Prison Rape Elimination Act (PREA)

In 2003, Congress passed the first federal law addressing the sexual assault of prisoners: the Prison Rape Elimination Act (PREA). PREA, which went into effect on September 4, 2003, calls for the creation of national standards to govern the prevention and detection of sexual abuse and sexual violence in secure facilities. Congress expressly included juveniles within the scope of the law, raising special concerns in the text of the law itself about the vulnerability of youth in juvenile and adult facilities. The resources below capture issues related to the sexual assault of juveniles in adult and juvenile facilties, in addition to the PREA's development of national standards.

CCLP Publications

• Testimony of CCLP Executive Director Mark Soler [download]
  On June 1, 2006, CCLP Executive Director Mark Soler testified before the National Prisonn Rape Elimination Commission on sexual abuse of youth in juvenile and adult facilities. His testimony addresses key differences between adult and juvenile facilities.

CCLP Presentations

• The Prison Rape Elimination Act (PREA) and Strategies for Keeping Youth Safe in Juvenile Justice Facilities [download]
  In February 2010, Senior Staff Attorney Dana Shoenberg gave a presentation to administrators at the Maryland Department of Juvenile Justice. In that presentation, she explained PREA and the status of the PREA standards at that point in time, discussed the dynamics of juvenile facility sexual misconduct and common themes in facilities with those problems, and examined aspects of facility operations through a sexual misconduct prevention lens.

• Conditions of Confinement:  Keeping Youth Safe in Juvenile Justice Facilities [download]
  In December 2008, Senior Staff Attorney Dana Shoenberg gave a presentation on sexual misconduct in juvenile facilities at a conference hosted by the Texas Juvenile Probation Commission. She highlighted aspects of facility conditions important to keeping youth safe from sexual misconduct and harassment. More information on the conference, entitled Behind Closed Doors: Preventing, Responding to, Investigating and Prosecuting Sexual abuse in Juvenile Justice Facilities, can be found by following this link.

Other Resources

• Sexual Victimization in Juvenile Facilities Reported by Youth, 2008-2009 [Download]
  In January 2009, the Office of Justice Program's Bureau of Justice Statistics (BJS) published a report based on the National Survey of Youth in Custody. The study indicated that more than 1 in 10 youth in state juvenile facilities and large local facilities reported experiencing at least one incident of sexual victimization by staff or youth in the previous 12 months.

• Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Juvenile Facilities [download]
  On June 23, 2009, the National Prison Rape Elimination Commission, created by the PREA to formulate national standards addressing the sexual abuse of prisoners, released its final report and proposed standards to prevent, detect, respond to and monitor sexual abuse of incarcerated or detained individuals throughout the United States. This document contains the Commission's proposed standards for juveniles.

• National Prison Rape Elimination Commission Report [download]
  On June 23, 2009, the National Prison Rape Elimination Commission, created by the PREA to formulate national standards addressing the sexual abuse of prisoners, released its final report and proposed standards to prevent, detect, respond to and monitor sexual abuse of incarcerated or detained individuals throughout the United States. Part 7 of the final report reviews the special issues related to children held in secure facilities, noting that "juveniles in confinement are much more likely than incarcerated adults to be sexually abused, and they are particularly at risk when confined with adults."

• Sexual Violence Reported by Juvenile Correctional Authorities, 2005-06 [download]
  This 2008 Bureau of Justice Statistics Special Report indicated that the reported rate of sexual abuse in juvenile facilities was more than five times greater than the rate of sexual abuse in adult facilities.

• Hearing: Elimination of Prison Rape: Focus on Juveniles [link]
  The National Prison Rape Elimination Commission held a public hearing on sexual abuse of youth in juvenile and adult facilities in 2006. The Commission's website contains testimony from numerous experts on the issue.