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I have heard that people in prison can't legally consent to any type of sexual activity Hm prison service says consensual sex in jail is illegal because cells are public places, but relationships between prisoners tend to be dealt with on a discretionary basis. That all sex in prison amounts to statutory rape.
But sexual activity between law enforcement officers and individuals in their custody who. People who have never been in prison may find it hard to understand why sex is such an important topic for those who have lost their freedom. When a prison official sexually assaults an inmate, though, courts have little difficulty in finding liability under the eighth amendment prohibition on cruel and unusual punishment
But what if the inmate enjoyed the sex, and wanted more of it
That's the question david walton, a wisconsin prisoner, put before the court of appeals. The federal prison rape elimination act (prea) does not specify that sexual contact between two prisoners should be considered abuse Though many believe that prisoners in the united states are not legally allowed to consent to sex, this is not entirely true. Prison sexuality (or prison sex or penitentiary sex) consists of sexual relationships between prisoners or between a prisoner and a prison employee or other persons to whom prisoners have access
[1] exceptions to this include sex with spouses/partners during conjugal visits and sex with a prison. All sexual contact, including consensual sex between inmates, or inmates and staff, is a forbidden behavior in u.s Engaging in sexual behavior and sexual activities can result in punishments ranging from minor restrictions to additional criminal charges and increased time added to current sentences Sexual expression is discouraged and faces severe limitations behind prison walls.
Federal law makes it illegal for prison guards to have sex with incarcerated people
This is because incarcerated people cannot legally give consent If a prison guard has sex with an incarcerated person, the guard can face up to 15 years in prison Yet media outlets across the country choose to downplay prison guards' wrongful and criminal conduct in this regard everyday Convicted offenders face fines and imprisonment
It is also illegal to aid or abet in the commission of these crimes, and individuals who commit such acts are also punishable under federal obscenity laws. Sex is an integral part of the personal resistance to oppression that prisoners have the opportunity to use, as a means of psychological survival during their years of incarceration
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