California: Bills Aimed at Inmate Rape, Condoms Clear Committee

On Tuesday, the California Assembly's Public Safety Committee approved two bills designed to stem HIV transmission and rape in prisons. The committee approved a bill that would allow nonprofit and health agencies to distribute condoms and other sexual barriers to state prisoners to encourage them to practice safe sex; that bill passed by a partisan 4-2 vote.

The second bill would require the Department of Corrections to create an Office of the Sexual Abuse in Detention Elimination Ombudsperson to head efforts to help prevent prison rape; that bill was approved by a 5-1 vote. The legislation will help make California be compliant with the federal Prison Rape Elimination Act, said Assemblymember Jackie Goldberg (D-Los Angeles), the bill's sponsor.

Various studies indicate 30-60 percent of male inmates engage in homosexual activity, while HIV infection rates are five times that for the nonincarcerated population, said Assemblymember Paul Koretz (D-West Hollywood). The state spends $18 million annually treating HIV/AIDS in prison, and about $23,000 per HIV-positive Medi-Cal recipient per year, he said. "We are putting our population at risk ... if we do not take action," said Mark Leno (D-San Francisco).

Eleven organizations testified in favor of the condom bill, while The Traditional Values Coalition argued against providing condoms to prisoners, who cannot legally have sex behind bars.

One in five male inmates is pressured or forced to have sex, and one in 10 is forcibly raped in prison, said Lara Stemple, executive director of Los Angeles-based Stop Prison Rape. Juveniles tried as adults who are sent to adult prisons are five times more likely to be assaulted, she said. Women inmates are more likely to be pressured or raped by male prison employees, with as many as 27 percent of female inmates at some prisons reporting sexual pressure, she said.

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