LGBT inmates face unusually high risk of sexual assault in prison

[Lisbeth]

I have asked many times the question from people in different states. All say that post-op go to female prison. Why TX is different?

Why does Texas execute more prisoners than the next five states put together?

[tekla]

Texas is meaner.  Leads the nation in executions.

[lisagurl]

[tekla]

More correctly its called "Federalism" the idea that some powers are given to the national government, while others are reserved for the states.  Who gets what powers has lead to about 200+ years of arguing and a very bloody Civil War.

If you are found guilty of a state crime, you go to a state pen, if you are guilty of a federal crime, you do federal time.  The differences are huge.  First off, there is no parole, or time off for good behavior in the federal system, and though many federal prisons are called 'country clubs' others like the Super-Max in Colorado or the one in Marion Ill. are pretty foreboding.

Other areas are still touchy, gun laws (some states like New York, its all but impossible to get one, other states, you can walk in off the streets and walk out with an arsenal.  Drug laws are another, in Texas, which seems to be the running example, The possession of up to a pound of marijuana (this includes very minor amounts) will generally carry a sentence of 6 months to 2 years in a state jail and a $2,000 - $10,000 fine.   Other places, have decriminalized small amount, other have open marijuana sales if you have a medical card.  Card or no, its all but impossible to get busted for puffing in SF unless you blow the smoke in the cops face, and even then...

So, a lot depends on where you are, what you are charged with (and you are not going to walk easy on any sex charge that involves a minor anywhere) and, of course, how good your lawyer is.

And, I think you are referring to the case of Christie Lee Cavazos Littleton.

[Lisbeth]

I came across a case in TX of a post-op transwoman who was filing a wrongful death suit for the death of her husband.  (It may have even been posted by the News Staff here.  I can't really remember but if it wasn't I will try to find a link to it.)  The judge said that because her legal gender was male (despite full SRS), she was not legally married.  And, since she wasn't legally married, she had no grounds to file a wrongful death suit.

The Littleton case established the precident on which current Texas law is based. It's curious how legislating from the bench is ok as long as the judge is a good Republican. Prior to the Littleton case, Texas was in line with most of the other states and recognized gender change with proper documentation.

[lisagurl]

TX does not allow you to change your gender marker.

That depends on the county, lawyer and judge. There are MTF born in Texas that not only have their name and gender marker changed but are also legally married in Texas. Money talks some people walk.

[tekla]

legislating from the bench is ok as long as I agree with the verdict.

[goingdown]

And I asked some time ago from an paralegal with transexperience will the Littleton case affect TX-prison placement. And she answered that probably not. It would create huge amount of civil right litigation. Why the cases are not brought to court (post-op placed male-prisons). According the paralegal there are federal laws that could be interpreted to be broken, even constitution in this kind of policy. 

[goingdown]

For example execution by stoning cannot be a state right.

[tekla]

Well precedent could be used to move the finding of one case to another, however, as with anything in the legal system, you have to have someone good enough to make the case, and the right kind of case to apply it to. 

And sure they could stone people, I'm sure that would get a suit about 'cruel and unusual punishment' right quick, and they are unlikely to do that having approved (ones where precedent has been set) methods including: lethal injection, hanging, firing squad, electrocution - see Florida where they even have a pet name for the chair, 'Old Sparky' - and poison gas.  Each state is free to pick its favorite, at least for the states that have capital punishment, which is not all of them.

[goingdown]

Pre-op hormone treatment cases have ven brought to state and federal courts some with success. I think that placing an inmate who has external female genitals with male would make a good case.

[goingdown]

I can however find one argument: Losing the case would be too dangerous and give example to other states.

[tekla]

Court systems are over-run with prisoner rights cases, most filed by people from jail, most tossed without comment.  I would think right now, given what is going on in the US, prisoner rights is about #48 on the list of the top 10 things we are worried about, or interested in working on.  In terms of 'T' issues I doubt that it ranks that high either.  The most pressing police problems of the 'T' community seem to focus on the local level and TG persons involved in the sex industry, and the housing of such people on the local level for much smaller amounts of time.   

[goingdown]

She was also intersexed activist and let me understood that transcommunity should take all transsexuals again as it concern.  Not sell some out for political acceptance. Otherwise most states will place post-ops in the future with male.

[tekla]

That all gender issues are a concern, does not mean they can't be ranked in order of both # of people affected (in this case, very few) and ability to solve the problem (in this case, very low) and that limited resources should be applied to the problems that affect the most people and have a fairly easy solution.

And, in the States, and I'm sure other cultures have some sort of similar idea, the old adage is that If you can't do the time, don't do the crime.  There is not a lot of sympathy for prisoners in the first place, and as you've seen, even less for one who has some sort of sexual abuse of a minor charge against them. 

[goingdown]

For example in my country the prison system says: Nobody who has been born as male will not be accepped to women's prison. However we have a law about juridical sex change that will say the last word in case genital surgery is done. Somebody just have to get a charge and make an appeal. Then it is generally believed that the so called official opinion changes.

[tekla]

Then go to jail in your country.  I'm sure that no one enjoys their stay with the State of California, I'm pretty sure they try to make it that way too.

[Lisbeth]

I can however find one argument: Losing the case would be too dangerous and give example to other states.

This is what happened with the Littleton case. Nebraska went down right after Texas and Ohio wasn't far behind.

[goingdown]

Many women have a good time in two prisons of Chowchilla. They are only humane prisons in California. And they have quit good conditions there.

[cindybc]

Thank God that law has changed in Canada. Any person forcing themselves on another against the others consent is considered rape and you are charged as such regardless whether you are female or male. The biggest problem is what red blooded male will admit to being raped by a woman. It took me twenty five years before I got the nerve to bring it up to my psychiatrist. Thus you would seldom hear of a female perpetrator being charged of a sexual offence against a man, but it happens.

Cindy