Policies on Consensual Sexual Activity in State Prisons

Abstract

During times of imprisonment, inmates have limited opportunities to relieve sexual urges. Nearly all sexual behaviors (e.g., coerced, consensual, masturbation) are restricted or outright banned in most prison systems. The restriction on sexual behavior is implemented, in part, to maintain control and limit possible violence. However, the policies set forth by prisons restricting sexual behavior do not remove sexual urges and, by some estimates, between 2% and 60% of inmates engage in consensual sexual activities during incarceration. This study explores 51 Department of Correction (DOC) policies on sexual behavior in prisons and examines how DOCs define and punish consensual sexual activity. Findings indicate that most DOCs have policies, which do not differentiate between consensual and nonconsensual behaviors and allow for the punishment of consensual and nonconsensual sexual activity with the same penalties. These findings are evaluated considering current research, and policy implications are discussed.