Inmate Sexuality 313There is a final category of inmates which is often overlooked and not taken
seriously within the prison system. This category consists of both pre- and postop-
erative transsexuals. Transsexuals are those who identify themselves as the opposite
gender from their biological genitalia and may attempt surgery to change their gen-
italia (R. Smith, 1995). Petersen, Stephens, Dickey, and Lewis (1996) indicate that
these prisoners pose a significant difficulty to prison management, yet results from
their survey reflect that only 20% of 64 corrections departments indicated the ex-
istence of any formal policy regarding housing or treating transsexuals. Their study
indicated that nearly every department lacked specialized therapy tor these inmates.
For postoperative transsexuals, only 32% of the departments stated that they would
definitely house the prisoners according to their new gender (i.e., male-to-female
transsexuals would be sent to a female prison).
When viewing these inmates from a sexual behavior perspective, it would seem
that they would be at greater risk for sexual assault and abuse. However, the
Petersen ei cil. (1996) study found that 85% of the departments reported that this was
not felt to be an important issue. In fact, less than 15% considered transsexual inmates
to be at greater risk for sexual or physical assault. However, one particular Supreme
Court case suggests that transsexuals are at risk for harm. Farmer v. Brennan (1994)
involved a preoperative transsexual who exhibited feminine characteristics. He was
transferred to a higher security penitentiary and claimed to have been beaten and
raped by another inmate after being placed in the general population. The inmate
brought suit against the prison officials who housed him in the general population
upon being transferred. In his previous location he was segregated. The Supreme
Court ruled that "prison officials may be held liable under Eighth Amendment for
denying humane conditions of confinement only if they know that inmates face a
substantial risk of serious harm and disregard that risk by failing to take reasonable
measures to abate it" (p. 1270). Based on this ruling, prison officials may need to
be more aware of how they handle transsexuals and take more seriously their risks
for being harmed.
From this review, it appears that sexual behaviors do exist among inmates and
that the sexual behaviors in prisons are not restricted solely to offenders. Mahon
(1996) provides an appropriate summary in which she quotes a female jail inmate,
"Male COs [correctional officers] are having sex with females. Female COs are
having sex with female inmates, and the male inmates are having sex with male
inmates. Male inmates are having sex with female inmates. There's all kinds, it's a
smorgasbord up there" (p. 1212).
Forensic Psychology and Policy Implications
After examining the data on inmate sexual behaviors, one alarming concern is the
extent of AIDS and the spread of HIV. Mahon (1996) reported that at the end of
1994, the rate of AIDS cases in state and federal prisons was seven times higher