Prison sexuality

Around the world many prisons offer conjugal visits to the partners of inmates, in which prisoners are permitted to spend time in private rooms with their partners in a prison-facilitated environment. Conjugal visits are restricted to only inmates with good behavior, and in some jurisdictions this is only permitted for married couples, while others allow domestic partners.[12][13]

Relations also occur between correctional staff and inmates.[14] Due to the power dynamic of staff over the inmates, tight quarters and restriction of sexual relations, prisoners are in a vulnerable position to staff members. Personnel of the staff include: security staff, teachers and counselors, medical workers, contractors and religious workers. Although not allowed, many times this would be the only opportunity for inmates to engage in heterosexual relations. In some jurisdictions, sexual relations of prison staff with inmates are illegal regardless of consent.[15]

A government report in the UK in 2014 found that female prisoners in England and Wales have been coerced into sex with staff in exchange for alcohol and cigarettes.[16] Some sexbot manufacterers have argued that introducing sexbots into prisons will have the positive effect of reducing prison rapes and reducing sexual tension.[17]

Multiple types of forced sexual contact happen in prison. A few are: "Kids" are kept in servitude by an owner and are a sign of the owners prestige and power. "Gumps" are used as prostitutes by a gang or group of inmates who sell the gumps sexual favors for money and prison currency. Gumps tend to be in their position because they volunteered for it at one time for purposes of coming into their sexual orientation in prison or for survival in the incarceration system. Punks are individuals who hesitate to participate in homosexual behavior, but are turned over by coercion.[18]

Prison is a community sexologically characterized by overt masturbation and by homosexual couplings that may be consensual, coercive or assaultive (rape).[19] Prison rape is defined differently from state to state but is understood to be non-consensual or unwanted sexual contact between individuals.[20] Prison rape can be between inmates or inmates and staff of the prison. This is a form of sexuality because these individuals use their capacity for sexual feelings to intimidate or control their victims which causes sociological properties of the prison to change.[21]

According to research done in 1980, prisoners have two overarching reasons to rape a victim, one is to satisfy their overt sexual and need based desires that self pleasure can not. The second is to use the assault as a sort of intimidation factor to grant the rapist power in a place where these actions generally go unpunished. In prison, the phrase "booty bandit" is used to describe such an inmate that would rape another (in the male case). There seems to be no shown correlation that men who are abusive to their partners outside of prison are more likely to be rapist in prisons. Such men are not known to have history of sexual assault before prison.[19]

According to the 2001 Human Rights Watch report "No Escape: Male Rape in U.S. Prisons", sexual slavery is frequently posed as a consensual sexual relationship inside prisons. Rape victims are often intimidated into feigning consent to sexual activity, to the point of becoming "slaves" and the figurative property of their rapists. The potential for rape activity has been seen to be more prevalent across race lines. HRW also stated that many studies report the prevalence of rape perpetrated by black prisoners against Caucasian prisoners.[22]

Prospective slaveholders will sometimes use intimidating innuendo, as opposed to overt threats of violence, which the prospective slave unwillingly accepts, thereby disguising the coercive nature of the sexual activity from even the enslaver.[23] Victims might not even see themselves as being coerced, if the abuse is negotiated as repayment for a debt. The trauma of the sexual violations often affects men as it threatens their sense of masculinity, gender identity and sexual orientation.[24] The HRW report contains an account in which an inmate is feeling this way.[25] It is argued that in prison, consent is inherently illusory.

In 2003, for the first time ever, the United States government moved to protect prisoners from sexual violence. With pressure from human rights groups, the US House of Representatives and Senate unanimously passed the Prison Rape Elimination Act (PREA) to protect prisoners from sexual violence.[21]

Even though the state law prohibits all sex acts, sex still takes place in prison whether widely consensual or violently coerced. Health advocates believe that condoms should be available for everyone to prevent the spread of HIV/AIDs and other sexually transmitted infections and since sex is going to happen in the prisons, it should be safe.[27]

As of September 2013, condoms are available inside prisons in Canada, most of the European Union, Australia, Brazil, Indonesia, South Africa, and the US state of Vermont.[28] In September 2014, a law was passed in California when Governor Jerry Brown signed the Assembly Bill 966 also known as the Prisoner Protections for Family and Community Health Act to require the state to hand out condoms and make them available to inmates in 34 of its prison facilities. This bill protects the prisoner's health as well while being cost effective. For the state, condom distribution is a low cost method to prevent the transmission of HIV and sexually transmitted diseases since individual HIV treatments are costly.[29]

As of September 12, 2016, a bill passed stating that birth control and hygiene products are allowed for women inmates to use if they are prescribed by their physician. All forms of birth control approved by the United States Food and Drug Administration (FDA) will be made available to all inmates capable of becoming pregnant.[30]

The amount of STIs in prisons is 8-10 times higher than the general population among both males and females.[31]

Many of these incarcerated individuals with drug-related crime have participated in unsafe injection or have sexual risk for HIV and other sexually transmitted or infectious diseases. Even though correctional administrators deny it, sexual activity and drug use take place in prisons. HIV/AIDS and sexually transmitted infections are transmitted by unprotected sex and sharing contaminated drug injection equipment in these correctional facilities. Many prisoners are infected while incarcerated which can affect their personal health, spread infectious diseases to other inmates, and eventually their sexual partner in the community. Because the rate of STI's is much higher in prison, some prisons provide voluntary HIV testing and counseling to educate and reduce HIV risk behavior.[32] Some prisoners refuse to voluntarily get tested for HIV because they fear their results will not remain confidential among the staff and that they will be discriminated.[33]

Health is a priority for many prisons, especially when prisoners return to their communities once their sentence is complete.[34]

Some explanations for prison sexuality include the social constructionist theory by Groth. He implies that sexuality is not only an "inherent part" of a person but also that it may be a "construct of that person's society".[35] Additionally, he mentions that you cannot classify the prisoner's sexuality as heterosexual or homosexual during their prison time because it could not be accurate; their sexuality is on hold meanwhile because they act rather on personal needs than interpersonal needs. This, however does not fully conclude that this is the sole reason for prison relationships because they also feel the genuine connection that can turn into a serious relationship.

A similar perspective was penned by Donald Clemmer, who in 1940 theorized that inmates engaged in homosexual behavior partly as they "were deprived of a heteronormative sexual identity".[36] As sexuality has been historically separated into heterosexual or homosexual categories, this deprivation model of an inmate satisfying their needs at the cost of changing from heterosexual to homosexual fits with the social constructionist theory.[36]

In 1958, Gresham Sykes created the deprivation model. In this model, heterosexual inmates struggle with deprivation and create a prison subculture. Inmates are deprived of their sexual needs and desire some activity, resort to masturbation, consensual or coerced sex.[2]

John Irwin & Donald Cressey created the importation model in 1962. With this model, inmates create a unique prison culture based on values from the outside. The social constructionist model is made up of social situations and values.[2]

• LGBT people in prison
• Prison rape
• Prison Rape Elimination Act of 2003
• Situational sexual behavior

[37]

• Hensley, Christopher (editor). Prison Sex: Practice & Policy. Lynne Rienner Publishers, 2002. ISBN 1-58826-087-9, ISBN 978-1-58826-087-1.
• Goodmark, Leigh and Flores, Juanita and Goldscheid, Julie and Ritchie, Andrea and SpearIt, Plenary 2 -- Redefining Gender Violence—Transcripts from Converge! Reimagining the Movement to End Gender Violence (9 July 2015). University of Miami Race & Social Justice Law Review, Vol. 5, p. 289, 2015. Available at SSRN: http://ssrn.com/abstract=2628984