Post 2: Trans Women in Men’s Prisons & Jails
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Why do trans women end up in men’s prisons or jails?
I think that it is important to know why trans women end up in men’s prisons. As Mary K. Stohr discuss most prisons and jails separate prisoners based on their birth sex or genitalia. Further, Stohr states that this becomes a problem because it creates an invisible war on trans women who are incarcerated in men’s prison. For example, is assume that if a trans woman is placed in a men’s facility, they are not going to suffer any violence. However, there has been research and real-life account that shows that is not true.
While trans women are incarcerated, they face discrimination, harassment, and abuse. They encounter the different form of violence from guards and other prisoners. Stohr state that staff from the facility also engage in sexual assaults and is most likely to happen when they are doing body searches (124). The example shows that guards abuse their power when they are dealing with trans women. Rape is the most common form of violence that trans women experience. As Peek describe it, there is a hierarchy in prison which rank prisoners by their “fighting abilities and manliness.” The hierarchy allows for trans women to be rape since they will be at the bottom. Furthermore, while incarcerated trans women also get called by the wrong pronouns or by the name they do not identify.
Further, incarcerated trans women have less access to certain options. Which can include counseling services, continuing hormone therapy or getting access to hormone therapy, sex reassignment surgery, or changing their legal name (Routh et al. 645). Furthermore, when they are incarcerated they also have a problem to change their legal name. Victoria Law states that in New York, prisoners are not allowed to have their birth certificate (2017). This is a problem because a birth certificate is needed for a name change. However, they can obtain a copy, but that will be an additional fee with the filing fee that many cannot afford.
Sources:
Law, Victoria. “Trans People in Prison Fight Barriers to Changing Their Legal Names and Gender Markers.” Prison Legal New: Dedicated to Protecting Human Rights. 18 July 2017. Web. 29. 2017.
Peek, Christine. “Breaking Out of the Prison Hierarchy: Transgender Prisoners, Rape, and the Eighth Amendment.” Santa Clara Law Review vol.44, 2004. Web. 29 Nov. 2017.
Routh, Douglass, Gassan Abess, David Makin, Mary K. Stohr, Craig Hemmens, Jihye Yoo. “Transgender Inmates in Prisons: A Review of Applicable Statutes and Policies.” International Journal of Offender Therapy and Comparative Criminology, vol. 61 no, 6, 2017, pp. 645-666. Web. 29 Nov. 2017.
Stohr, Mary K. “The Hundred Years’ War: The Etiology and Status of Assaults on Transgender Women in Men’s Prisons.” Women & Criminal Justice, vol. 25 no.1-2, 2015, pp. 120-129. Web. 29 Nov. 2017.













