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Sexual abuse of an inmate, detainee, or resident by
another inmate, detainee, or resident
includes any of the following acts, if the victim
does not consent, is coerced into such act by overt
or implied threats of violence, or is unable to
consent or refuse:
(1)
Contact between the penis and the vulva or the penis
and the anus, including penetration, however slight;
(2)
Contact between the mouth and the penis, vulva, or
anus;
(3)
Penetration of the anal or genital opening of
another person, however slight, by a hand, finger,
object, or other instrument; and
(4)
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 an inmate, detainee, or resident by
a staff member, contractor, or volunteer
includes any of the following acts, with or without
consent of the inmate, detainee, or resident:
(1)
Contact between the penis and the vulva or the penis
and the anus, including penetration, however slight;
(2)
Contact between the mouth and the penis, vulva, or
anus;
(3)
Contact between the mouth and any body part where
the staff member, contractor, or volunteer has the
intent to abuse, arouse, or gratify sexual desire;
(4)
Penetration of the anal or genital opening, however
slight, by a hand, finger, object, or other
instrument, that is unrelated to official duties or
where the staff member, contractor, or volunteer has
the intent to abuse, arouse, or gratify sexual
desire;
(5)
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 where the
staff member, contractor, or volunteer has the
intent to abuse, arouse, or gratify sexual desire;
(6) Any attempt, threat, or request by a staff
member, contractor, or volunteer to engage in the
activities described in paragraphs (1)-(5) of this
section;
(7) Any display by a staff member, contractor, or
volunteer of his or her uncovered genitalia,
buttocks, or breast in the presence of an inmate,
detainee, or resident, and
(8) Voyeurism by a staff member, contractor, or
volunteer.
Voyeurism by a staff member, contractor, or
volunteer
means an invasion of privacy of an inmate, detainee,
or resident by staff for reasons unrelated to
official duties, such as peering at an inmate who is
using a toilet in his or her cell to perform bodily
functions; requiring an inmate to expose his or her
buttocks, genitals, or breasts; or taking images of
all or part of an inmate’s naked body or of an
inmate performing bodily functions.
Sexual harassment:
(1)
Repeated and unwelcome sexual advances, requests for
sexual favors, or verbal comments, gestures, or
actions of a derogatory or offensive sexual nature
by one inmate, detainee, or resident directed toward
another; and
(2)Repeated verbal comments or gestures of a sexual
nature to an inmate, detainee, or resident by a
staff member, contractor, or volunteer, including
demeaning references to gender, sexually suggestive
or derogatory comments about body or clothing, or
obscene language or gestures. |
