Transgender girls who had been born as males can legally be positioned in female-only prisons in England and Wales, the High Court has dominated.
A lawsuit put ahead by a feminine inmate, known as FDJ, argued that Britain’s coverage of permitting trans inmates to be housed in girls’s prisons — no matter whether or not they have been legally recognised as girls or have had any gender reassignment surgical procedure — exposes feminine inmates to a better threat of being sexually assaulted whereas in jail.
The feminine inmate alleged that she was sexually assaulted by a transgender prisoner who had beforehand been convicted of sexual assault and due to this fact argued that the Ministry of Justice’s trans-prison coverage was endangering organic girls, the BBC reported.
The MoJ mentioned that the intention of the coverage is to facilitate “the rights of transgender people to live in and as their acquired gender (and) protecting transgender people’s mental and physical health.”
While Lord Justice Holroyd accepted that which confirmed that statistically, the chance of trans prisoners being convicted of sexual offences was “substantially higher” than natural-born feminine or male prisoners, he argued that it was a “misuse of the statistics, which… are so low in number, and so lacking in detail, that they are an unsafe basis for general conclusions.”
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Justice Holroyd mentioned that whereas he “fully understood” the considerations of the claimant and of different feminine prisoners if they’re imprisoned alongside inmates with male sexual organs, the rights of trans inmates also needs to be thought of.
“The unconditional introduction of a transgender woman into the general population of a women’s prison carries a statistically greater risk of sexual assault upon non-transgender prisoners than would be the case if a non-transgender woman were introduced,” the decide admitted.
“However, the policies require a careful, case by case assessment of the risks and of the ways in which the risks should be managed,” he added.
“Properly applied, that assessment has the result that non-transgender prisoners only have contact with transgender prisoners when it is safe for them to do so.”
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The ruling additionally revealed that between 2016 and 2019, there have been 97 sexual assaults recorded in feminine prisons. Of these assaults, seven had been dedicated by trans inmates who weren’t granted a gender recognition certificates. It was not revealed if any of the assaults had been dedicated by trans inmates who legally modified their gender.
While the United Kingdom opened its first transgender prisoner wing in a girls’s jail in Downview in 2019, there are nonetheless trans inmates being positioned amongst biologically feminine jail populations.
In 2015, the then-President of the British Association of Gender Identity Specialists, Dr James Barrett, warned the British Parliament that there is a “plethora of prison intelligence suggesting” that the “driving force” behind male sexual offenders figuring out as feminine was in order to “make subsequent sexual offending very much easier”.
In a notable case of transgender sexual violence in feminine prisons, convicted rapist Karen White, born Stephen Wood, was convicted of sexually assaulting a number of feminine inmates after being transferred to a girls’s jail on claiming to be transgender.
In one other instance, a double rapist, Martin Ponting, later recognized as Jessica Winfield, was pressured into isolation after reportedly sexually harassing feminine inmates on the Bronzefield girls’s jail.
In response to the High Court ruling this week, the Ministry of Justice mentioned: “We are pleased the court agrees that the way we manage transgender offenders strikes the right balance between protecting their legal rights and ensuring the safety of all prisoners.”
The feminine inmate who introduced the case ahead, FDJ, mentioned that she was upset by the ruling, saying: “By bringing this challenge, I did not seek to prevent trans women in prison from living in dignity or to exclude all trans women from women’s prisons. However, I feel that trans women who have a history of violence and sexual offending against women should not be in a situation where they can put our safety at risk.”
Britain’s Secretary of State for Justice is Robert Buckland MP, of Boris Johnson’s notionally conservative Tory celebration.
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