Skip to main content

View Diary: A Prison Story: punished for being sexually assaulted (61 comments)

Comment Preferences

  •  OK, so what you are saying is that (0+ / 0-)

    the defining criteria for prisoner classification, in your ideal world, would be the liklihood of comiitting a sexual crime against another prisoner, or the likelihood of being a victim of a sexual crime.  

    I must say, that is a much better argument than sorting by the presence of a penis.   It might be a little bit difficult to implement, but in theory it would be more logical than merely sorting by genitals.

    It would also avoid the problem of shipping automatically transmen to male prisons -- which would be an even greater risk of rape than putting a transwoman in a male prison.   It would also avoid the problem of a homosexual transwoman raping another woman.

    It would not, however, solve the issue of consensual relations between a transwoman and a woman which might result in pregnancy.   However, it is at least a start for a legal argument.

    And that is why this is important.   If transmen and transwomen really are interested in prison reform, it will be necessary to come up with an argument which survives a "rational basis" challenge at the very least.   You need a legal hook -- something better than just "transwomen get raped" -- in order to have any chance of changing the system.

    Thank you (and the diarist) for the debate.   It has helped me greatly.  

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site