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Rethinking Prison Sex: Self Expression and Safety

39 Pages Posted: 26 Apr 2007 Last revised: 4 Mar 2008

Brenda V. Smith

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

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 Classification: K40, k42, K14, Z00, K49

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

Brenda V. Smith (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

American University - NIC/WCL Project on Addressing Prison Rape ( email )

4801 Massachusetts Avenue, NW
Washington, DC 20011
United States

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