Policies on Sexually Explicit Materials in State Prisons
| Date | 01 March 2013 |
| DOI | 10.1177/0887403411426773 |
| Published date | 01 March 2013 |
| Author | Corey D. Burton,Richard Tewksbury |
| Subject Matter | Articles |
and TewksburyCriminal Justice Policy Review
Article
Criminal Justice Policy Review
24(2) 222 –234
Policies on Sexually
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DOI: 10.1177/0887403411426773
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in State Prisons
Corey D. Burton1 and Richard Tewksbury1
Abstract
Given the limited opportunities for consensual, sexual relationships in prisons, inmates
must often seek to fulfill their sexual needs through other avenues, including use of
sexually explicit materials. The current study explores the policies of correctional
agencies regarding allowing inmates’ access to sexually explicit materials. Drawing on
Department of Corrections (DOC) policies, this study indicates important variations
across systems. Current research, as it relates to the effects of viewing sexually
explicit materials on prison inmates, is scarce. Although more data are available
from the general population, it is not entirely clear whether these results translate
to prison inmates. Nonetheless, prison administrators may still have a legitimate
penological interest in restricting these materials. Examining both the current state of
correctional policies on access to sexually explicit materials and the current research,
potential implications for policy development are discussed.
Keywords
sexually explicit, nudity, publications, photographs
Inmates in correctional facilities throughout the United States are limited in their
opportunities to continue their sexual relationships they once maintained outside.
Only six states (California, Connecticut, Mississippi, New Mexico, New York, and
Washington) allow conjugal visits (Camp, 2003). Even then such visits are often very
limited in terms of the types of inmates who are eligible and the number of times in a
given year an inmate can receive a visit. Furthermore, individual visits are limited in
terms of overall time allowed for the inmate and a partner to be together.1 One possible
1University of Louisville, Louisville, KY, USA
Corresponding Author:
Richard Tewksbury, Department of Justice Administration, University of Louisville,
2301 South 3rd Street, Louisville, KY 40292, USA.
Email: tewks@louisville.edu
Burton and Tewksbury
223
alternative may be for inmates to turn to sexually explicit publications or photographs
as a sexual outlet.
Regardless of whether a correctional system permits, prohibits, or stands silent in
policy on issues of whether to allow sexually explicit materials (and what types), there
are important policy implications to consider. Among the states that have less restric-
tive standards regarding what they will allow inmates to receive, access to these mate-
rials could encourage inmate sexual behavior, sexual harassment, or sexual violence.
Some researchers have found relationships between viewing sexually explicit materi-
als and an increase in violence (Scully, 1994; Seto, Maric, & Barbaree, 2000). Other
researchers have found relationships between viewing sexually explicit materials and
increased aggression (Allen, D’Alessio, & Brezgel, 1995). The purpose of the present
article is to examine what types of sexually explicit materials Department of
Corrections’ (DOC) policies allow/prohibit inmates to receive.
Literature Review
Restricting Nude and Sexually Explicit Materials:
Furtherance of a Legitimate Penological Interest?
Crucial to knowing why some correctional systems prohibit nude or sexually explicit
materials is understanding the potential effects of viewing these materials on prison
inmates. Unfortunately, there is only very sparse research evidence to support claims
that allowing or prohibiting sexually explicit materials in prisons has any effect on
inmate behavior.
The available literature on the effects of sexually explicit materials on men’s behav-
ior, although mixed, does largely lend support to the belief that prohibition of nude and
sexually explicit materials furthers a legitimate penological interest. Scully (1994)
suggests that men who are predisposed to sexually offend are not only more likely to
become violent after consuming these materials but also may further internalize sexual
abuse and maltreatment of women as normal. Furthermore, men who are predisposed
to sexually offend tend to show the strongest changes in violent attitudes after viewing
sexually explicit materials, whereas men who are not inclined to commit sexual
offenses have demonstrated considerably smaller changes in attitudes in comparison
(Seto et al., 2000). Building on this idea, both Bergen (2000) and Cramer et al. (1998)
showed that among women who have been victims of sexual violence, use of pornog-
raphy is a common activity for their abusers. Finally, in a study of 102 male under-
graduate students, Vega and Malamuth (2007) found that pornography consumption
was strongly related to increased sexual aggression among male college students as
well. Currently, 12.3% of inmates are serving sentences for rape or sexual assault
(West & Sabol, 2010). Therefore, prison administrators may have a significant interest
in keeping nude and sexually explicit materials out of their facilities (as these inmates,
as well as perhaps others, have demonstrated a predisposition to sexually offend).
224
Criminal Justice Policy Review 24(2)
However, other researchers have rejected the link between viewing sexually explicit
materials and increased violence. Smith and Hand (1987) found very little difference
in increased levels of violence toward women between men who were exposed to
sexually explicit material and a comparison group of men who were not. Davies (1997)
in a study of 194 men who had rented sexually explicit videos during a 1-year period
concurs and concluded “pornography does not affect attitudes toward rape or women’s
rights” (p. 131).
Some researchers have addressed the potential link between viewing sexually
explicit materials and increased levels of aggression (which does not necessarily result
in a violent outburst). Large scale meta-analysis (Malamuth, Addison, & Koss (2000)
support that frequent pornography consumption by men is linked with sexually aggres-
sive behaviors, especially for consumption of violent sexual images. More specifi-
cally, Hald, Malamuth, and Yuen (2010) conducted a meta-analysis of nine
nonexperimental studies of men’s consumption of sexually explicit materials and atti-
tudes supporting violence against women. They conclude that nonexperimental stud-
ies have similar conclusions to experimental studies—consumption of pornography is
associated with attitudes supportive of violence against women. In addition, consump-
tion of violent sexually explicit materials are most strongly connected with attitudes
supportive of violence against women. Arguably more specific to a prison setting
where a large number of inmates have lower than average IQs, Bogaert, Woodard, and
Hafer (1999) reported that viewing sexually explicit materials has a stronger effect on
attitudes and actions on men with lower IQs. When coupled with the fact that signifi-
cant numbers of inmates have demonstrated a predisposition (or willingness) to sexu-
ally offend, this would appear to suggest that there is a legitimate penological interest
in restricting/prohibiting sexually explicit materials in prisons.
Support and Opposition to Allowing Inmates
Access to Sexually Explicit Materials
Few people may recognize that at least some inmates may have access to sexually
explicit materials while incarcerated. When queried about whether they believe such
materials are...
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