Inmate Safe Sex
Should Prisons Distribute Protection?
By Daniel Muniz

"Everyone knows that sex happens in prison, and short of solitary confinement for all ... inmates, the state is unable to prevent it," Assemblyman Paul Koretz, D-West Hollywood, said in a statement.

Various studies put the incidence of homosexual activity inside prisons at between 30 percent and 60 percent of male inmates, while the rate of HIV infection is at least five times that of the outside population, Koretz said.

Source: The Associated Press

For years activist groups and nonprofit organizations have been pressuring prison systems across the country to distribute condoms to inmates. Their assessment is simple in that HIV infection rates are soaring in prison populations thus if convicts wear protection, even when they are committing a violent sexual assault against another inmate, then this and other deadly diseases can be more easily contained. They also claim that sex safe between prisoners will bring down health costs even though such groups have never been bothered before by high costs.

State prison systems in Mississippi and Vermont already pass out protection to prisoners and so do the jails of large cities such as Los Angeles, New York City, the District of Columbia, Philadelphia, and San Francisco. And pressure is mounting in other state correctional institutions in Texas especially after the aggressively militant AIDS organization ACT-UP demonstrated against prison officials. Although Texas prisons do not hand out condoms as of yet, the state’s Center for Disease Control will be recommending that such policies be implemented.

And internationally, there are plenty of countries that already distribute condoms to inmates. Most of Europe and part of Latin America participate in such programs and so do Canada and Australia.

Naturally, critics of these plans are outraged. Republican state senator Charles Poochigian, who is fighting the bill that passed through both houses of California’s state assembly, insists that such initiatives:

"Sends entirely the wrong message. Prisons are to punish criminals. They shouldn't be sanctioning activities that are illicit…"

Source: The Associated Press

Although I can understand the good intentions of the proponents of such programs, it is still a farce and here is why.

First of all, nearly all of these convicts are simply oblivious to consequences. If they weren’t, then they wouldn’t be in prison in the first place. Although contracting a deadly virus like HIV may be terrible, it merely is only one component of the risky and often dangerous behavior that criminals already engage in. By virtue of being incarcerated, the principles of cause and effect has little meaning to a lot of inmates

Granted, there are prisoners that choose to rehabilitate themselves but the greater prison population consists of convicts and repeat offenders in which irresponsible behavior is simply a way of life. As a result, a prison system would actually have to teach inmates how to correctly use a condom and then encourage them to wear them one hundred percent of the time during sex while they are incarcerated.

Would All Inmates Correctly Use Protection?

So how do these activist organizations truly expect that prisoners will all of a sudden begin to adopt and exercise responsible conduct when they are handed protection even though they never exhibited the sound thinking and good judgment from the beginning?

That is a question that the activists do not have a practical answer to.

Now here is where it gets tricky.

Much of the sex that goes on in prison is not consensual. Popular culture has immortalized the fear of prison rape and numerous studies, awareness groups, and even the Supreme Court has acknowledged that sexual assault either done violently or by coercion, is a serious problem.

Therefore, are correctional institutions actually going to teach inmates that they must wear protection while they are savagely raping another prisoner? Will they also give instructions on they can safely protect themselves during a brutal gang rape (like don’t share condoms)? And will convicts even be in the right frame of mind for safe sex when they are in the process of committing a violent sexual assault against another inmate?

Again, those are important questions that the activist groups do not really have workable solutions to.

But there is also a litigious consideration. The moment a correctional institution hands out a condom, it implicitly assumes legal risks. Suppose protection is not available at the heat of the moment or during a sex crime, is the city or state now responsible for any sexually transmitted diseases?

A trial lawyer will definitely see it that way as well as in the event if a condom tears even when it is used against manufacturer recommendations.

At its every essence, the proponents of condom distribution programs simply see it as “problem solved” while refusing to even address the severe crisis of prison rape other than to insist that an inmate must wear protection while doing the crime. Handing out a condom will not stop the violent sexual assaults.

But what outrages the law and order types the most are the consensual sex acts. Jail is supposed to be a facility for punishment instead of a place where an inmate can enjoy sensual erotic pleasure. Unfortunately that is a concept that has eluded too many activist organizations across the country who constantly files lawsuits on the behalf of prisoners. Today, inmates can now enjoy radios, television sets, adult magazines, and lots of other personal items in their jail cells.

In order to restore the harshness and depravity of prison life while still making it safe for inmates, laws have to be enforced, budgets have to be expanded, violent deranged prisoners isolated, and benefits eliminated. And most importantly, more prisons have to be designed to house a single convict to a cell while severely curbing gang activity. A correctional institution must be rugged and Spartan but it should also be safe. Inmates must only have very limited contact with other prisoners because that is how most of the violence takes place.

Yes, prisons are expensive which is why they have limited budgets but it is time for states to start fighting the activists so that they can get more control over their facilities and regain the ability to restore more austere and ascetic conditions for the inmate population.

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