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Rethinking Conjugal Visitation in Light of the "AIDS" Crisis

NCJ Number
119909
Journal
New England Journal on Criminal and Civil Confinement Volume: 15 Issue: 1 Dated: (Winter 1989) Pages: 121-145
Author(s)
T M Bates
Date Published
1989
Length
25 pages
Annotation
The incidence of AIDS in the Nation's prisons may be reduced by allowing more conjugal visits.
Abstract
The AIDS virus is mostly transmitted through either blood or semen. Although the large majority of inmates with AIDS acquired the disease from intravenous drug abuse before they were sent to prison, AIDS is also spread through homosexual activity. According to a report by the Federal Bureau of Prisons (based on data from the Federal prison system) it is estimated that 30 percent of inmates engage in homosexual activity; inmates Conjugal visits have been shown to reduce the amount of homosexual activity among inmates. Since allowing conjugal visitation reduces homosexual activity, it follows that the incidence of AIDS among inmates will in turn be reduced. Although condom distribution and education efforts might help prevent AIDS outside of prison, neither alternative can effectively prevent AIDS transmission in the prison setting. Because of anti-sodomy laws in many States, condom distribution will not gain wide acceptance. Even if condom distribution did become policy, inmates cannot be trusted to use the condoms regularly. Education about AIDS will not protect the inmate who is sexually assaulted or the inmate who, out of a need for physical and emotional release, enters into a homosexual relationship with an inmate who may or may not be aware that he has AIDS. 175 footnotes.

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