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Rethinking Prison Sex: Self Expression and Safety

Brenda V. Smith
American University - Washington College of Law; American University - NIC/WCL Project on Addressing Prison Rape

Columbia Journal of Gender and Law, Vol. 15, p. 185, 2006
American University, WCL Research Paper No. 2008-31

Abstract:
This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and as inmate management.

Keywords: prisons, sexual expression, rape, violence, gender

JEL Classifications: K40, k42, K14, Z00, K49

Accepted Paper Series

Date posted: April 26, 2007 ; Last revised: March 04, 2008

Suggested Citation

Smith, Brenda V., Rethinking Prison Sex: Self Expression and Safety. Columbia Journal of Gender and Law, Vol. 15, p. 185, 2006; American University, WCL Research Paper No. 2008-31. Available at SSRN: http://ssrn.com/abstract=982427

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Contact Information

Brenda V. Smith (Contact Author) American University - Washington College of Law ( email ) 4801 Massachusetts Avenue N.W. Washington, DC 20016 United States
American University - NIC/WCL Project on Addressing Prison Rape ( email ) 4801 Massachusetts Avenue, NW Washington, DC 20011 United States

Abstract

Date posted: April 26, 2007 ; Last revised: March 04, 2008

Suggested Citation

Contact Information

Brenda V. Smith (Contact Author)