Conjugal visits
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A conjugal visit is a scheduled period in which an inmate of a
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
or
jail A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
is permitted to spend several hours or days in private with a visitor. The visitor is usually their legal spouse, and the visit's purpose is usually
sexual activity Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone (e.g., masturbation) ...
. The generally recognized basis for permitting such visits in modern times is to preserve family bonds and increase the chances of success for a prisoner's eventual return to ordinary life after release from prison. They also provide an incentive for inmates to comply with the various day-to-day rules and regulations of the prison. Conjugal visits usually take place in designated rooms or a structure provided for that purpose, such as a trailer or a small cabin. Supplies such as soap, condoms, lubricant, bed linens, and towels may be provided.


Country


Australia

In Australia, conjugal visits are permitted in the Australian Capital Territory and Victoria. Other jurisdictions, including Western Australia and Queensland, do not permit conjugal visits.


Brazil

In
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, male prisoners are eligible to be granted conjugal visits for both heterosexual and homosexual relationships, while women's conjugal visits are tightly regulated, if granted at all.


Canada

In
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, all inmates in federal correctional facilities, with the exception of those on disciplinary restrictions or at risk for family violence, are permitted "private family visits" of up to 72 hours' duration once every two months. Eligible visitors, who may not themselves be prison inmates, are: spouse, or common-law partner of at least six months; children; parents;
foster parent Foster care is a system in which a minor has been placed into a ward, group home (residential child care community, treatment center, etc.), or private home of a state-certified caregiver, referred to as a "foster parent" or with a family memb ...
s; siblings; grandparents; and "persons with whom, in the opinion of the institutional head, the inmate has a close familial bond". Food is provided by the institution but paid for by the inmates and visitors, who are also responsible for cleaning the unit after the visit. Prison staff have regular contact with the inmate and visitors during a visit.


Czech Republic

In the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
, a prison warden has the authority to allow an inmate "a visit without visual and auditory supervision of the employees of the
Prison Service His Majesty's Prison Service (HMPS) is a part of HM Prison and Probation Service (formerly the National Offender Management Service), which is the part of His Majesty's Government charged with managing most of the prisons within England and Wale ...
". Inmate's medical check is required before such visit is permitted.


Denmark

In
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Danish Realm, Kingdom of Denmark ...
, conjugal visits are permissible.
The State Prison of East Jutland Enner Mark Prison (Danish: Enner Mark Fængsel), until February 2016 the State Prison of East Jutland (Danish: Statsfængslet Østjylland), is a modern and purpose-built closed prison in Denmark. It is the first since the establishment of the State ...
has apartments for couples, where inmates who have been sentenced to more than eight years in prison can have visitation for 47 hours per visit.


France

In
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, inmates are permitted conjugal visits. Visits last up to 72 hours and take place in mini-apartments consisting of two small rooms, a kitchen and a dining area.


Germany

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
allows prisoners and their spouses or partners to apply for conjugal visits. Those who are approved are allowed unsupervised visits so that prisoners can preserve intimate bonds with their partners. However, prisoners are searched before being allowed a visit. In 2010, an inmate murdered his girlfriend and attempted suicide during a visit, leading to additional criticism of the lax security in German prisons.


Hong Kong

Hong Kong does not permit conjugal visits.


India

In 2015, the Punjab and Haryana High Court held that the right of married convicts and jail inmates to have conjugal visits or artificial insemination for pregnancy was a fundamental right.


Ireland

Ireland does not allow conjugal visits.
Marie and Noel Murray Marie and Noel Murray were an anarchist married couple who were among the last people to be sentenced to death in the Republic of Ireland. The couple were convicted of capital murder and sentenced to death in June 1976 for the murder of Garda Mi ...
, an
anarchist Anarchism is a political philosophy and movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including, though not neces ...
married couple imprisoned for a 1976 murder, lost a 1991 appeal for conjugal rights. The
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled that the
Constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
right to beget children within marriage was suspended while a spouse was lawfully imprisoned.


Israel

The
Israel Prison Service Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
(IPS) allows standard conjugal visits to inmates who are married or are in a common-law relationship or if their partner has been visiting them frequently for at least two years, and have a record of good behavior. Inmates who receive prison furloughs are not eligible for conjugal visits. Conjugal visits can be withheld on security grounds or as a means of punishment for misbehavior. IPS guidelines were clarified in July 2013 to allow conjugal visits of same-sex partners.


Japan

In
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, conjugal visits are not allowed.


Mexico

Conjugal visits are a universal practice in Mexico, independent of a prisoner's marital status; in some correctional facilities entire families are allowed to live in prisons with their imprisoned relative for extended periods. Specifically in
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
, in July 2007, the prison system in that city has begun to allow gay prisoners to have conjugal visits from their partners, on the basis of a 2003 law which bans discrimination based on sexual orientation.


Netherlands

The Netherlands allows for one unsupervised visit (''Bezoek zonder Toezicht'') per month, provided the imprisonment period is at least six months and there is a close and durable relation between the partners. This does not apply to maximum security penitentiaries.


New Zealand

New Zealand does not permit conjugal visits.


Pakistan

In Pakistan, conjugal visits prior to 2009 were permitted only under special circumstances. In August 2009,
Federal Shariat Court The Federal Shariat Court (FSC) is a constitutional court of the Islamic Republic of Pakistan, which has the power to examine and determine whether the laws of the country comply with Sharia law. The court was established in 1980 during the gov ...
ruled that married prisoners should be allowed conjugal visits at the designated facilities within the jail complex and alternatively, they should be granted a short parole to visit their spouses. Following the ruling, the Province of
Sindh Sindh (; ; ur, , ; historically romanized as Sind) is one of the four provinces of Pakistan. Located in the southeastern region of the country, Sindh is the third-largest province of Pakistan by land area and the second-largest province ...
was the first to adopt legislation providing conjugal visits for married prisoners within Jail premises. Human Rights Book 2010 reports that Conjugal visits are now available for Prisoners in all Provinces and Federal territories if they are male and married. Since homosexuality is considered a criminal offense in Pakistan and same-sex marriage is not recognized by law, this privilege applies only to heterosexual couples.


Russia

In the
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
n penal system, since a campaign of prison reform that began in 2001, well-behaved prisoners are granted an eighteen-day holiday furlough from incarceration to see loved ones. Prisoners also get extended on-site family visits, approximately once per month.


Spain

In
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
, prisoners are allowed conjugal visits every four to eight weeks. They are held in private rooms and can last up to three hours. Couples are provided with condoms, shower facilities, and clean towels.


Turkey

Since April 2013, the Turkish General Directorate of Prisons and Detention offers conjugal visits as a reward to well-behaved prisoners.


United Kingdom

The
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
,
Welsh Welsh may refer to: Related to Wales * Welsh, referring or related to Wales * Welsh language, a Brittonic Celtic language spoken in Wales * Welsh people People * Welsh (surname) * Sometimes used as a synonym for the ancient Britons (Celtic peop ...
,
Scottish Scottish usually refers to something of, from, or related to Scotland, including: *Scottish Gaelic, a Celtic Goidelic language of the Indo-European language family native to Scotland *Scottish English *Scottish national identity, the Scottish ide ...
and
Northern Irish Northern Irish people is a demonym for all people born in Northern Ireland or people who are entitled to reside in Northern Ireland without any restriction on their period of residence. Most Northern Irish people either identify as Northern ...
prison systems do not allow conjugal visits. However, home visits, with a greater emphasis on building other links with the outside world to which the prisoner will be returned, are allowed. These home visits are usually only granted to prisoners who have a few weeks to a few months remaining of a long sentence. Furthermore, home visits are more likely to be granted if the prisoner is deemed to have a low risk of absconding (i.e. prisoners being held in
open prison An open prison (open jail) is any jail in which the prisoners are trusted to complete sentences with minimal supervision and perimeter security and are often not locked up in their prison cells. Prisoners may be permitted to take up employment w ...
s have a better chance of being granted home visits than prisoners being held in closed conditions).


United States

The first state to implement conjugal visits was Mississippi in the
Mississippi State Penitentiary Mississippi State Penitentiary (MSP), also known as Parchman Farm, is a maximum-security prison farm located in unincorporated Sunflower County, Mississippi, in the Mississippi Delta region. Occupying about of land, This was done unofficially at first, but had become official policy at Parchman Penitentiary by the 1950s. In ''Lyons v. Gilligan'' (1974), the United States District Court for the Northern District of Ohio held that prisoners have no federal constitutional right to conjugal visits with their spouses during sentences. As of 2008, conjugal visitation programs are now known as the extended-family visits or family-reunion visits because mothers, fathers, and other family members may attend these visits. The focus is on family ties and rehabilitation.


Federal prisons

The
United States Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...
does not allow conjugal visits for prisoners in federal custody.


State prisons

For prisoners in state custody, the availability of conjugal visits is governed by the law of the particular state. The four states that currently allow conjugal visits are California, Connecticut, New York, and Washington. Where conjugal visits are allowed, inmates must meet certain requirements to qualify for this privilege: The visitor may be required to undergo a background check, and the inmate must also be free of any
sexually transmitted disease Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and oral ...
s. As a matter of procedure, both visitor and inmate are searched before and after the visit, to ensure that the visitor has not attempted to smuggle any items into or out of the facility.
Jorja Leap Jorja Leap is an American anthropologist and adjunct professor in the social welfare department at the University of California, Los Angeles (UCLA). She is also Director of the Health and Social Justice Partnership at UCLA and is a nationally reco ...
, a professor of social welfare at the
Luskin School of Public Affairs The UCLA Meyer and Renee Luskin School of Public Affairs, commonly known as the UCLA Luskin School of Public Affairs, is the public affairs/public service graduate school at the University of California, Los Angeles. The school consists of three ...
at the
University of California, Los Angeles The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California St ...
stated that criminologists believe allowing conjugal visits would build family ties and reduce recidivism. Over the last 40 years, most new prisons included special buildings specifically designed for conjugal visits. By the early 1990s, 17 states had conjugal programs. According to Leap, conjugal visits declined after an increase in attitudes that prison should be a place for punishment and that conjugal visits were not appropriate for people being punished, and also because academic literature in the 1980s and 1990s argued that it was not possible to rehabilitate some criminals. Many states that once allowed conjugal visits have since eliminated the programs. In April 2011, New York adopted legislation to allow family visits for married partners. In January 2014, the head of the
Mississippi Department of Corrections The Mississippi Department of Corrections (MDOC) is a state agency of Mississippi that operates prisons. It has its headquarters in Jackson. Burl Cain is the commissioner. History In 1843 a penitentiary in four city squares in central Jackson ...
, Chris Epps, terminated the state conjugal program. New Mexico announced it was also ending its program in May 2014. In June 2007, the
California Department of Corrections The California Department of Corrections and Rehabilitation (CDCR) is the penal law enforcement agency of the government of California responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacrame ...
announced it would allow same-sex conjugal visits. The policy was enacted to comply with a 2005 state law requiring state agencies to give the same rights to domestic partners that heterosexual couples receive. The new rules allow for visits only by registered married same sex couples or domestic partners who are not themselves incarcerated. Further, the same-sex marriage or domestic partnership must have been established before the prisoner was incarcerated.


See also

* Same-sex conjugal visit, in the article
LGBT people in prison Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available dat ...
*
Relationships for incarcerated individuals Relationships of incarcerated individuals are the familial and romantic relations of individuals in prisons or jails. Although the population of incarcerated men and women is considered quite high in many countries, there is relatively little resea ...


References


Further reading

* {{DEFAULTSORT:Conjugal Visit Human sexuality Penal imprisonment Prison sexuality