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[quote=Anonymous][quote=Anonymous]
According to US DOJ there are less than 300 substantiated claims of nonconsensual prisoner sex per year in the US (the imprisoned population is around 2.2 million).

The book "Orange is the New Black" covered this topic a bit as well, and it's overwhelmingly consensual in women's prisons, too.
[/quote]

You are truly a moron if you believe there are only 300 prison rapes per year. Mind-bogglingly stupid. Gee, ya think it's underreported at all?

https://www.bjs.gov/content/pub/pdf/svsfpri07.pdf

In this survey, 4.5% of the inmates reported sexual victimization -- so, out of 2.2 million today, that would be 99,000. A little more than 300.

Furthermore, as Human Rights Watch notes, the idea of "consensual" homosexual encounters in prison is problematic:

https://www.hrw.org/reports/2001/prison/report5.html

[quote]Consent and Coercion in Prison

[A]ll choices and relationships are so constrained and limited in the unfree world of the prison that what is normally meant by such terms as "free" or "voluntary" does not apply.

-- James Gilligan, M.D., former director of mental health of the Massachusetts prison system(230)

The existence of freely given consent or, conversely, the absence of coercion, is a critical factor in distinguishing sexual abuse from mere sex.(231) But in the context of imprisonment, much more so than in the outside world, the concepts of consent and coercion are extremely slippery. Prisons and jails are inherently coercive environments. Inmates enjoy little autonomy and little possibility of free choice, making it difficult to ascertain whether an inmate's consent to anything is freely given.(232) Distinguishing coerced sex from consensual sex can be especially difficult.

Human Rights Watch has previously addressed the issue of inmates' consent to sex in the specific case of women inmates' sexual relations with correctional officers. In light of officers' enormous authority over inmates--a power imbalance that eviscerates traditional notions of consent--we concluded that custodial sexual contact should be deemed a criminal act even in the absence of overt or implied coercion.(233)

Prisoner-on-prisoner sexual contact might first appear to pose very different questions than custodial sexual contact as, formally at least, prisoners are not supposed to be able to exercise power over each other. The reality, however, is that in most prisons, even those where correctional authorities make a reasonable effort to maintain control of their charges, an inmate hierarchy exists by which certain prisoners enjoy a great deal of power over their fellows and other prisoners are exposed to exploitation and abuse. This power imbalance is of course much more marked in prisons where the authorities have ceded effective control to the inmate population, an all too common occurrence. Indeed, where "the inmates run the prison"--a phrase Human Rights Watch heard on several occasions--some of the most abusive relationships take place with little or no need for threats or other overtly coercive acts. For some prisoners, the atmosphere of fear and intimidation is so overwhelming that they acquiesce in their sexual exploitation without putting up any obvious resistance. J.D., incarcerated in Colorado, explained how this happened to him:

I came to prison in April, 1991. I'd never been to prison before. I basically feared for my life . . . . Eventually, I ended up with a roommate who took advantage of my situation. He made me feel "protected" somewhat. But, at the same time, he let me know he could quite capably beat me up, if he wanted. One night, after we were all locked down for the night, he told me he could help me overcome my sexual inhibitions, if I would let him. He told me he was bisexual. I knew he was quite sexually active, so to speak, as he had female pornography in the room as well as masturbating frequently to it. But, I was surprised he would come on to me. However, I felt very much in danger if I did not give in to him. I was very scared. I ended up letting him penetrate me anally. After this, I would feign sleep at night when he'd come in. But, there were several more times he forced me to perform sexually.(234)

Viewed from outside, the sexual relationship between J.D. and his cellmate would likely have appeared consensual. Indeed, in instances where the victim makes little apparent effort to escape the abuse, both prisoners and prison authorities often fall into the trap of viewing nonconsensual sexual activity as consensual, ignoring the larger context in which the activity takes place.(235) Consent, however, assumes the existence of choice. As will be described in more detail below, where prisoners feel unprotected and know in advance that their escape routes are closed, a narrow focus on consent is misguided. In other words, the relevant inquiry in evaluating sexual activity in prison is not simply "did the inmate consent to sex?" but also "did the inmate have the power to refuse unwanted sex?"

It is important to note, moreover, that it is these apparently "consensual" sexual acts that are least likely ever to come to the attention of correctional authorities. J.D., like most inmates in his position, never told the authorities about his situation.[/quote][/quote]

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