Frequently Asked Questions

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Frequently Asked Questions

1. How does PREA impact Office of Juvenile Justice Services Detention Center?

 

PREA requires all Office of Juvenile Justice Services employees, contractors, and volunteers who may have contact with youth detained in its center to be trained of their responsibilities under the department’s PREA policy on how to prevent, detect, and respond to any knowledge, suspicion, or reported incidents of sexual abuse and/or sexual harassment. Youth are also advised of their right to be free from sexual abuse or sexual harassment, how to report any knowledge or suspicion of sexual abuse and/or sexual harassment in the center.

2. What is a PREA incident?

Sexual abuse is defined as:
Sexual abuse of a youth by another youth includes any of the following acts if the victim:
1) does not consent; 2) is coerced into such act by overt or implied threats of violence or;
3) is unable to consent or refuse:
• Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
• Contact between the mouth and the penis, vulva, or anus;
• Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
• Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.
• Sexual abuse of a youth by a staff member, contractor, volunteer, or visitor includes any of the following acts:
• Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
• Contact between the mouth and the penis, vulva, or anus;
• Contact between the mouth and any body part with the intent to abuse, arouse, or gratify sexual desire;
• Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or with the intent to abuse, arouse, or gratify sexual desire;
• Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or with the intent to abuse, arouse, or gratify sexual desire;
• Any attempt, threat, or request to engage in the activities described above;
• Any display of genitalia, buttocks, or breast in the presence of a youth; and
• Voyeurism.

Sexual harassment:
• Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one youth directed toward another;
• Any repeated verbal comments or gestures of a sexual nature to a youth by a staff member, contractor, volunteer, or visitor, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

3. Investigations of PREA incident reports?

The Office of Juvenile Justice Services Detention Center shall ensure that an administrative or criminal investigation into all allegations of sexual abuse and sexual harassment are done promptly, thoroughly, and objectively. This includes third-party and anonymous reports.
All allegations staff/contractor/volunteer-on-youth sexual abuse and youth-on-youth sexual abuse involving potentially criminal behavior shall be referred to the Calcasieu Parish Sheriff’s Office-Sex Crimes Division. Any staff/contractor/volunteer-on-youth or youth-on-youth sexual harassment shall be investigated internally by the Office of Juvenile Justice Services Internal Investigation Team (OJJSIIT) and if it is felt there is anything staff/contractor/volunteer-on-youth sexual harassment might fall under child abuse, OJJSIIT will check with the Calcasieu Parish District Attorney’s Office to see if potentially criminal before going forward with the investigation internally. 


4. What are the possible dispositions of PREA reports?


There are three possible dispositions:
Substantiated: Reports are those where an investigation determines that an incident did
occur.
Unsubstantiated: Reports are those where evidence is insufficient to make a final
determination that an incident occurred.
Unfounded: Reports are those where an investigation determines that an incident did
not occur.


5. Who is permitted to report PREA incidents on behalf of a youth?

• Parent/Legal Guardian
• Third-party


6. What does it mean to be a third-party reporter?

A third-party reporter is someone who reports sexual abuse and sexual harassment but is neither the victim nor the abuser. This person may have been told by the victim about the abuse or harassment, or witnessed it first-hand. “Third-party” includes other youth in the detention center, members of staff, family members, attorneys, and outside advocates.
• A third party can submit a report without disclosing her or his name or that of the alleged victim or abuser. 

 
7. What will happen if I make a false report of abuse?

All reports of abuse are taken very seriously and investigated thoroughly. Anyone who makes a false report of abuse may be charged with criminal charges. If a report was made in good faith and based upon a reasonable belief that the alleged conduct occurred it is not considered false reporting.

8. How can a parent/legal guardian or third-party report a PREA incident?

 

A parent/legal guardian or third-party can report a PREA incident by:
• Filing a grievance at the OJJS Detention Center Click here OJJS Grievance Policy
• Call the Detention Manager at (337) 721-3920
• Call the toll-free number of Oasis Sexual Violence Program (1-800-223-8066)
• Completing the third-party reporting form click here for form and mail or email it to the PREA Coordinator at ktaylor@cppj.net


RESOURCES:

National PREA Resource Center http://www.prearesourcecenter.org

National Institute of Corrections http://nicic.gov/?q=PREA

Just Detention International http://www.justdetention.org/en/FPREA.aspx