About the Prison Rape Elimination Act of 2003

Congress enacted the Prison Rape Elimination Act of 2003 (PREA, P.L. 108-79) in September 2003 to address the problem of sexual abuse of persons in the custody of U.S. correctional agencies.

PREA calls for federal, state, and local corrections systems to have a zero-tolerance policy regarding prison rape (as defined by PREA) in prisons, jails, police lock-ups, and other confinement facilities. The Act requires development of standards for detection, prevention, reduction and punishment of prison rape.

The Prison Rape Elimination Act applies to:

• All public and private institutions that house adult or juvenile offenders and to community-based correctional agencies.
• Staff working in correctional settings who may receive a report of sexual abuse either between inmates, or of a staff member toward an inmate.

Strong leadership in state prison administrations and criminal justice and corrections agencies is critical to changing prison culture and the culture of staff on offender victimization. Zero-tolerance for sexual violence and other predatory behavior was cited as the foundation for successful programs.

To deal with the effects of sexual violence and eventually eliminate it, state correctional administrators recommend:

• Developing a department¬ wide strategy and specific policies and programs for inmate/offender education as well as investigation, prosecution, provision of victim services, and accurate documentation of sexual assaults;
• Cultivating management, staff and inmate buy-in to the strategy;
• Developing staff in-service training programs that specifically address rape, and ensuring that staff will be protected from false allegations;
• Developing inmate/offender education programs that explain prison policies and practices regarding rape, inmate rights, and how to avoid assault