SEX IN PRISONS
A Management Guide
NSW Corrective Services
Due Date
365.6
AWO
2002
Corrective Services Academy
2004196
365.6fAWOf2002/ Sex in prisons :a management guide
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Sex in prisons - a management guide
Sex in prisons . . . a management guide
NIYI AWOFESO AND RAYMOND NAOUM
Niyi Awofeso is a Public Health Officer (Surveillance) at the New South Wales Corrections Health Service.
Eatlier, he undertook physician responsibilities at prisons in Kaduna State, Nigeria, between 1990 and 1995.
Raymond Naoum is a First Class Correctional Ofricer who has been working in New South \Vales prisons
since 1988.
Abstract
Prisons are invariably unisex institutions where, besides many deprivations, heterosexual expression in its norma/sense
is-absent. It is this characteristic that make prisons settings potentially ftrti/e grounds for sexual abermtions. Since
definite and accurate data concerning sexual activities among prison inmates are difficult to obtain, the phenomenon
of sexual practices in prisons has traditionally been a topic of much speculation. Howevet; the descriptions and
fxplanations of most authors on the subject are often contradictory, and some of the best information are fiwn
unpublished sources,
t"his article is an attempt to subsume many fi'agmented explanations about seven main types ofsexufli issues in prisons
(i.e: consensual homosexuality, masturbation, tmnssexualism, prostitution, conjugal visits, sex between prisoners and
priSon staff. and rape among prison inmates) under more general criminological and management concepts.
Sui;gestions for prison administrators on how to manage these complex issues in the best interests of security and
litimttel health are also provided.
Why study sex in prisons?
s~'""'-"'x-environn"'"'' absence of strong social controls, impersonalization of social relationships, prison
well as the socio~demographic and personality traits of incarcerated individuals, tend to precipitate
conduct in prisons,
Research into the subject of sex in prisons is fraught with major
.ltletllorlol'o•:iatl, practical, and ethical obsrades. Nevertheless, studies on this phenomenon, based on reports
j~merat-a;nallysis from credible sources, should lead to its better understanding and appropriate management,
'
iiir~~::~ch~~ara~~c;terisric of imprisonment
is deprivation, which rakes several forms. Sykes (1958) provides five
of deprivation, First is the deprivation of liberty, characterized by severe curtailment of free
the regulation of mail and visiting, loneliness and boredom. Second is the deprivation of goods and
This includes living in a harshly Spartan environment and being denied rhe use of numerous personal
with imporranc symbolic overtones, such as liquor, food cooked to individual preferences, and
fumisbings. Poverty is prison policy.
of autonomy. induding enfOrced deterence and subjection w a large body of trivial custodial
Severe resn:ictions on inmates' decision making may make some prisoners feel that they have
weak, helpless status of childhood. Fourth is deprivation of security and fear of being robbed
inmates -a result of forced association with lawbreakers in a setting where some inmates pursue
~am<•illtiesoflife by theft, physical coercion, and chicanery, Prisoners can hardly rely on other inmates abiding
S'\ist<ldi'~ authorities' rules, and they are usually unwiUing and/or unable to rely on prison ofHcers for protection.
~
~~~~~~[~~:;~of deprivation is that of the physiological and emotional gratifications of heterosexual relationships.
forces most inmates into heterosexual celibacy; and inmates are denied much, if not aH, sensual
with the opposite sex, This depri~ation may make some prisoners anxious about rheir sexual identity;
149
Australian Health Review
[Vol 25 '"No 4j 2002
F§(:t~e purpose of this article, a "sexual act" is described in rhe lines suggested by the Human Rights \'ifatch
(199-6), as (a) contact between the penis and the vulva, or the penis and the anus, which involves penetration,
hil\V~enlight; (b) contact between the mouth and the penis, the mourh and the vulva, or the mouth and the
~hus,-or; -(<:)the penetration, however slight, of the anal or genital opening of another by a hand or finger or by
another object, with the inrenr to abuse, humiliate, degrade, arouse or gratifY the sexual desire of any person.
as a consequence of deprivation of heterosexual relationships that rypic..1.lly characterize imprisonment,
face problems of sexual aberrations. However, determining the true extent of these aberrations
.•.·•· b)r<mJ>irical studies is rather problematic given the difficulties in accurately defining terms like homosexuality
typically private settings of sexual acts, a tendency towards sensationalism and exaggeration
lJf ;····•.;·C
~/';}~~::;;::;sex behavior by many inmates and cusrodial staff. and a vicious aversion for participants in sexual
to make rrmhful confessional sratemenrs.
J: .)•.•.·~;,;;. .·•.
li/~ve•:.cheless, sex is a very topic.1.l issue among inmates and sraffin most prison settings, for several reasons. First,
'').Cj~~~:Jf-·'~:;: in prisons rend to be passed on from year to year, thus charging the prison atmosphere with sex
Als(}, prisoners are in daily conracr with female prison stafl-: including nurses to whom they are sexually
yCi: they have virrually no legal avenues for engaging in sexual intercourse wid1 such sraff during their
This may lead m sexual frustration among some inmates. Third, securiry considerations make it
only for inmates to bath naked in groups, bur also for custodial oHJ.cers to view inmates genitals in
as the taking of urine specimens fOr drug tests. Furthermore, since 1995 at least 5% of inmates in
have been sentenced for sex crimes (DCS, 2000), and each of these personalities is an occasion
attention on sex. There were 21,714 prisoners in Australia on 30 June 2000, over 90% of whom
2001).
......,.,c..
fp(irfi; on !the prevalence of sexual activities vary widely depending on the methods of data collection, source
'~''l* (pie~ral·en•:e is typically lower in official records compared with other sources), security classification of
studied, and the geographic..'1llocation. The most important finding from various studies
i~;w:KUtii a.bemtti<ms occur regularly in prisons.
'rfiiln r<di,;co.ve~· the wheel, this study focuses on describing basic characteristics of major forms of sexual
provides guideposts for correctional administrators. The characteristics of the types of sexual
defined using information obtained from anonymous inmates and staff informants, personal
a review of literature. In analyzing this complex issue, our 'soft' methodological approach is
as reliable as more established methods such as surveys and participant observation, partly
conventional methods rely heavily on explanations that inmates advance for participation in
liall aoc<i'vi·.rie·s in prisons. We are well aware, however, that not all inmates' accounts abour sexual
act:unue or truthful.
review is t:o develop policy options for managing sexual abermtions in Australian prison
need for prison secmity as well as inmates' health and welfare are met, Historic.'llly,
"'P''~'»> was a major strategy to dampen the spirit of reckless stubbornness (and potential for
prisoners (Zedner, 1995). Currently, same-sex prison settings experience problems
fUvors among inmates, and between inmates and staff, which have potemial security and
a security perspective, custodial authorities involved in sexual contacts wirh inmates
dtt>l1freq>eil<nn security procedures for free sexual gratification (Human Rights Watch, 1996). Such
.alilo\'< iiOittatoeSito have access to sensitive security documenrs, rhus compromising prison security.
~
~~~l~~~~;~r.;:,~~cr~i~n:l;inalSexually
sex contact in prison settings relate to both communicable diseases'
transmissible diseases such as HIV infection, hepatitis B and
transmitted via 'high risk' sexual acts such as unprotected anal sex, activities
male prison settings (Anonymous, 200 l; Miles & Song, 200 I), Proper management
;.\,;;;,.""" would also facilitate inmates' coping mechanisms with this major imprisonmentcon,tributing to improved menral health among inmates.
The types of sexual
•31'e;•coJ.lS,,U.,ual homosexuality, masturbation, transsexualism, prostitution, conjugal visits,
!)<,s:atr'd t>rh;on staft: and rape among prison inmates.
150
Sex in prisons - a
Qonsensual homosexuality
-Qu&;tions like "Who is homosexual?" and "What is homosexuality?" are extraordinarily complex. Some people
Still others have no sexual
-iVhO thihk themselves as heterosexual indulge in homosexual behavior, and vice versa.
·.. ·······~~~:~:;,~:~,~·:', :•,:11::·,a:n~:d shift their preferences back and forth between men and women several times in a lifetime,
:_-
of coercion in prisons, definitions get even more complicated because the exploiters who
• .'ini.tia,tethe activity might be considered heterosexual, while their unwilling victims are considered homosexual
1971). Sigmund Freud (1905) differentiated between exclusive (obligatory) homosexuality and
(facultative) homosexuality. The latter term applies to someone engaging in a genital relationship
person but whose normal sexual preference is for an opposite-sexed person. Temporarily,
conditi(ms of deprivation, such as imprisonment, such persons may engage in homosexual behavior,
analysis in- this sub-section is restricted to inmates with oven, consensual, homosexual experiences in
l
~;c~~~~<~~t~:~~w:h:ether or not such oriemadon is perceived by such inmates as obligatoty or t3.cultarive, The true
····~~~S~
:)
";.
of consensual homosexuality is impossible to determine by any single srudy method. A review of
received from experienced prison workers with direct inmate contact suggest that the most likely
JF~'~'ii'f;:·~~·s for consensual homosexuality in some Australian prisons were; (a) previous homosexuality and (b) a
5 years or greater) aggregate length of stay in prison settings.
····~~~~j;;···~~:~~tk~a;facrors are not mutually exclusive, as many inmates' experience of previous homosexuality was in a
'\
.,.slt'!ttl ;
·:@t
'.'iii{
setting following an earlier conviction. The authors' observations reveal that inmates' attitudes about
are generally just as negative as attitudes of their non~ imprisoned counterparts. To diminish the
to homosexuality, some known homosexual inmates denied a preference for homosexual activity
fii;i\d;etnpha,,i~:d the situational pressures that caused them to participate in homosexual acts.
~JjJ)l,oseXIJaiity
itli9.''"''idity is not generally considered as a normal means of sexual fulfillment in prisons, and was either
>ri'd ·ordespised by prison authorities, and by most inmates. In fact the derogatory term "puffier" (fi·om the
il.rita!'go;t"puftlng", used to refer to :m inmate-participant in oral~genital sex), evolved from American prisons'
1940s (Kirkham, 1971). Safe sex, using condoms, is one way to limit the health hazards that may
i~lhi:otlSenSillalhomosexuality. However, in prisons, inmates' accessibility to condoms is a conrroversial
early 1990s, the strong opposition by a significant proportion of custodial officers in New South
in1:roducrionof condom vending machines for inmates' use was based on two grounds: first that the
official endorsement of homosexuality in prisons, at a time when 'normal' sexual activity is
nfl;rioll•"illegal, and second, that condoms may be used to smuggle drugs into prisons
of opposition, the idea of free condoms for inmates was finally implemented in the early 1990s,
i:~~~:::~: awareness abouc the higher risk ofHIV infections among homosexuals, To some extent this
i'f
parallels similar changes in the wider community. For example, until about three decades
((jS<,~l<alil:y was described by the Americ.1n Psychiatric Association as a mental illness (1968), while in
Australia, homosexual acrs, even if consensual, were regarded as illegal until 1984 .
.'1in•creasing evidence that consensual homosexuality is a normal, albeit a minority mode, of sexual
humans and animals. For example, as e.1rly as six decades ago, it was shown that about 4o/o of
were 'namrally' exclusively homosexual (Kinsey, Pomeroy, Martin, 1948), while a genetic study by
that more than 75o/o of homosexual males shared exactly the same configuration of markers
're,gic;n<>fl:heirX chromosome. Thus, it appears that much of the value system on which heterosexuality
homosexuality is the apparently given greater value to children and marriage. Yet today, greater
are having sexual relations for pleasure, not children, while unrestrained heterosexual
"'"""'!<Or, particularly in developing countries, loom as one of the greatest threats to human survival.
more relaxed attitude towards homosexuality in Australian society in general, and Australian
to believe that consensual homosexuals would experience
than was the case decades earlier. One of the aurhors (RN) is familiar with scores of openly
sexual partners sharing the same cells, with the: full knowledge of custodial authorities and
are not aware of any major prison physic.1l assault that was precipirared primarily
inmates' consensual homosexual oriemarion.
ip:irtictda:c, there is very little reason
l5l
[Vol 25 • No 4] 2002
~
~~t3:~~~~;;:c~o:in:•t::r~ol consensual homosexuality in prisons
must
weigh the seriousness (primarily tfom
.manmunu standpoint) of this sexual orientation against the potential for more negative effecrs
increased transmission of venereal diseases, and suicide) that might be created by
ifi•:';!l1)1~tlw<ls of c<Jn,tr<JI (e.g. solitary confinement, separation of suspected homosexuals, and restriction of
all of which have been shown to be ineffective in reducing consensual homosexuality.
harsh and punitive reactions could make it more ditlicult for participants to move out of
'~'"'''''V't)' because rhey create publicity that can encourage invitation from other homosexuals. From
.·h•:alrhpetsf>ectiv·e, there may be increased reluctance fOr inmates participating in homosexual activity
t.!J1()!£li:>rsc:reeni,t1g for venereal disease, rhus making early detection of such diseases more difficult, and
;ip#.lr•.i»;ion 1Vithi1oprisons more likely.
~::~t':~:~:::~s:::, interference with people's sexual preference and its elimination of punitive measures
p:
between consenting adults provides some support for similar policies in Australian prisons. For
at-least two colorful. easily accessible Internet sites dedicated to promoting Gay sex in prisons,
of this form of sexual aberration, both in prisons and the community. The
•~!~:~:;~~~~~··:ic~ce~~pthat
no heterosexual inmate has so far complained to custodial amhorities that she/he
1~tability
inmates are disadvantaged by the same-sex structure of contempora1y prisons.
ror• m,~rne 18th, and especially itl the 19th, cenwry was believed to produce a spectrum of serious signs and
held to be a serious disease entity. The 'disease' of masturbation is an example of the value-laden
8ien.oeiil gert•:ral. and of medicine in particular. The presumption that masturbation was not in accordance
diqrat"' of'Christi<mity and nature suggested to medical researchers of the era that it would be more subversive
gl\rodlucion than excessive sexual intercourse. Diseases associated with masturbation during this era included
rickets, and nymphomania (Caplan, Engelhardt, and McC'trtney, 1981). During the 19th
\al<: .il\as;tUlrba,tio'n W'llS often treated by a variety of methods, including diet, opium, or in extreme cases,
A treatment oflasr resort in females was clitoridectomy (female genital mutilation).
fran•ev,m.·k •wi1:hi·n which masturbation was addressed in the 19th century was not value-free but
and expectations of the times. In rhat era, matrimony and sexual relations were geared
rarher than any desire for sexual gratification. This is not rhe case in our era. Currently,
oly t<>mrerva•ive Christians and Muslims, masturbation is not considered a deviant activity in
heteros<ex113lliaisons are neither permissible nor accessible. In f.1.cr, since the 1970s,
(errrpublisloed fOr the instruction of women in the use of masturbation ro overcome frigidity and
(l.oPicollo and Lobirz, 1972). Borh then and now, expecrations concerning what was/is
ttti<:drhe appreciation of reality by medicine.
(f'1t.<i.tt1<les about masturbation were reflected in the perception of custodial authorities towards
1950s. Donald Clemmer, a leading American correctional administrator and
~~l;;~~~';,;~~~~:~ti::~ as a '(quasi-abnormal" level of sexual adaptation in prisons, caused in part
at, an infantile stage of development.
::-j
He supported his viewpoint by an
"•li~pt<lp•mim>ardylarge proportion of"dumbbells" (prison argot for inmates who behaved in
vewary).er,gage.d in masmrbation during incarceration (Clemmer, 1958).
'':.l;~:~~!,:'::: does not currently carry a negative social value.
it:
Most inmates that
on a strictly biological basis. In New South Wales prisons, the few inmates
masturbatory practices regularly order pornographic magazines (through official
their sexual fantasies. They claimed that their masturbatory actS are accompanied
At first, they claimed that they did not find the acts satisfYing, but with
means of relieving sexual tension in prison.
leto.detetrnineeither the prevalence of mastmbation, or rhe sexual preferences of most
evidence indicates that this form of sexual activity is at least as common as
The frequency of masturbation for each prisoner rends to vaty with age,
sexual character traits of inmates, years of residence in prisons, and rhe extent
cukure.
152
Sex in
®:aj\1lgt:ment perspective, it serves no useful secmity purpose for custodial authorities to get involved
#J.<'<>noerr1ing masturbation among inmates except if an exhibitionist-masturbator is reponed by other
exhibitionist-masturbators may be disciplined, as per existing prison regulations, referred to a
·charged tO a civil court for indecent exposure. The authors are not aware of any such inmate in
oih.W,,I•< prisons since 1988.
termed gender dysphoria, is a condition in which the sex-related structures of the brain that
de•· idenciry are exactly opposite to the physical sex organs of the body. This conflict, between gender
sex, is almost always manifest fr-om preschool ages, and is a cause of enormous suffering
It is estimated rhat there are currently 5,000 citi7-Clls in the United Kingdom born with this
communication, 2002).
f$dina:titHlS of the invariably male transvestite, or the partially altered transgenderist, the absolme
transsexualism is usually a matrer of life and death. Social oppression, culturally
self-loathing and bigotry have precipitated suicide and murder among transsexuals.
~ccHrs roughly equally in both physical males ~nd physical females.
thought to be caused by hormonal or genetic changes during early pregnancy, and its
involves the administration of appropriate hormones and gender re-assignment surgery.
t11Cusrra.lian civil laws known to the authors that enable individuals treated for transsexualism to
certificates corrected and be classified according to their reassigned gender, during
in the wider community.
y :h~~;~~,,~iss: ~ue of uanssexualism was one of rhe major reasons that led to the ouster of Professor
_ :~
of the New South \X'ales Corrective Services Commission in 1981. Vinson was
of female gender and male sex, who was on the brink of another suicide attempt because
a number of everyday items which he considered necessary to maintain his psychological
identity as a woman. The Chairman eventually became aware of six other transsexuals
a total inmate capacity of about 800). The transsexual inmates reported several instances
""' J"--·- by other inmates. Vinson forged a consensus of opinion with custodial authorities that
should be housed in separate wings within male prisons, be permitted to wear
for female prisoners, and wear modest clothing/cosmetics (Vinson, 1982),
1
1
transsexuals in a humane way, and preserve the basic right of this minority group, were
politicians in the New South \Vales Parliament. The then prison opposition
stated that as well as issuing French-type female underwear to male prisoners in New
Prisons Commission hired female impersonators ro show inmates how to pur on makefashions. The Daily Telegraph editorial (16 Ocrober 1980) on this subjecr stated in part;
the old-fashioned idea rhat gaols were built to punish criminals- that the prospect of
deterrent to crime. And what idiosyncrasies will the prison authorities pander to next.
catered for."
inmates is a problematic issue in correctional administration. On one hand is the
environment for inmates with gender dysphoria, including minimizing their risk
O Omonn< of their sexuality (which was shown to be associated with increased risk of rape,
'mutilatiion in prison among this minority group), and allow them discreet possession of a
(<issetlti,al to their sense of well-being. On rhe other hand is the need to prevent creating
Unl>teschno<P to pair up in prisons primarily for reasons of sexual gratification, as well as
rtir'nl,lv by the media and politicians) of sincere efforts by correcrional authorities to
·'rr~nssexuals as symptomatic of encouraging sexual laxity, encouraging transvestism in
On crime".
is available to protect transsexuals in the community, whether treated or not,
by custodial authorities to protect rhe basic rights of transsexual inmates.
ioviolen•ce) and harm reduction perspective, it would be appropriate for inmares who
!53
[Vol 25 • No 4] 2002
Review
ty;:;':~:~~·::s~·r~r:a;nssexuals that have nor undergone gender reassignment surgery to be placed in separate
;;-,
centers corresponding to their physic.1.l sex, be permitted to share cells with other
and be allowed discreet possession of a few items of clothing of their prefened gender that they
to their sense of well-being, Inmates that have undergone gender re-assignment surgery
br'placed in a prison corresponding ro their physical sex, and be treated no ditTeremly than other inmates
•prne.pnySlau sex.
legal starus of individuals treated fOr transsexualism has not kept up with the pace of social change
knowledge (Allen & Gorski, 1990). Correctional authorities can take the lead in ensuring that
do not lose their sense of identity during incarceration, while at the same time have due
proportion of female inmates, and to a lesser extent male inmates, were incarcerated for ofif:nces
being prostitUtes in the general community. Prostitution tends to bring individuals in more
with criminal elements, such as drug dealers, in the community. Prostitutes in the community
either predominantly heterosexual or homosexual. Generally, when predominandy heterosexual
are contracred by male patrons, they will often not "go down' on their patrons, and may not
·at· th.enlSelvr" as having participated in a homosexual act if they, and not their customers, ejaculate,
were made aware rhat predominantly homosexual prisoners contracting predominantly
pn>Stiture-imnates are normally required to pay more (in kind, or by supplying tobacco) if the
their own penises to ejaculate, This makes little sense economically, since male prisonerservice more cusromers if they were to bring only their customers to orgasm. The behavior
when we understand that a male prostitute's self-identification as heterosexual requires
womanly status of playing the receptive role in sexual intercourse. However, bemuse most
little leverage in dictating the sexual preferences of their clients, many male prostitutes who
heterosexual identities would eventually have sex with men.
(male) professional prostitutes that end up in prison have had homosexual experiences in the
The sex~deprived setting of prisons provides a ready market for the continuation of their
choose, such inmates (sometimes called "f.1.gs", or "prison witches") demonstrate ostensible
their gestmes and behavior patterns. Since poverty is prison policy, most prison prostitutes
from their clients mainly in kind {e.g. protection from physical or sexual assault by other
also tend to change sexual partners frequently.
viewpoint, prostitution poses no real problems for prison security, provided inmates with
ierttation do not use its existence as a justific:uion for insisting on having female prostitutes in
from a public health perspective, prostitution is a high~risk activity for the spread of sexually
In several Austtalian prisons, laboratory notifications of Streptococcus faecalis from
of inmates with urethritis (a marker for unprotected anal sex) are relatively high among
with the general community. it is impossible to eliminate prostitution in prison settings.
of harm minimization approaches need to be considered. Free, and easy, access to
as is individual and mass health education of inmates to encourage its use.
•id•entt tl>at regular, meaningful contacts between inmates and their t3mily/friends may oflSet the
imprisonment, However, this potential benefit of granting access for regular
prison inmates and their relatives in the community does not apply to all inmates, A
of inmates find imprisonment less stressful when they cut off conract with the ourside
that the absence of visitors or letters is not a recurrent worry. Schroeder's (1976)
an eight~month term in a _Canadian prison led him to conclude that: "h is
blessing, this business of visits. Visits probably cost an inmate about three rimes more
The trouble with visits is that they won't let you forger. The more alive you keep your
the worse things look and feel to you Inside. The less you know about what you're
!54
Sex in
the street, the easier it is to imagine you're not missing anything at all. In order to shake easy time
have ro rid yourself of all Outside voices, Outside problems (which you can't resolve in any case),
comparisons with Inside life". One of the authors (RN) is aware of several prison escapes in New
in the past several years that are direcdy linked to inmates' desire ro address family problems
illv nartners' infidelity) that they became aware of during prison visits.
h(1ro>'e";ial aspect of contact visits of relevance ro this article is conjugal (sexual) visits bet\veen inmates
ii<Mrtlrers in the community. Three factors have made this issue increasingly topical in Australian
there have been a couple of cases of middle-aged male inmates sentenced to long terms of
that have applied to custodial authorities for permission to hnpregnate their partners during their
itit.~riso•nn>er>t, as their partners may be menopausal on their release. Second, long term imprisonment
factor for rhe initiation of homosexual activity in prisons. Homosexuality is in conflict with
Catholic norms, and deprivation theorists advocate conjugal visits as a lesser evil to turning
faiths w homosexuals. Third, with the increasing acceptability of consensual homosexuality
as a fact of life in most prisons, it is only a. matter of rime before heterosexual inmates begin to
access to sexual gratification as is currently freely available to homosexual inmates.
for the opposition to conjugal visits by custodial amhorities is the potential for breaches of security.
imply some degree of privacy becween inmates and visitors, the risk of visitors smuggling illicit
through to inmates during such encounters is increased. AJso, most conservative custodial
to oppose this initiative, ostensibly on security grounds, but more likely based on their moral or
of what should constitute prisoners' rights and privileges. Furthermore, there are substantial
for any State administration that formalizes this initiative in Australia. The political opposition is
such an initiative as symptomatic of a 'soft' approach to crime prevention.
, 'j(~;::~;:~i,,~visits are being officially allowed in most Scandinavian countries, and in a several private
~:State of Victoria. In most other Australian States, the procedure by which inmates are
rhis <privilege' are nor formally stared, bur some custodial sraff are known to grant inmates
partners of the opposite sex capriciously.
cpoll,tiarl climate, custodial authorities would be taking an ambitious leap ahead of public opinion if
/{erre t•o lJe llegaliored in Australian prisons. Rathet; innovative methods should be sought for managing
With regards to long~term inmates seeking leave to conceive with their parmers, the option of
would meet the needs of all stakeholders. In theocratic nations, religious considerations may
security and moral issues implicit in allowing inmates to enjoy conjugal visits. In Kuwait, for
to<liala<.uhroriti<os last year allowed married inmates to enjoy conjugal visits once every three months,
was perceived as the growing prevalence of homosexuality among the predominantly
"'><>puilatlion in this coumry (AI~ Najjar MY, 2001, personal communication).
fprisrmers and prison staff
narions, sexual acts between prison inmates and staff are expressly criminalized in Australia.
e~~~:,~v~~e to occur, as reporrs of such scandals come to light frequently. It is thought that the
~f
1
to the authors, and ro custodial authorities, represent but the tip of the iceberg of such
These contacts may be broadly divided into three types; rape, sexual assault, and
By rape, we mean sexual acrs benveen a prison employee and a prisoner that is
use or threat of force or coercion which, under normal circumsrances can rake rhe tOrm of
ahof:privileg<,, money or goods. Sexual assault is sexual touching, short of intercourse, involving
Criminal sexual comact reters to sexual contact or sexual touching rhar cannot be
of the above elements but which nonetheless constitutes a breach of official duty.
of criminal sexual contact are substantial, as prison staff invitriably contravene prison
to continue to benefit from inmates' sexual favors (Human Rights W.·ttch, 1996).
\ln1eJ:o<1" chilling instances of criminal sexual acts involving female inmates in United States
the Human Rights Women's Rights Project in 1996. Most of the cases derailed in the
ll<piiison officers and civilian sraff engaged in sexual contacts with prisoners in \Vomen's
Washington DC, Georgia, Illinois, Michigan, and New York. The majority of female
155
[Vol 25 • No 4) 2002
~(C>$f~Ual activity using threats, or in exchange tOr contraband and favorable treatment .
.o(ttn:s '"''"' that sexual misconduct in prisons is viewed seriously, only a minority of
Mr inv<!lotig~t<•d during the review period {Human Rights \'Vatch, 1996), In a recent
cMeili¢i!ljc><trnal, MacDonald (2000) decried the situation in some United Srates prisons
''" h•" "'"'rl.<on women prisoners is not treated as a criminal offence.
"''"''"''"r"
1998, there have been several documented cases of sexual assault involving
inmates, and female civilian prison staff and male inmates, 1\vo of these cases
.Atrstt·alia's Independent Commission Against Corruption, and invariably led ro the
lgo<at>on_ofaccused sraf[
From a health perspective, although many of the abused
in such sexual acts, those forced to participate have faced serious psychological
pains of imprisonment, sometimes led ro major mental illness and (para)suicide
managing the problem of criminal sexual contact between prison staff and
!Jtrict enfOrcement of prohibition against criminal sexual conduct in all prisons.
"'"",.•.,should be held fully to account. A grievance mechanism fOr criminal sexual
st:~d~:'i~:~,~~~:~l to petidon the prison Superintendent and Official Visitor directly.
prohibit disciplinary action or reprisals against prisoners tOr using the
_n
Issues involved in such
to inmates, especially when they work in prisons, so that they are not
" r>ri>;or• offi'"" for obtaining minor items; education of prison inmates on reception
sexual contact, and the penalties for violating the prohibitions, and;
''\'",'««um of custodial or other contact duties that may make a prison worker
as-well as a general profile of female prisoners and their poremial vulnerability
who feel vulnerable to sexual misconduct should be encouraged to work
ihich th<e inmates are not of their sexual preference.
inmates that is accompanied by the use of threat of force or coercion, or
among inmates" (Human Rights \Vatch, 1996) is a recurring security and
t•lt•nuv occur in heterosexual or homosexual setcings. In male homosexual rape,
~f:;::~:~:·~:··~~ by viewing naked co-prisoners in shower rooms, and the social
iy
"wolf" rapists, and their more feminine "punk" victims in prison
,.,,- __ ,.,,., •.,(Srivastava, 1977).
t{aggre·ssive, violent, sexual assaults are often excused on the grounds that rape is
prisons, victims are understandably reluctant to discuss attacks
wf•.oten.d to have niore sympathy and understanding for the rapisrs, and who
fo,· 'rr>a~:in;g h,im<Selfvulnerable through his mannerisms'. Rape victims in such
feelings of degradation, fear, hatred, and humiliation that result
of it. Such situations precipitate psychological and mental health
health workers and psychologists must be well aware about.
i:e,;ri!:atiion of female homosexual rape in British women's prisons that most
concealed contraband (especially narcotic drugs) from an
'Crwrchoin,g' (i.e. vaginal concealment) or 'plugging' (i.e. anal concealment)
(i.e. rape) may begin at the end of visiting periods, because
to_ de-crutch_ those who have smuggled drugs in from their visitors.
of drugs concealment are usually those that resist the request of
involve forcible vaginal searching with fingers, or humiliation of
m ctnn•rvor bottles. These acts blur the distinction between rape and
same~sex nature of most prisons, heterosexual rape is very
156
Sex in
resin prison settings is complex, requiring a multidimensiona1 understanding which
t8.cwrs, but also the fumily dynamics in which the offender has been raised,
number of personality and psychiatric issues related ro aggression. For
~(j'~ '"'"'Vi<:ted rapistS and 63 controls in Singapore corroborated the consensus of
"'··•·· "·~- a sexual offence, and showed that a majority of rapisrs were more likely
~~·hosti.lity"' reasons for committing rape (Gwee, lim & \XToo, 2002).
sexual assault on inmates, either by orher inmates or by staff. It is
There should be clear guidelines on disciplinary actions, for those
rake rhe form of memos and notices, but should be communicated
Posters, videos and booklets on rape in prisons, why it is
and what do if it occurs, should be made freely available to inmates.
to lower security levels, should be considered for perpetrators.
legal and psychological support, Known precipitating factors for
personalities should also be squarely addressed.
'<!s.~I<~"m' topic, bm neither is graft in government, and both must be faced
le'r·wmcling may eventually lead to controL AJmost all nations in rhe
sexual aberration described in this article are of universal
why they occur, differs from one social setting to another.
well prepared for managing the sensitive issue of sex in prisons,
;tJ\i}J~~:~!;;~:~p~erhaps because almost all forms of sexual contacts are
t;;
sex does not usually prevent its occurrence, either in
'which correctional administrators may manage the complex issue
'
prison workers, ensuring fair grievance mechanism
complainants, and referring all allegarions of sexual
The screening procedures for applicants ro prison
misconduct as an exclusion criterion. Corrections officers
prisor1er·sa.nd their vulnerability to sexual misconduct. It appears
rio' C<>Jir:ern for homosexua1 involvement or prostinuion, Instead
inro participating in such sexual activities.
as drug smuggling play notorious roles in sexual issues
.SJ'fte>natic manner, based on context-specific operational
todr>selly monitor convicted rapists and those sentenced for
:rp,mtating sexual assaulrs on other inmates.
P~(r~~l;,,;b~y personally providing a model for such humane
~$
designed to address sexual issues in prisons, and
with regards to sexual issues. Efforts should
:gapa.ble of such leadership. Only then c..1.n we hope to
gir,U.;uad other health problems related to sex in prisons.
(Voi 25 • No
2002
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