State Correctional Department Leaders and the Persistent Socio-legal Control of Consensual Prison Sex.

• In Event: 033 - Section on Crime, Law, and Deviance Roundtable Session and Business Meeting
  In Refereed Roundtable 60min: Table 06. Procedures and Justice

Abstract

Despite socio-legal change for LGBT citizens, including the legality of same-sex sex, prisons remains steadfast in their understanding of consensual same-sex sex among prisoners. Every prison nationwide maintains rules baring sex between prisoners. Punishments can be severe. Through interviews with twenty-six state correctional department leaders, the work uncovers beliefs that frame same-sex sex as dangerous for the safety and security of prisoner. Findings demonstrate that while prison leadership support exogenous social change for LGBT citizens and the decriminalization of consensual same-sex sex, they also insist that prisons are not suited for similar changes. While sexual misconduct rules may not be explicitly homophobic, the rules in action are certainly homosexual status rules and require reconsideration in light of socio -legal change for LGBT citizens. And, since current jurisprudence reifies the expertise of prison officials in due deference doctrine (Turner v. Safley, 1987) there is no impetus in prison law to redefine and decriminalize prison sex

Author

• Jay W. Borchert