Sex in a correctional setting is NEVER consensual!

Is it ever ok for inmates to have sexual relations with correctional facility staff? No, absolutely not. Intimate relations between corrections officers and inmates are considered non-consensual in every circumstance. Because of the unavoidable imbalance of power and authority, inmates cannot give legal consent to having sexual relations with a corrections officer or jail staff member. It’s similar to the way that a minor under the age of consent cannot legally give consent to having sex with an adult. This is known as statutory rape.

Inmates are often subjected to harassing, threatening, and sometimes violent treatment by the corrections staff members that they are required to respect and obey. Thanks to the Prison Rape Elimination Act (PREA), inmates should have access to a reporting system that allows them to disclose what’s happening to them. Unfortunately, PREA guidelines are not enforced nearly as much as they should be. Many inmates face retaliation when they do speak up.

The 8th Amendment prohibits cruel and unusual punishment, but it does not ensure that authority figures are not abusing their power and taking advantage of prisoners. Rape and sexual abuse are never a part of the punishment. Every inmate has a right to be safe while serving their time.