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Controlling Consensual Sex Among Prisoners

  • Jay W. Borchert


Despite recent legal advances for LGBT citizens, including the Supreme Court's recognition of a constitutional right to engage in private, consensual, same-sex sex, prisons continue to regulate sex in much the same way they have been doing since the nineteenth century. Nationwide, prisons bar consensual sex among prisoners, and those who violate this policy face severe punishment, including administrative segregation. Interviews with prison officials from twenty-three states uncover beliefs linking consensual sex with violence that places the overall security of the prison at risk. While supporting LGBT rights and the decriminalization of same-sex sex in society, officials insist that prisons are not suited for similar change. This article explains why prison officials have been so committed to this policy and argues that the time has come to reconsider prison regulation of consensual sex.



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Borchert, Jay. In press. A New Iron Closet: Failing to Extend the Spirit of Lawrence v. Texas to Prisons and Prisoners. In The War on Sex, ed. Halperin, D. and Hoppe, T. Durham, NC: Duke University Press.
Bourdieu, Pierre. 1989. Social Space and Symbolic Power. Sociological Theory 7 (1): 1425.
Bureau of Justice Statistics. 2008. Sexual Victimization Reported by Former State Prisoners. National Former Prisoner Survey. Washington, DC: US Department of Justice.
Bureau of Justice Statistics. 2009. Sexual Victimization in State and Federal Prisons Reported by Inmates. Washington, DC: US Department of Justice.
Calavita, Kitty, and Valerie, Jenness. 2015. Appealing to Justice: Prisoner Grievances, Rights, and Carceral Logic. Berkeley, CA: University of California Press.
Crank, John P. 1994. Watchman and Community: Myth and Institutionalization in Policing. Law & Society Review 28 (2): 325–52.
Dolovich, Sharon. 2012. Forms of Deference in Prison Law. Federal Sentencing Reporter 24 (4): 245–59.
Dunn‐Giles, Cheryl. 1993. Turner v. Safley and its Progeny: A Gradual Retreat to the “Hands‐Off Doctrine?Arizona Law Review 35:219–36.
Eigenberg, Helen. 2000. Correctional Officers and Their Perceptions of Homosexuality, Rape, and Prostitution in Male Prisons. Prison Journal 80 (4): 415–33.
Fligstein, Neil, and McAdam, Doug. 2011. Toward a General Theory of Strategic Action Fields. Sociological Theory 29 (1): 126.
Foucault, Michel. 1979. Discipline and Punish: The Birth of the Prison. New York: Vintage Books.
Georgia Department of Corrections. 2012. Orientation Handbook for Offenders. Forsyth, GA: Georgia Department of Corrections.
Hagan, John. 1989. Why Is There So Little Criminal Justice Theory? Neglected Macro‐ and Micro‐Level Links Between Organization and Power. Journal of Research in Crime and Delinquency 26 (2): 116–35.
Hanssens, Catherine, Moodie‐Mills, Aisha C., Ritchie, Andrea J., Spade, Dean, and Vaid, Urvashi. 2014. A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People Living with HIV. New York: Center for Gender & Sexuality Law at Columbia Law School.
Hensley, Christopher, and Tewksbury, Richard. 2002. Inmate to Inmate Prison Sexuality: A Review of Empirical Studies. Trauma, Violence, & Abuse 3 (3): 226–43.
Hoppe, Trevor. 2013. Controlling Sex in the Name of “Public Health”: Social Control and Michigan HIV Law. Social Problems 60 (1): 2749.
Horwitz, Paul. 2008. Three Faces of Deference. Notre Dame Law Review 83 (3): 10611146.
Iowa Department of Corrections. 2006. Policies and Procedure. Des Moines, IA: Iowa Department of Corrections.
Johnson, Carrie, and Chappell, Bill. 2014. Solitary Confinement Costs $78k per Inmate and Should Be Curbed. Washington, DC: National Public Radio.
Kunzel, Regina. 2008. Criminal Intimacy: Prison and the Uneven History of Modern American Sexuality. Chicago, IL: University of Chicago Press.
LaMont, Michelle, and White, Patricia. 2005. Workshop on Interdisciplinary Standards for Systematic Qualitative Research. Washington, DC: National Science Foundation.
Lerman, Amy, and Page, Joshua. 2012. The State of the Job: An Embedded Work Role Perspective on Prisoner Officer Attitudes. Punishment & Society 14 (5): 503–29.
Lynch, Mona. 1998. Waste Managers? The New Penology, Crime Fighting, and Parole Agent Identity. Law & Society Review 32 (4): 839–68.
Lynch, Mona. 2000. Rehabilitation as Rhetoric. Punishment & Society 2 (1): 4064.
Maynard‐Moody, Steven, and Musheno, Michael. 2000. State Agent or Citizen Agent: Two Narratives of Discretion. Journal of Public Administration Research and Theory 10 (2): 329–58.
McEvoy, Alan, and Spirgen, Nicole. 2012. Gambling Among Prison Inmates: Patterns and Implications. Journal of Gambling Studies 28:6976.
Meyer, John W., and Rowan, Brian. 1977. Institutional Organizations: Formal Structure as Myth and Ceremony. American Journal of Sociology 83 (2): 340–63.
Morrill, Calvin. 2008. Culture and Organization Theory. Annals of the American Academy of Political and Social Science 619:1540.
Nixon, Gary, Leigh, Gordon, and Nowatzki, Nadine. 2006. Impacting Attitudes Towards Gambling: A Prison Gambling Awareness and Prevention Program. Journal of Gambling Issues 17. (accessed May 2, 2016).
Page, Joshua. 2013. Punishment and the Penal Field. In The Sage Handbook of Punishment and Society, ed. Simon, J. and Spark, R., 152–66 New York: Sage.
Robinson, Russel. 2011. Masculinity as Prison: Sexual Identity, Race and Incarceration. California Law Review 99:13091409
Shay, Giovanna. 2010. Ad Law Incarcerated. Berkeley Journal of Criminal Law 14 (2): 329–94.
Simon, Jonathan. 2013. Punishment and the Political Technologies of the Body. In The Sage Handbook of Punishment and Society, ed. Simon, J. and Sparks, R., 6089 New York: Sage.
Sumner, Jennifer, and Sexton, Lori. In press. Same Difference: The “Dilemma of Difference” and the Incarceration of Transgender Prisoners. Law & Social Inquiry.
Sumner, Jennifer, Sexton, Lori, Jenness, Valerie, and Maxon, Cheryl. 2014. The (Pink) Elephant in the Room: The Structure and Experience of Race and Violence in the Lives of Transgender Prisoners in California. In Routledge International Handbook of Race, Class, and Gender, ed. Jackson, Shirley A., 128–43, New York: Routledge.
Sykes, Gresham. 1958. The Society of Captives: A Study of a Maximum‐Security Prison. Princeton, NJ: Princeton University Press.
Timmermans, Stephan, and Tavory, Iddo. 2012. Theory Construction in Qualitative Research: From Grounded Theory to Abductive Analysis. Sociology Theory 30 (3): 167–86.
Lawrence v. Texas., 539 U.S. 558 (2003).
Obergefell v. Hodges, 576 U.S. 556 (2015).
Prison Litigation Reform Act of 1996, 110 Stat. 1321.
Prison Rape Elimination Act of 2003, 117 Stat. 972.

Controlling Consensual Sex Among Prisoners

  • Jay W. Borchert


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