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EROIGSA-15.0007
<br />ATTACHMENT 4: INCORPORATION OF DIIS FREA STANDARDS
<br />This document incorporates the requirements from Subpart A of the U.S, Department of Homeland
<br />Security (DFI5) regulation titled, "Standards to Prevent, Detect, and Respond to Sexual Abuse and
<br />Assault in Confinement Facilities," 79 Fed, Reg, 13100 (Mar, 7, 201 4) that are specifically applicable to
<br />detention facilities. Requirements that are applicable to the agency only have not been included, and
<br />accordingly, the numbering and sequential order within each of the below sections may not necessarily
<br />reflect those contained in Subpart A. Where any requirements of the DHS standards may conflict with
<br />the terms of the ICE 2011 Performance -Based National Detention Standards (PBNDS 2011) currently
<br />applicable at the facility, the DHS PREA standards shall supersede;
<br />115.6 Deflnftions Relatod to Sexual Abuse and Assault
<br />(1) Sexual abuse includes —
<br />(a) Sexual abuse and assault of a detainee by another detainee; and
<br />(b) Sexual abuse and assault of a detainee by a staff member, contractor, or volunteer,
<br />(2) -Sxual abuse of a deta. oo by another detainee includes airy of the following acts by one or mora
<br />detainees, prisoners, inmates, or residents of the facility in which the detainee is housed who, by
<br />force, coercion, or intimidation, or if the victim, did not consent or was unable to consent or
<br />refuse, engages in or attempts to engage in:
<br />(a) Contact between the penis and the vulva or anus and, for purposes of this subparagraph,
<br />contact involving the penis upon penetration, however slight;
<br />(b) Contact between the mouth and the penis, vulva, or anus;
<br />(c) Penetration, however, slight, of the anal or genital opening of another person by a hand or
<br />finger or by any obj act;
<br />(d) Touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either directly or
<br />through the clothing, with an intent, to abuse, humiliate, harass, degrade or arouse or gratify
<br />the sexual desire of any person; or
<br />(e) Threats, intimidation, or other actions or communications by one or more detainees aimed
<br />at coercing or pressuring another detainee to engage in a sexual act.
<br />(3) Sexual abuse of a detafiiec by a staff member ontr rotor oy r volunteer includes any of the
<br />following acts, if engaged in by one or more staff members, volunteers, or contract personnel
<br />who, with or without the consent of the detainee, engages in or attempts to engage in;
<br />(a) Contact between the penis and, the vulva or anus and, for purposes of this subparagraph,
<br />contact involving the penis upon penetration, however slight;
<br />(b) Contact between the mouth and the penis, vulva, or anus;
<br />(o) Penetration, however slight, of the anal Or, genital opening of another person by a hand or
<br />finger or by any object that is mrrolated to official duties or where the staff member,
<br />contractor, or volunteer Inas the intent to abuse, arouse, or gratify sexual desire;
<br />(d) Intentional touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either
<br />directly or through tine clothing, that is unrelated to official duties or where the staff
<br />member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
<br />(e) Threats, intimidation, harassment, hndecent, profane or abusive language, or other actions
<br />or communications, aimed at coercing or pressuring a detainee to engage in a sexual act;
<br />(f) Repeated verbal statements or comments of a sexual nature to a detainee;
<br />(g) Any display of his or her uncovered genitalia, buttocks, or breast in the presence of an
<br />inmate, detainee, or resident, or
<br />(h) Voyeurism, which is defined as the inappropriate visual surveillance of a detainee for
<br />reasons unrelated to official duties. Where not conducted for reasons relating to official
<br />duties, the, following are examples of voyeurism: staring at a detainee who is using a toilet
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