Where do trans prisoners go to prison? In this article I will explore the experiences of Transgender, Intersex and Nonbinary inmates in men’s and women’s prisons. In the process, I will explore the implications of the Gender Recognition Act 2004 for these inmates.
I will also discuss how the Gender Recognition Act is working to create a safe and supportive environment for them. This article may contain graphic information, but the information is not necessarily inflammatory.
Transgender inmates in men’s prisons
Many transgender inmates in men’s prison systems face mistreatment and other issues. Inmates have often been characterized as a “problematic population” and are blamed for the high level of in-prison disorder.
Many transgender prisoners also experience harassment and sexual violence. These situations are in direct violation of the rights provided under the Prison Reform and Equal Treatment Act (PREA).
Intersex inmates in women’s prisons
Many people are wondering, “Where do trans prisoners go in women’s prison?” It’s a legitimate question, as the Ministry of Justice has allowed male inmates who identify as female to be housed in female prisons.
In some jurisdictions, this is a mistake, however. The prisons typically house violent and dangerous inmates and the male inmates will need to live with the female prisoners.
Nonbinary inmates in women’s prisons
California prisons are home to nearly 250 nonbinary transgender women. As transgender women, they face a number of risks while in prison, including being raped, beaten, and even killed.
A new law signed by California Gov. Gavin Newsom last year allows transgender people in prison to choose between a men’s or a women’s facility. The law was designed to protect LGBTQ people in California prisons from the brutality that they face in men’s institutions.
Gender Recognition Act 2004
The Gender Recognition Act 2004 gives trans people the legal right to be recognized as their own gender. This certificate can be applied for if you have lived as a member of your desired sex for two years or more.
It is a valid proof of your chosen sex, and it gives you the legal right to live as your preferred sex for most purposes. However, a GRC does not change the sex of the person who has it, such as marriage.
A recent move by the Trump administration is reversing decades of policy on housing transgender people in prison. Formerly, the Obama administration recommended housing transgender people according to their gender identity,
but the current administration changed the policy to categorize prisoners based on biological sex. As a result, transgender people are more likely to be sexually assaulted or raped in prison, advocates say.