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That all sex in prison amounts to statutory rape. 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. 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. 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
A new state law requires that condoms be made available to all prison inmates — even though state law also forbids sex between prisoners. 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
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