Prison Rape Elimination Act (PREA)
The Prison Rape Elimination Act (PREA) of 2003 is a federal law established to support the elimination and prevention of sexual assault and sexual misconduct in correctional systems. PREA addresses both inmate-to-inmate sexual assault and staff-to-inmate sexual assault. The Sedgwick County Adult Detention Facility (SCADF) fully supports the guidelines set forth in this law and has ZERO-TOLERANCE for any and all incidents of sexual assault and sexual misconduct in accordance with the Prison Rape Elimination Act of 2003.
The SCADF implements its “Zero-Tolerance” policies through a facility-wide systematic process that begins when inmates are initially admitted into the facility. When inmates enter our intake area they are met with a comprehensive educational process where their rights to be free from sexual abuse and harassment is explained in detail to them. From there an assessment is conducted on every inmate to determine their individual risk of victimization or predation using an objective measurement tool based on specific risk factors. This tool is utilized to make an individualized determination of housing and program assignments for each inmate.
Throughout the facility, inmates are exposed to education concerning reporting options through the use of the inmate handbook on kiosks in every inmate living area. In addition to this, there are posters and a video played in the booking area with information in regards to sexual abuse prevention and information concerning victim advocacy.
Inmates at the facility are housed in living units called housing pods. Each housing pod is designed to create direct observation of all inmate corridors so as to minimize blind-spots. Video monitoring is utilized throughout the jail facility to enhance security and surveillance.
When it comes to sexual activity within the jail facility, SCADF policies and procedures are clear; ALL SEXUAL ACTIVITY IS PROHIBITED. Beyond those rules, forced or coerced sexual behavior is a criminal act that merits criminal prosecution.
All substantiated incidents are reported to the investigation section and an investigation is conducted to ensure the perpetrator faces the full consequences of the law. The SCADF ensure that all incidents of sexual assault are thoroughly investigated and referred for prosecution to the Sedgwick County District Attorney.
In accordance with PREA, all investigations are assigned one of three possible determinations:
Substantiated - an allegation which was investigated and determined to have occurred;
Unfounded - an allegation which was investigated and determined not to have occurred;
Unsubstantiated - an allegation which produced insufficient evidence to make a final determination of a substantiated or unfounded claim.
In the year beginning January 1, 2014 and ending December 31, 2014, there were 4 substantiated allegations, 7 unsubstantiated allegations, 26 unfounded cases of sexual abuse and/or sexual harassment. The chart below provides a comparison between fiscal year 2013 and fiscal year 2014
Of the four substantiated cases,two were classified as Offender on Offender Non-Consensual Sexual Assault which resulted in the two separate suspects being referred for prosecution. The other two cases were classified as Offender on Offender Abusive Sexual Assault/Harassment.
All 11 incidents were investigated promptly, thoroughly and objectively yet, did not produce evidence sufficient to make any type of definitive judgment.
In 2015, beginning on January 1, 2015 and ending on December 31, 2015, there were 7 substantiated allegations by inmates, 16 unsubstantiated allegations by inmates, and 17 unfounded allegations by inmates of sexual abuse and/or sexual harassment. The chart below provides a comparison between fiscal year 2014 and fiscal year 2015.
Of the seven substantiated cases, one was classified as Offender on Offender Non-Consensual Sexual Assault; two cases were classified as Offender on Offender Abusive Sexual Act. There were four classified as Offender on Offender Sexual Harassment, in 2015 this was an added to the classification table. 
In 2016, beginning on January 1, 2016 and ending on December 31, 2016 there were 8 substantiated allegations by inmates, 19 unsubstantiated allegations by inmates, and 1 unfounded allegations by inmates of sexual abuse and/or sexual harassment. The chart below provides a comparison between the fiscal year 2015 and fiscal year 2016.
Of the eight substantiated cases, four was classified as Offender on Offender Non-Consensual Sexual Assault and four were classified as Offender on offender Abusive Sexual Act. 
In 2017, beginning on January 1, 2017 and ending on December 31, 2017 there was 1 substantiated staff allegation by inmates, 12 substantiated allegations by inmates, 26 unsubstantiated allegations by inmates, and 4 unfounded allegations by inmates of sexual abuse and/or sexual harassment. The chart below provides a comparison between the fiscal year 2016 and fiscal year 2017.
The one substantiated case was classified as Staff Sexual Misconduct by a contracted employee. Of the twelve substantiated cases, four were classified as Offender on Offender Sexual Assault and eight were classified as Offender on Offender Sexual Harassment.
In 2018, beginning January 1, 2018 and ending on December 31, 2018 there were 0 substantiated staff allegations, 6 substantiated allegations, 3 unsubstantiated staff allegations, 28 unsubstantiated allegations, 17 unfounded staff allegations and 6 unfounded allegations. The chart above provides a comparison between the fiscal year 2017 and 2018. Of the six substantiated cases by offenders, two were classified as offender on offender abusive sexual contact and four were classified as offenders on offenders sexual harassment.
In 2019, beginning January 1, 2019 and ending on December 31, 2019 there were 5 substantiated allegations, 10 unsubstantiated staff allegations, 30 unsubstantiated allegations, 11 unfounded staff allegations and 12 unfound allegations. The chart above provides a comparison between the fiscal year 2018 and fiscal year 2019. Of the five substantiated cases by offender, two were classified as offender on offender nonconsensual sexual act and three were classified as offender on offender sexual harassment.
In 2020, beginning January 1, 2020 and ending on December 31, 2020 there was 1 substantiated staff allegation, 6 substantiated allegations, 4 unsubstantiated staff allegations, 42 unsubstantiated allegations, 8 unfounded staff allegations and 11 unfounded allegations. The chart below provides a comparison between the fiscal year 2019 and fiscal year 2020. The one substantiated staff case was classified as staff sexual misconduct. Of the six substantiated offender cases, four were classified as offender on offender abusive sexual contact and two were classified as offender on offender sexual harassment.
The chart above provides a comparison between the fiscal year 2021 and fiscal year 2022. In 2022, beginning on January 1, 2022 and ending on December 31, 2022 there were ten substantiated allegations, fifty-nine were unsubstantiated allegations, twelve were unfounded allegations. Of the ten substantiated offender cases, two were classified as offender-on-offender nonconsensual sexual act, one was classified as offender-on-offender abusive sexual contact, five were classified as offender-on-offender sexual harassment, and two were classified as staff sexual misconduct. All ten incidents were investigated promptly thoroughly and objectively yet, did not produce evidence sufficient to make any type of definitive judgement.
The chart above provides a comparison between the fiscal year 2022 and fiscal year 2023. Beginning on January 1, 2023 and ending on December 31, 2023 there were fifteen substantiated allegations, forty-two were unsubstantiated allegations, twenty-four were unfounded allegations. Of the fifteen substantiated offender cases, two were classified as offender-on-offender nonconsensual sexual act, eleven were classified as offender-on-offender sexual harassment, and two were classified as staff sexual harassment. All fifteen incidents were investigated promptly thoroughly and objectively yet, did not produce evidence sufficient to make any type of definitive judgement.
The chart above provides a comparison between the fiscal year 2023 and the fiscal year 2024. Beginning on January 1, 2024 and ending on December 31, 2024 there were five substantiated allegations, sixty-four were unsubstantiated allegations, forty-five were unfounded allegations. Of the five substantiated offender cases, four were classified as offender-on -offender abusive sexual assault and one was classified as inmate-on-staff sexual harassment. All five incidents were investigated promptly, thoroughly and objectively yet, did not produce sufficient evidence to make any type of definitive judgement.
The chart above provides a comparison between the fiscal year 2024 and the fiscal year 2025. Beginning on January 1, 2025 and ending on December 31, 2025 there were fifteen substantiated allegations, fifty-three unsubstantiated allegation and forty-seven unfounded allegations. Of the fifteen substantiated offender cases, eight were classified as offender-on-offender abusive sexual assault cases and seven were classified as offender-on-offender sexual harassment cases. All fifteen incidents were investigated promptly, thoroughly and objectively yet, did not produce sufficient evidence to make any type of definitive judgement.
PREA Definitions
Sexual Victimization
Inmate-on-Inmate sexual abuse: 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:
- Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
- Contact between the mouth and the penis, vulva, or anus;
- Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
- Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breasts, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.
Inmate-on-inmate sexual harassment: 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.
Staff-on-inmate sexual abuse: 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:
- Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
- Contact between the mouth and the penis, vulva, or anus;
- 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;
- 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;
- 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;
- 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;
- 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
- Voyeurism by a staff member, contractor, or
Staff-on Inmate sexual harassment: 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.
Sex and Gender Identity
Sex: A multidimensional construct based on a cluster of anatomical and physiological traits that include external genitalia, secondary sex characteristics, gonads, chromosomes, and hormones.
Gender identity: A person's core internal understand or sense of who they are regardless of sex assigned at birth.
lntersex: A person who's sexual, reproductive anatomy, or chromosomal pattern does not seem to fit typical definitions of male or female. lntersex medical conditions are sometimes referred to as differences in sex development (DSD)
Gender nonconforming: A person whose gender identity does not conform to traditional societal gender expectations.
Transgender: A person whose gender identity is different from the person's sex assigned at birth.
Disability
Disability: A (1) physical or mental impairment that substantially limits one or more of the major life activities of [an] individual, (2) a record of such an impairment, or (3) being regarded as having such an impairment.
PREA Data
Memorandum of Understanding - Wichita Area Sexual Assault Center