British Court Allows Transsexual to be Transferred to Women's Prison

[rockin'robin]

LONDON — A British court issued a landmark ruling Friday, allowing a transsexual prisoner serving life for manslaughter and attempted rape to be transferred to a women's prison.

High Court Deputy Judge David Elvin said the refusal of Justice Secretary Jack Straw and the prison authorities to transfer the 27-year-old was a violation of her human rights.

The prisoner, who began gender reassignment treatment years ago to become a woman, was not named to protect her identity.

Keeping her in a male prison "effectively bars her ability to qualify for surgery, which interferes with her personal autonomy in a manner which goes beyond that which imprisonment is intended to do," Elvin said.

The prisoner's lawyer, Phillippa Kaufmann, said she would be transferred in the coming weeks.

Although born a man, she began the process of gender reassignment while in prison. In 2006, she obtained a legal acknowledgment that she should be recognized as a woman.

The prisoner, who was then a man, was originally sentenced to five years for manslaughter in 2001 after strangling his boyfriend to death.

Days after his release, he tried to rape a female shopkeeper and was sentenced to life.

The judge said the prisoner had been diagnosed with gender dysphoria and had been aware of her condition from an early age.

In evidence presented for the hearing, she said she had always felt like a woman.

"For me it is simply a reflection of how it should have been from the start," she said, adding she hoped to have surgery soon to remove her penis.

She has adopted a female name, had facial and body hair permanently removed and developed breasts after hormone treatment.

Elvin said she looks "convincingly" like a woman, although she has been prevented from wearing skirts and other items in the male prison.

British Court Allows Transsexual to Be Transferred to Women's Prison - International News | News of the World | Middle East News | Europe News - FOXNews.com

 

[Maria]

Transferred to a "female" prison ? I disagree, no matter if she is transexual or not. She should stay in a "male" prison. Period.

 

[shel90]

She changed to a woman, therefore she is a woman and a women's detention center is where she belongs.

 

[Grummer]

it makes sense, a tranny thinks, behaves like a woman, moreso chances are in male prison she would get beaten up, raped, or worse...jails are a horrible place to be with all the homophobic, people having violent reactions to 'differences'... its about time they are to be recongised as 'female' as you see, (im not sure how many havent research- cant be bothered tbh) but a terrific amount of trans have identity crisis as more severe than gay people would have, perhap its due to the 'wanting to biologically switch AND to switch gender roles/expectation of the 'normal' society. In other words trannys dont really behave like lesbians or share tastes, they tend to 'chase' traditional feminine values (ok some lezzies are feminines but for sake of arguement ..ok?) so they are burden twofold against normative society's ways. To easen that, it a good idea to help them accommodate into womens prison, it must be traumatic for them to be in a more physically violent prison representing males' domain.

 

[Foxrac]

Transferred to a "female" prison ? I disagree, no matter if she is transexual or not. She should stay in a "male" prison. Period.

It's not safe for transgender, convert from male to female in male prison because they can face rape or attack from male prisoner, that's not cool when you say like that.

 

[rockin'robin]

It's a hard call for me!....He/she still has a penis.

And he/she did attempt to rape a woman....

The old saying...."what's good for the goose is good for the gander."

He/she is probably and most likely, is gonna get beat up, raped, etc., no matter where he/she is placed. Seems they should have cells for transgenders? Keep them together, away from the rest of the prison population?

 

[Maria]

It's not safe for transgender, convert from male to female in male prison because they can face rape or attack from male prisoner, that's not cool when you say like that.

Oh, well ... that person shouldn't have chose to change his/her sex for his/her preference. If, that person was born a male, then he should go to the male prison, no matter if, he changes to a female. I am counting the ORIGINAL sex that comes with birth... NOT after the sex-change.

 

[Steel X]

From what I hear...male prisons are alot worse than female prisons...more violence and such, so it's actually no surprise at this part.

 

[sallylou]

Who made you teh gender police, Maria?

 

[jillio]

Oh, well ... that person shouldn't have chose to change his/her sex for his/her preference. If, that person was born a male, then he should go to the male prison, no matter if, he changes to a female. I am counting the ORIGINAL sex that comes with birth... NOT after the sex-change.

We are talking gender, not sex. Two entirely different concepts.

Are you actually saying that a person who is physically a female should be incarcerated in a male prison?

 

[Foxrac]

Oh, well ... that person shouldn't have chose to change his/her sex for his/her preference. If, that person was born a male, then he should go to the male prison, no matter if, he changes to a female. I am counting the ORIGINAL sex that comes with birth... NOT after the sex-change.

It's LEGAL to change the gender (transsexual) if you choose to do.

Hate to say, you are really don't understand about how prison works in different gender so I'm not going waste of my time to explain because you never get it.

You are totally heartless about transsexual woman (with boob and vagina) got attacked and rape to death in male prison, that's not nice.

Jillio made valid point.

 

[rockin'robin]

He/she was convicted of attempted rape upon a woman and sentenced to life.

He/she still has a penis. The surgery is not complete.

I don't understand something here!....If "he" claims to be a woman, then "why" did he attempt to rape a woman?

Only after "he" was sent to prison, did he claim to be a woman.....Transgenders confuse me at times!

I can understand someone being born a man but want to be a woman, and have surgery to do this. It's their bodies, their right.

But.....he was born a "man"...and tried to rape a woman....and since he has a penis, he would complete the rape the way a man does!

So they are gonna put "him" into the women's prison since he has boobs...but still has a penis?....If "he" tries to rape a woman in prison, will they send him back to the "male" population?

 

[CJB]

I don't understand something here!....If "he" claims to be a woman, then "why" did he attempt to rape a woman?

Just because she tried to rape a woman doesn't mean she doesn't identify as a woman. Rape isn't about sexuality or gender identity. Rape happens independent of either of those.

 

[jillio]

He/she was convicted of attempted rape upon a woman and sentenced to life.

He/she still has a penis. The surgery is not complete.

I don't understand something here!....If "he" claims to be a woman, then "why" did he attempt to rape a woman?

Only after "he" was sent to prison, did he claim to be a woman.....Transgenders confuse me at times!

I can understand someone being born a man but want to be a woman, and have surgery to do this. It's their bodies, their right.

But.....he was born a "man"...and tried to rape a woman....and since he has a penis, he would complete the rape the way a man does!

So they are gonna put "him" into the women's prison since he has boobs...but still has a penis?....If "he" tries to rape a woman in prison, will they send him back to the "male" population?

This individual is not a transgender. She is a pre-operative transexual. There is a big difference.

You don't have details of the "rape". A penis is not the only weapon used in the crime of rape.

 

[CJB]

This individual is not a transgender. She is a pre-operative transexual. There is a big difference.

You don't have details of the "rape". A penis is not the only weapon used in the crime of rape.

Excellent point jillio.

 

[jillio]

Excellent point jillio.

Valid points you made regarding the nature of rape, as well.

 

[Maria]

He/she was convicted of attempted rape upon a woman and sentenced to life.

He/she still has a penis. The surgery is not complete.

I don't understand something here!....If "he" claims to be a woman, then "why" did he attempt to rape a woman?

Only after "he" was sent to prison, did he claim to be a woman.....Transgenders confuse me at times!

I can understand someone being born a man but want to be a woman, and have surgery to do this. It's their bodies, their right.

But.....he was born a "man"...and tried to rape a woman....and since he has a penis, he would complete the rape the way a man does!

So they are gonna put "him" into the women's prison since he has boobs...but still has a penis?....If "he" tries to rape a woman in prison, will they send him back to the "male" population?

I can see that there's no common sense ground in the article. I agree with you about penis part is still there in despite if he feels/acts like a female. It's still a "he" and he should be sending to the male prison. Period. That's my perspective. If, a doctor removed his penis and make a vagina in there, then it will be a different story. In female prison, ALL women have their own vaginas and should stay the same with each other goin' in that female prison, but that transexual man who is a woman... gee, he still has a penis in there and there's NO WAY he should be sending to the female prison. He should stay in male prison. I don't care if, he has 2 boobs or not..... boobs don't rape, but penis does.

 

[Maria]

It's LEGAL to change the gender (transsexual) if you choose to do.

Hate to say, you are really don't understand about how prison works in different gender so I'm not going waste of my time to explain because you never get it.

Sad to say, it's you that don't get it. You don't view the same as I do.

You are totally heartless about transsexual woman (with boob and vagina) got attacked and rape to death in male prison, that's not nice.

Jillio made valid point.

Totally heartless ? Gee, I DO have the heart to care about people in real life. One of my uncles who is homosexual and even, one of my aunts who is a lesbian -- so, don't tell me that I am totally heartless or don't get it.

 

[CJB]

I can see that there's no common sense ground in the article. I agree with you about penis part is still there in despite if he feels/acts like a female. It's still a "he" and he should be sending to the male prison. Period. That's my perspective. If, a doctor removed his penis and make a vagina in there, then it will be a different story. In female prison, ALL women have their own vaginas and should stay the same with each other goin' in that female prison, but that transexual man who is a woman... gee, he still has a penis in there and there's NO WAY he should be sending to the female prison. He should stay in male prison. I don't care if, he has 2 boobs or not..... boobs don't rape, but penis does.

Two problems here, Maria.

1) Genitals don't define gender. Even if she has a penis, if she feels female, she probably acts and interacts socially in a feminine way. Therefore she probably feels more in place surrounded by other women, in other words, other people that identify closer to her in terms of gender.

2) Rape isn't dependent on having a penis. Rape can happen, penis or no penis. And having a penis doesn't determine whether or not rape will happen. "Penis" and "rape" are two independent factors.

 

[jillio]

I can see that there's no common sense ground in the article. I agree with you about penis part is still there in despite if he feels/acts like a female. It's still a "he" and he should be sending to the male prison. Period. That's my perspective. If, a doctor removed his penis and make a vagina in there, then it will be a different story. In female prison, ALL women have their own vaginas and should stay the same with each other goin' in that female prison, but that transexual man who is a woman... gee, he still has a penis in there and there's NO WAY he should be sending to the female prison. He should stay in male prison. I don't care if, he has 2 boobs or not..... boobs don't rape, but penis does.

And he is pre-surgical transexual? Do you have any idea what that means, or how that staus is achieved?

Female on female rape is rampant in women's prisons. If you think a penis is the only thing that can be used to rape, you are sadly mistaken.