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Female Inmates Face Risks in Prisons as Biological Males Identify as "Female"
A new study by the nonprofit organization Independent Women has sounded the alarm over the practice of housing biological males who identify as female in female-only prisons. The report states that these inmates are disproportionately likely to have committed sexual offenses and pose physical and psychological risks to biological women.
According to the report, almost 75% of transgender prisoners have sex convictions, compared to less than 12% of the general male prison population. These inmates often argue that housing them in male-only prisons violate their rights under Equal Protection laws and claim they are being discriminated against on the basis of sex.
The study also highlights the risks faced by female inmates who are housed with biological males who identify as female. One former prisoner, Amie Ichikawa, shared her experiences of being housed with biological males in a California state prison. She stated that the laws are based on self-identification, and there is no requirement for physical attributes or a criminal history.
The report emphasizes that placing trans-identifying males, especially those with fully intact male genitalia or a history of violent sex crimes, in close quarters with female inmates risks a serious deprivation of the female’s rights. It is urging policymakers to address these concerns and prioritize the safety of female inmates.
Other proponents of housing transgender inmates in female-only prisons argue that it allows them to live in a safer environment, as they face sexual abuse in male-only prisons. However, critics point to cases of sexual assault of female inmates by transgender inmates who are biologically male and argue that their concerns are not being addressed.
The report is calling for a range of solutions, including amending the Prison Rape Elimination Act, clarifying that the Americans with Disabilities Act does not mandate ‘transition’ services or mixed-sex housing, and protecting female inmates’ rights to report abuse without retaliation.
