39 Pages Posted: 26 Apr 2007 Last revised: 4 Mar 2008
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 Classification: K40, k42, K14, Z00, K49
Suggested Citation: 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: https://ssrn.com/abstract=982427