Permitting consensual intercourse between inmates in South Africa could reduce rape and encourage prisoners to practice safer sex, according to the Judicial Inspectorate of Prisons (JIP).

AIDS and human rights groups welcomed JIP's recommendation. Golden Miles Bhudu, the president of the South African Prisoners Organization for Human Rights, said granting prisoners conjugal rights would mean "less prison rapes, less unnatural sexual activity." Rukia Cornelius of Treatment Action Campaign also said the policy change would result in safer sex and more openness.

JIP, which has authority over the nation's Department of Correctional Services (DCS), made its recommendation after weighing an appeal from two male inmates who were charged with misconduct for having consensual sex. Umesh Raga, a JIP lawyer, said changing the policy would make it easier for authorities to distinguish between consensual and coercive sex and would also break down stigmatization. South Africa's constitution guarantees homosexuals protection from prejudice; however, homophobia is still commonplace.

Prison officials are opposed to the plan. DCS spokesperson Manelisi Wolela said people forfeit their right to sexual intercourse when they enter prison.

Back to other news for March 29, 2005

Search the Newsroom archive