Condoms In Prisons

When one thinks of locations condoms are regularly distributed, the following places quickly come to mind: high school sex education classes, college and university campuses, and centers like Planned Parenthood. However, there may be one more site to add to this list – prisons. There is currently a debate across the nation about whether or not state and federally funded prisons should provide inmates with condoms. Some some believe it would keep prisoners safe by effectively helping to prevent the spread of sexually transmitted diseases (STDs) such as HIV and AIDS while others see it as a morally offensive act that may not have a very positive impact. Both views have valid points, and one should consider both adequately before advocating for,

or against condom distribution.
Before delving into the pros and cons on this issue, it is imperative to be aware of some general information about the topic. To begin, it is not permitted for inmates to have sexual relations in prison, and in some states, it is even a crime (Lavender, 2015). Nevertheless, it happens. In an article for Just Detention International, Assemblyman Paul Koretz of West Hollywood stated that, “It’s unrealistic to think we have the ability to completely eliminate sex in prison” (Thompson). Sometimes it is consensual, and sometimes it is not. It was approximated in a National Inmate Survey conducted in 2011-12, that about “4.0% of state and federal prison inmates…reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months” (Beck). This statistic is most likely far underestimated because of prisoners’ fear in reporting which is linked to the well known concern that “snitches suffer fates worse than rape” (Chammah). Therefore, it is evident that sexual relations, consensual or not, occur for some individuals while imprisoned, although it is not known exactly how many.
It is also worthwhile to note that it is through these relations that STDs are transferred. Prisons seem to be hot spots for carriers of STDs. HIV infection rates for those in prison is three times more than the general public’s HIV infection rate (Fullilove). Moreover, the Center for Disease Control (CDC) recently found that one seventh of the population living with HIV goes through a correctional facility yearly (Lavender, 2015). Because so many individuals in prison are infected and sexual relations occur in prisons, safe sex is often considered a major public health concern in the nation’s detainment facilities.
This problem brings about a use for condoms, and some inmates are already receiving them. Condoms are available in several prisons outside the U.S., but inside the US, Vermont and California are the only states where condoms are distributed. Since 1987, prisoners in Vermont have had to ability to ask for a condom in a private meeting with a nurse. Similarly, California passed an act in September of 2014 mandating that the “state’s Department of Corrections and Rehabilitation…develop a five-year plan to expand the availability of condoms in all California prisons.” (Lavender, 2014). The question is whether all American detainment facilities should be doing this or if none should.
Those who advocate for condom distribution in prisons do so because when inmates use correctly them it makes their sex safe, aiding in the prevention of the spread of HIV, AIDS, and other STDs.

The CDC states on their websites that the, “consistent and correct use of male latex condoms can reduce (though not eliminate) the risk of transmission of sexually transmitted diseases” (CDC). Further, the American Bar Association’s ABA Standards for Criminal Justice: Treatment of Prisoners states that “A correctional facility should…protect prisoners from harm from other prisoners” (16). Because condoms help to prevent STDs transferred between prisoners, many use this passage to argue that condoms are needed to keep the inmates from harm. Senator Rod Wright of he “pro” side also points out that because condoms help to prevent STDs, handing them out would actually be cheaper than treating the STD after the inmate falls ill (Catholic Online). It is no secret that condoms are inexpensive and medical care is expensive. Moreover, the Bureau of Justice Statistics reports that a minimum of “95% of all state prisoners will be released from prison at some point.” Therefore, those pushing for condom handout believe that using condoms to aid in the prevention of the spread of STDs in prisons will actually have an impact in helping to prevent their transmission among the the law abiding citizens of the United States (Hughes). This is, of course, making the conservative assumption that when

discharged, prisoners will go into the real world and engage in sexual relations.
The “pro” argument has strong backing from large organizations like the World Health Organization (WHO) who recommends many things in their booklet entitled “Effectiveness of Interventions to Address HIV in Prisons”. WHO suggests that condom distribution programs should be implemented “as soon as possible,” that condoms should be “easily and discreetly accessible to prisoners,” and that all involved should be educated before distribution begins (7). A special-projects director at a nonprofit organization focused on detained individuals and their families summarizes up the “pro” side’s stance simply, “If [sex in prison is] going to happen, you might as well make it be safe” (Lavender, 2014).
On the other hand, the “con” side argues against handing out condoms in prison for various reasons.

One justification is that they may be used for purposes other than safe sex. A major concern is the condom’s ability to help prisoners smuggle drugs by them to better hide the drugs inside their bodies. However, those who advocate handing out condoms are quick to point out that there are already items available to bootleg contraband, such as plastic sandwich bags and cling wrap (Lines, 64). Weaponry is another fear that goes along with the availability of condoms in prisons. Staff are afraid they will be filled with bodily excretions such as urine and feces and then used in attacks (Lavender, 2015). Another concern is that handing out condoms may cause problems for those receiving them. In the prisons like those in Vermont where they must be requested, and the request must be filed, asking for a condom may be seen as a “probable cause for investigating whether or not an inmate is engaged in illegal activity” (Fullilove). Possibilities of prohibited acts that receiving a condom correlates to may include drug use, attacks against officers, and the obvious sexual relations with other

inmates.
The “con” side also commonly views distributing condoms as encouraging prisoners to engage in illegal activity. Benjamin Lopez from The Traditional Values Coalition says that “providing condoms to inmates to practice safe but illegal sex would be similar to giving inmates clean needles to use contraband drugs” (Thompson). Further, some who are against handing out condoms fear they would also encourage nonconsensual sexual interactions between inmates. However, others against condom hand-outs are doubtful that if a prisoner wanted to sexually assault another prisoner, he or she would bother with using a condom to make the sex safe.
Finally, the “con” side’s most passionate argument is the belief that providing condoms is morally offensive. Religious groups feel as though giving condoms to inmates advocates for sex between two males. Homosexual relations are assumed because of the well known fact that prisoners are separated by gender in detainment facilities. Reverend Harold Baily feels very strongly about this. Baily, who used to be the chairman of the Cook County Board of Corrections, was quoted saying, “Anytime anyone puts two men together, which is against the law of God, then gives them permission to do it with a condom, [it’s] despicable” (Manier).
In summary, sex happens in prisons, and there are many individuals infected with STDs who are incarcerated. Because of this, many countries other than the U.S. provide condoms to prisoners, but in the America, only Vermont and California do. Whether all prisons should be doing this, or no prisons should be doing this is still up for debate. Some see condoms as a way to keep prisoners healthy by helping to prevent STDs, which are very prevalent in detainment facilities. Others view them as a concern in the prison system and morally offensive. Both sides have arguments that can be considered strong.
Once properly educated, one can choose where he or she stands. Personally, I find this an incredibly challenging decision, and I feel myself pulled to certain arguments from each view. However, if forced to pick a side, I would argue against the distribution of condoms in prisons. It should be noted that my selecting of the “con” side does not mean I believe prisoners deserve STDs since they committed a crime, because I do not. I think their punishment is being away from normal society, not being put in a situation to contract a disease. Nonetheless, I agree overall with the negative side of condoms in detainment facilities slightly more than I do the positive side. There are two arguments from the “con” position that are responsible for my decision. First, it is difficult for me to get past the idea that handing out condoms gives inmates the tool they need to safely do what they are explicitly prohibited from doing. It seems very hypocritical to encourage individuals who are in prison because they broke the law, to commit another illegal act while serving their time. Second, I agree that most sexual predators would not use a condom with their victims, so I don’t think condoms would protect sexual assault victims from STDs. I wish sex in prisons could be completely stopped, so there would be not use for condoms in detainment facilities. Since this is not realistic, I wish the debate was not whether or not condoms should be provided, but rather how the American prison system can reduce the amount of sexual relations that occur. Therefore, in a perfect world, I prevent STDs through abstinence during detainment, not safe sex.