General Discussions > Gender Studies

When do we place a male-bodied inmate in a women's prison?

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suzifrommd:
This came up in a thread about another topic and rather than derailing it, I'm moving the discussion here.

A male-bodied person is convicted and sentenced to prison. They announce they are transgender and wish to transition. They ask to be put in a women's prison.

Do we let them? Or do we subject them to some sort of test?

If we let them, are we opening the door to letting into women's prison all sorts of mentwith all sorts of motives (looking to avoid the brutality of men's prison? Looking to commit sexual assault? Or maybe, really trans...). If we apply some sort of test, aren't we giving gatekeepers power over someone's transition, something many of us find abhorrent?

What should the policy be?

Missy~rmdlm:
I really didn't think that was up for debate in the US justice system. If we are purely supposing the future it's not something I would support. The challenge consistently remains to get medical care period, and jail placement is based anatomically. The numerous non-ops that have legally changed their gender prior to a conviction will be in court about that sooner or later.

Devlyn:

--- Quote from: suzifrommd on December 10, 2014, 08:53:15 am ---This came up in a thread about another topic and rather than derailing it, I'm moving the discussion here.

A male-bodied person is convicted and sentenced to prison. They announce they are transgender and wish to transition. They ask to be put in a women's prison.

Do we let them? Or do we subject them to some sort of test?

If we let them, are we opening the door to letting into women's prison all sorts of mentwith all sorts of motives (looking to avoid the brutality of men's prison? Looking to commit sexual assault? Or maybe, really trans...). If we apply some sort of test, aren't we giving gatekeepers power over someone's transition, something many of us find abhorrent?

What should the policy be?

--- End quote ---

First, thanks for breaking this out of the other topic, Suzi.

This is tough. Someone who has lived male, got in trouble as a man, then announces that they're transgender after sentencing certainly may not be as straightforward as it looks. I think it's a slightly different situation than the Pvt. Manning discussion, I recall she identified as transgender before sentencing, and had engaged in at least crossdressing or presenting as female earlier.

Regarding a test, if they come up with that you can bet it will be selling like hotcakes here! :) Seriously, though, is there anyone here that would like taking a test to prove that they are who they say they are?

awilliams1701:
I hope I never need to put myself into a situation where I find out.

JustASeq:

--- Quote from: Missy~rmdlm on December 10, 2014, 09:12:46 am ---The numerous non-ops that have legally changed their gender prior to a conviction will be in court about that sooner or later.

--- End quote ---
Filing a class action lawsuit against the state for cruel and unusual punishment I presume.

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