---
kind: "section"
citation: "28 C.F.R. § 115.178"
title: "28"
number: "115.178"
heading: "Referrals for prosecution for detainee-on-detainee sexual abuse."
url: "https://uscodex.org/cfr/28/115.178"
---

# §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.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 15601-15609.

### Source

Source: AG Order No. 3331-2012, 77 FR 37197, June 20, 2012, unless otherwise noted.