Should trans women be put in jail with men?Watch
This idea that they can suddenly decide to switch genders and thus jails seems dubious, not least because i wouldnt trust their motives for such things.
An awful lot of women in prison have suffered a rape or sexual abuse in their life locking them in a cell with somebody that still has a penis is inflicting extra punishment on them.
Pre op transwomen have raped and sexually assaulted women in prison
Perhaps if they still own a penis they should go to a transwing of a woman's prison and if they are post op they can be put in with other women. Its a matter of taking everyone's rights into consideration.
Certainly there is a strong incentive for anyone to move to a woman's prison as the conditions and dangers are a world away from a men's prison. You notice we never seem to read about trans men asking to be put into a men's prison.
If a woman was put into a male prison they would be raped and/ or tormented so why is it going to be any different for transgender women? Yes they have been sentenced for a reason but if there have been studies showing that this behaviour occurs towards them in those prisons they have a right not to be put in that prison. It would cause less risk for the person AND less lawsuits against the prison system. Times are changing, transgender women are classed as women, transgender men are classed as men. This is the way it should be. Put them in the right prison and they'll be less at risk from transphobia.
Of course, it might offend somebody if not. It's interesting that the idea of biological sex being a myth now seems to have infiltrated its way into such sensitive areas as jails - places well known for hardly being a bastion of sexual etiquette.
Maybe there can be sections in a prison where victims of sex crimes go and then the two would be separated? Or there could be a wing for transgender women but this would be seen as segregation. Either way, there will always be people discontent with the system.
Surely it makes more sense for the transwomen with a penis to go into a special women's wing as their numbers will be a lot smaller.
Perhaps then transwomen that have had downstairs surgery and no longer have a penis could go in with the general female population.
“Identity” is a vague and indefinite concept that it isn’t possible to make black and white rules for. For example, what do you do if someone identifies as neither a man nor a woman? What if they identify as both at once? What if their identity changes day by day? It’s a completely subjective issue. Whereas biological sex is objective, and it is possible to make rules based on this.
I think that sexual assault and rape in prison is a separate issue. If a trans-woman is sexually assaulted in a male prison, it’s easy to say in hindsight that they should have been placed in a female prison instead. But if they had been placed in a female prison, it could have just as easily been the case that they ended up assaulting women there.
Furthermore, sexual assault isn’t always “man on woman”. What do you do if a man rapes another man in prison? Do you transfer that victim to a women’s prison as well? What kind of prison do you put gay people in? Do you put them with the same sex, where they could assault others, or with the opposite sex, where they could be assaulted? What do you do with a bisexual person who could theoretically go and sexually assault anyone?
Segregation alone is not a solution to sexual assault and rape (or any other kind of violence for that matter). Ultimately, better discipline needs to be enforced in prisons, with harsh punishments for rule breakers and constant surveillance by prison guards upon those deemed at high risk of being involved in an incident.
However, where segregation does play its part, I would still say that a trans-woman should be placed in a male prison, because they are biologically male, with all the physical strength benefits that brings. On average, they would have a better chance of defending themselves from an attack by a man, than a woman would have of defending herself from an attack by them.
However, in this particular example I would think that post bottom surgery one should let transwomen into women's prisons.