LGBT People in Prison - Transgender Issues (in The USA)

Transgender Issues (in The USA)

Transgender prisoners are especially vulnerable in US prisons due to a general policy of housing them according to their birth-assigned gender, regardless of their current appearance or gender identity. Even transgender women with breasts may be locked up with men, leaving them vulnerable to violence and sexual assault, as occurred with the case of Dee Farmer, a pre-operative transsexual woman with breast implants, who was raped when she was housed in a men's prison. Transgender men housed in women's prisons also face abuse, often more from guards than other inmates. Harsh harassment and rejection are common forms of abuse toward inmates where gender/sexuality is unclear or does not conform to traditional expectations.

In 2010 it was reported that Italy was to open its first transgender prison at Pozzale, a decision welcomed by gay rights groups.

Transgender and intersex individuals are not only socially and culturally outcast, but are also systematically ostracized via legislation and law. For example, transgender women who try to gain entry into female prisons may be deterred from doing so by threat of removal of reproductive organs (usually testicles). This option may not even be viable until they have undergone a long and strenuous process of medical appointments, psychological evaluations, drug testing, etc. One trans woman was forced to dress as a man during visitation with her children because the court system deemed that it would confuse the children. This constant legal struggle not only adds more complexities to the inmate's life but may greatly affect the home life of an inmate's family, as the justice system forces the inmate to portray him or herself as something other than how they and family members may see themselves.

Trans people encounter a disproportionate level of violence in prison, particularly sexual violence. Many incarcerated trans people are not receiving the medical treatment that they were prior to being in prison. Most are denied hormonal treatment, even if prescribed prior to incarceration. One study noted that none of the prisons involved in the study were even equipped to handle the needs of transgender prisoners.

Some organizations that used to focus on women's issues have expanded to include transgender people and gender non-conforming people in their work. While many are seeking resources to support transgender prisoners (such as the bill mentioned in “Transgender Prisoners: A Critical Analysis of Queensland Corrective Services' New Procedure"), much work remains to be done. This particular bill has shown to be largely ineffective.

Others have pointed out how certain actions can and do improve the lives of trans prisoners, such as “Transitioning Our Prisons Toward Affirmative Law: Examining the Impact of Gender Classification Policies on U.S. Transgender Prisoners” and “The Treatment of Transgender Prisoners, Not Just an American Problem – A Comparative Analysis of American, Australian, and Canadian Prison Policies Concerning the Treatment of Transgender Prisoners and a ‘Universal’ Recommendation To Improve Treatment." The premise for both of these papers is that individuals should always be addressed and placed based on gender identity than on their genitalia.

An important factor to take into account with work about transgender people in prison is the demographic patterns within the transgender population of incarceration, including ethnicity and gender. The National Transgender Discrimination Survey found that 35% of black transgender people have been incarcerated simply due to anti-trans bias, compared to 4% of white respondents. Black transgender people had higher rates of experiences of incarceration in general (47% compared to 12% of white transgender people). It also found that black trans women were sexually assaulted in jail at a rate of 38%, compared to 12% of white trans women prisoners.

In 2002 Dean Spade, a transgender lawyer, founded the Sylvia Rivera Law Project, a project which provides free legal services to 'low-income transgender, intersex, and gender non-conforming people' and uses education to end institutional discrimination against transgender people. It runs the Prison Rights Project, which 'supports low income transgender people and transgender people of color involuntarily held in prison, jail, lock-up and immigration detention obtain life-sustaining services'.