, in light of the enactment of the Prison Rape Elimination Act of 2003 (PREA).” Sections comprising this paper are: introduction; background-the Prison Rape Elimination Act (PREA) of 2003; mandatory reporting and juveniles-who a juvenile is, who the mandatory reporter is, what the standard of proof is, and consequences of failing to report; mandatory reporting and vulnerable persons-who a vulnerable person is, who the mandatory reporter is, what the standard of proof is, and consequences for failing to report; bringing correctional settings in line with state mandatory reporting requirements-reporting procedures, and other issues to consider such as what to report and retaliation; and conclusion.Accession Number
              027278

  Download Links
          Download the PDF

  Publication Year
              2012

  Length
              34 pages

  Authors
          Brenda V. Smith
          Loren Ponds
          Melissa C. Loomis

  Series
          The Project on Addressing Prison Rape White Paper

  Sources
          American University - Washington College of Law - Project on Addressing Prison Rape (Washington DC)

  Sponsors
          National Institute of Corrections (NIC) (Washington DC)
Tags
    Inmate sexual assault
          Staff inmate relations
          Court cases
          Prison violence
          Social structure Return to top

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