28 CFR § 115.178 - Referrals for prosecution for detainee-on-detainee sexual abuse.

---
identifier: "/us/cfr/t28/s115.178"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 115.178 - Referrals for prosecution for detainee-on-detainee sexual abuse."
title_number: 28
title_name: "Judicial Administration"
section_number: "115.178"
section_name: "Referrals for prosecution for detainee-on-detainee sexual abuse."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "115"
part_name: "PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 15601-15609."
regulatory_source: "AG Order No. 3331-2012, 77 FR 37197, June 20, 2012, unless otherwise noted."
cfr_part: "115"
---


# 115.178 Referrals for prosecution for detainee-on-detainee sexual abuse.

(a) When there is probable cause to believe that a detainee sexually abused another detainee in a lockup, the agency shall refer the matter to the appropriate prosecuting authority.

(b) To the extent the agency itself is not responsible for investigating allegations of sexual abuse, the agency shall inform the investigating entity of this policy.

(c) Any State entity or Department of Justice component that is responsible for investigating allegations of sexual abuse in lockups shall be subject to this requirement.