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

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  •  I'm not Robyn (1+ / 0-)
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    Cthulhu

    but here's a simple, cut-and-dried rule: people should be sorted by hormones. For the vast majority of the prison population, this makes sorting by genitalia just fine, but if a prisoner has been on cross-sex hormone treatment for some significant amount of time (I'd suggest 6 months after reaching normal hormone levels for their gender of identification), they should be sorted into the gendered unit that matches their hormones. You can do blood testing to verify this at booking, and for those who start treatment while in prison it's fairly easy to verify and set a date for transfer.

    Staying in the reassigned unit is, of course, conditional on compliance with treatment. Keep in mind that hormone treatment for trans women includes (essentially) chemical castration; anyone who tried to abuse the rule for access to women would find himself sorely disappointed.

    As for your rape concerns: I pointed out somewhere in this thread that a penis isn't required for rape. Most trans women's penises wouldn't function very well for that purpose anyway, even if they had any interest in it. Complaints of rape against trans women should be handled in exactly the way as complaints of rape against cis women, who occasionally rape other women in prison.

    And pregnancy isn't an issue for the women. HRT for trans women renders them permanently infertile quite early; they won't be impregnating anyone. Pregnancy in trans men is a slight concern, but after 6 months or so it's very very slight.

    "Let’s just move on, treat everybody with firmness, fairness, dignity, compassion and respect. Let’s be Marines." - Sgt. Maj Michael Barrett on DADT repeal

    by kyril on Wed Aug 24, 2011 at 09:04:03 AM PDT

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    •  Yes, thanks (1+ / 0-)
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      kyril

      I inferred your argument from a post you made earlier (but is below).  I think its a very good argument -- in fact, I think it forms the basis of a colorable constitutional challenge, and, failing that it forms the basis of an excellent policy proposal.

      As for whether a transwoman can impregnate a woman, my understanding of transsexuality (which, admittedly, is limited), is that the term transsexual should properly be applied to any person who identifies themselves as such -- and thus, may include someone before they have had hormonal replacement therapy or has been chemically castrated.

      If we define transsexual more narrowly (ie, hormonally, as you describe in this post), then the sorting becomes easier, but it does create the problem that transmen will be placed in extreme eopardy of rape.

       

      •  It does (1+ / 0-)
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        Cthulhu

        but this is where the "we need to fix the problem of rape in men's prisons" comes in.

        Thanks for the discussion :)

        "Let’s just move on, treat everybody with firmness, fairness, dignity, compassion and respect. Let’s be Marines." - Sgt. Maj Michael Barrett on DADT repeal

        by kyril on Wed Aug 24, 2011 at 04:12:17 PM PDT

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