Why are trans women still in female prisons?

HMP Downview US

by Joan Smith, UnHerd

In the first big test for new Justice Secretary David Lammy, it has been revealed that five trans women are being held in a women’s prison in Surrey, where they are able to mix with female prisoners. This flies in the face of the Supreme Court ruling from April, which establishes beyond doubt that trans women are male, not to mention a long-running campaign to get men out of the women’s estate.

So why are these men still in HMP Downview? Common sense dictates that men should be in men’s prisons, in a separate wing for trans women if it’s considered necessary for their safety. The fact that a segregated block for trans women opened at Downview as recently as 2019, instead of in the men’s estate, shows the blinkered attitudes that have pervaded the criminal justice system for years.

Female prisoners are among the most vulnerable women in the country. According to the domestic abuse commissioner, more than half of the women in prison or on probation (57%) are survivors of male violence. Many have suffered traumatic brain injuries. It’s hard to believe that anyone in positions of power ever imagined they should be locked up with men, in a situation where they can’t escape or defend themselves.

But that’s what’s happened — and is still happening. Shortages of staff mean there’s insufficient supervision of male prisoners when they are mixing with women at HMP Downview, according to the prison’s independent monitoring board. Most people will be aghast to learn that that’s what “segregation” means.

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