PREA Responding to Alleged Sexual Assault (J-57.10)
I. Policy
Cass County Sheriff's Office (CCSO) administration will respond to allegations of sexual abuse and sexual harassment as quickly as possible to ensure evidence is collected and the detainee has the
appropriate forensic examination, as needed. The administration will ensure the allegations of sexual abuse and sexual harassment are investigated, as needed by the Cass County Sheriff's Office Investigations Division. CCSO will provide necessary medical and mental health services to the detainee, as needed. 115.22(a) CCSO will publish this policy on the CCSO website. 115.22 (b)
II. Procedure
A. Sexual Assault
1. A detainee that alleges he/she was a victim of a sexual assault will be immediately removed from their current cell location and taken to the medical office or booking, if medical is not on duty.
2. If the medical staff is on duty they will only treat any injuries requiring immediate attention but will not perform any routine examination procedures.
3. After medical (if on duty) has treated injuries requiring immediate attention the Supervisor will arrange for a transport to Methodist Hospital and will notify the Administrator of the alleged sexual assault. All victims of sexual abuse shall have access to a forensic medical examination without cost, where evidentiary or medical
appropriate. 115.21(c)-1 115.21(c)-2 Methodist Hospital
Address: 8303 Dodge St, Omaha, NE 68114
Phone: (402) 354-4000
4. Methodist Hospital will have a Sexual Assault Nurse Examiners (SANEs) or a Sexual Assault Forensic Examiners (SAFEs) complete an examination to obtain forensic evidence for an investigation into alleged sexual assault. 115.21(c)-3
a. If SANEs or SAFEs cannot be made available, the examination can be performed by medical practitioners. The CCSO shall document its efforts to provide SAFEs or SANEs.
b. Attempts shall be made to make available to the victim a victim advocate from a rape crisis center in person or by other means. If a rape crisis center is not available to provide victim advocate services, a qualified staff member from a community-based organization shall provide these services. 115.21(d)-1 115.21(d)-3
1. For the purpose of this standard a rape crisis center refers to
an entity that provides intervention and related assistance
such as the services specified in 42 U.S.C. 14043g(b)(2)(C), to
victims of sexual assault of all ages.
2. Efforts shall be documented to secure services from rape crisis
centers. 115.21(d)-2
3. If requested by the victim, the victim advocate or qualified
community-based organization staff member accompanies and
supports the victim through the forensic medical examination
process and investigatory interviews and provides emotional
support, crisis intervention, information, and referrals.
115.21(e)-1
4. As requested by the victim, the victim advocate, qualified
agency staff member, or qualified community-based
organization staff member shall accompany and support the
victim through the forensic medical examination process and
investigatory interviews and shall provide emotional support,
crisis intervention, information, and referrals. 115.21(e)
5. Staff will secure the area of the alleged assault for CCSO Investigation Division.
a. Detainees will be locked down if the alleged assault took place in a pod. If the assault took place in a cell the staff will secure the cell and remove the roommate if there is another detainee assigned to the cell.
b. All Staff will cooperate with the CCSO Investigation Division during the investigation process.
6. Upon the detainee's return from the hospital, all requested mental health counseling will be arranged, if indicated.
7. The detainee will not be placed in the same cell location as the individual that assaulted him/her.
8. Medical staff will review the need for the morning after pill, and all recommended medical care.
9. If requested by the victim the medical staff will provide the detainee with follow-up mental health care.
10. The CCSO Investigations Division will be responsible for all investigations in regards to any sexual assaults in the facility. 115.21(a)-1
11. Staff involved will write an incident report and forward it to the PREA Coordinator, Administrator and CCSO Investigations Division.
12. The PREA Coordinator will follow-up with the CCSO Investigations Division and the Cass County Attorney to ensure the incident of sexual assault allegation in the Facility is appropriately investigated and if criminal prosecution of the perpetrator will take place. 115.22(b)-1
13. The PREA Coordinator will follow-up with the victim to ensure he/she is receiving adequate care for medical and mental health needs.
14. The PREA Coordinator will keep the Administrator informed of all aspects of the alleged sexual assault situation and meet at the conclusion of the investigation to review the reports.
15. The Administrator will be responsible to determine and consequences or change in policy if needed.
16. The PREA Coordinator will securely maintain all documentation of all alleged sexual abuse/sexual harassments. 115.22(b)-3