It happens with and without inmate consent. Florida has a zero tolerance against sex in prison, and views all of it as non conceptual. In male Florida prisons, if a person identifies as a female, they can be housed in protective custody.
Maybe I wasn't clear or maybe I'm misunderstanding your response; I was in no way intending to argue that prisons have a code of conduct handbook that says rape is ok.
I'm saying a reasonable person knows that you will be subject to forcible rape in prison. This, just in itself alone makes our prison system criminal on it's face. Criminal as in a criminal action by the state, a violation of our rights -- unless you were to argue forcible rape is not a cruel or unusual punishment. I doubt anyone would argue against that statement, but I'd be open to that discussion if you disagree.
So that is the foundation of the question I'm asking; why do we care that it's women to be raped now, when we've knowingly accepted men will be raped in prison, for decades?
It's intended to be a thought provoking, largely academic question. I say this because, well, we've obviously accepted this as a society -- myself included, and it's curious why we would do that. Why have I not spoken up and demanded change? Why aren't you speaking up, demanding change?
Me, I'm going to put some time on my calendar to give this some real thought and do something about it. Even if that something is just writing a letter. If you've got kids, just imagine one of them ending up in prison for a few years. People make mistakes, prison is supposed to be punishment, not torture.