How does PREA define sexual abuse in confinement?

• A. Any sexual act or contact involving a resident or detainee that is coerced, forced, or where the person cannot consent, including rape and sexual assault by staff or other inmates.
• B. Any consensual sexual activity.
• C. Sexual harassment only.
• D. Non-sexual contact.

Answer: (A)

PREA defines sexual abuse in confinement as any sexual act or contact involving a resident or detainee that is coerced, forced, or where the person cannot consent, including rape and sexual assault by staff or other inmates. The important pieces here are that the act involves coercion or a lack of ability to consent, and that it can be carried out by staff or by fellow detainees. This broad scope ensures situations where power dynamics, threats, or impairment prevent true consent are covered, not just acts that would be considered rape in a non-confinement setting. Consensual sexual activity would not meet this definition in confinement because there is no coercion or incapacity to consent. Sexual harassment is a separate category under PREA, so it’s not what this definition encompasses. Non-sexual contact clearly does not fit the definition either.