transprisonreform

[transprisonreform]

Prison Industrial Complex

A graph to help you picture the Prison Industrial Complex and who it involves

Stanley, Eric A., and Nat Smith, editors. Captive Genders: Trans Embodiment and the Prison Industrial Complex, AK Press, 2011, pp. 344–356.

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Conclusion

All of this information may seem overwhelming at first, but there is a common message in all the research: Trans Women are targeted and harassed at disproportionate levels. Finding an absolute solution to these issues of abuse and violence is difficult, but solutions are possible. Prison reform is the most effective short-term solution at hand. Removing Trump’s Transgender Offender Manual and replacing it with one even more progressive than the Obama era edition would help tremendously in properly housing Trans Women. Prison placement should be based on the gender identity of the inmate and what they feel most comfortable and safe in doing. Allowing for queer spaces within prisons would help build a sense of community and create, hopefully, a safer space for at-risk inmates. In order to enact change on this level, we, as citizens, need to advocate for prisoners’ rights in the public arena. That means pressuring elected politicians to move towards supporting prisoners’ rights, defunding for-profit prisons, and, eventually, moving towards abolishing prisons. We as voters have the power to elect officials that will support and uplift all members of our community, including those that have fallen victim to incarceration. It’s important that we stop dehumanizing incarcerated people and start treating them with the care and respect they deserve and need to effectively rehabilitate. Stepping away from the broken system of the Prison Industrial Complex would be the ideal end-goal for eliminating the abuse Trans Women face. 

Above: A list of solutions to the disproportionate policing of Trans people as outlined in “Building an Abolitionist Trans and Queer Movement With Everything We’ve Got” (Bassichis et al. 19). 

Bassichis, Morgan, et al. “Building an Abolitionist Trans and Queer Movement With Everything We’ve Got” Captive Genders: Trans Embodiment and the Prison Industrial Complex, AK Press, 2011, pp. 15-40

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Police Abuse of Transgender People

As already discussed, Transgender inmates in prison are high risk targets for abuse in prisons. Broadening that scope to outside the prison walls, however, allows for review of police conduct toward Trans people in everyday life. While it’s known that police are abusive, the risk of being mistreated by them varies depending on different aspects of one’s identity. Amnesty International found “that police abuse and the forms [it] takes are often specific to the different aspects of the victim’s identity, such as sexual orientation, race, gender or gender identity, age or economic status” (2). Identities are complex and intersectional, meaning that one individual can have many layers to their identity. A more complex identity profile, however, can leave one more vulnerable to abuses and mistreatment from police. For example, a white Trans Woman may be discriminated against for her gender identity but a black Trans Woman may be discriminated against for both her race and gender identity. Identity-based discrimination leaves large swaths of communities vulnerable to targeting and violence based solely on their outward appearances. According to the 2015 US Transgender Survey, “57% [of respondents who interacted with police] said they were never or only sometimes treated respectfully,” and “58% reported some form of mistreatment, such as being repeatedly referred to as the wrong gender, verbally harassed, or physical or sexually assaulted” (James et al. 185). Clearly the mistreatment of Trans people by police is not uncommon. Think of the Stonewall Riots, for example, they came to fruition as a retaliation against local police forces that were regularly attacking LGBTQIA+ safe spaces. Historically speaking, cops and queers do not get along. 

Allowing cops to discriminate and abuse Transgender people creates a notion that they aren’t people worthy of respect or protection. This perpetuates hate crimes towards Transgender people outside of prison as well as allows for the abuse that occurs inside of prisons. The problem of prison-related abuse towards Trans Women begins on the outside, where law enforcement is used as a means of harassment rather than protection. 

James, Sandy E., et al. The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality, 2016

Stonewalled: Police Abuse and Misconduct against Lesbian, Gay, Bisexual and Transgender People in the U.S. Amnesty International, 2005.

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Sexual Abuse in Prison

As mentioned throughout previous posts, sexual abuse against Transgender inmates is alarmingly common. Transgender inmates are disproportionately targeted, “while only four percent of all inmates in prison experience sexual violence, just under forty percent (39.9%) of transgender inmates reported experiencing sexual violence in prison” (Perrone 3). According to the 2015 US Transgender Survey Report, “nearly one-third (30%) of respondents who were incarcerated were physically and/or sexually assaulted by facility staff and/or another inmate in the past year” (James et al. 190). It’s clear that Transgender inmates are at high risk for sexual assault, especially when housed in facilities intended for the opposite gender. One argument is made that the hyper-masculine culture of men’s prisons actively works against Transgender inmates. In men’s prisons it creates an unsafe space where gay and transgender prisoners are disproportionately preyed upon and often subjected to sexual violence (Stohr 121). While inmates perpetuate much of the violence, staff are also responsible for the abuse of Transgender inmates. According to research, “staff are also engaged in sexual assaults, up to and including rape, but more likely their form of abuse includes pat downs and body searches that are sexualized with verbal and physical abuse” (Stohr 124). In combination of these two avenues of violence, staff also have the power to perpetuate violence between inmates. “For example, one transgender woman client [Gabriel Arkles] worked with was “sold” by correctional officers as a forced prostitute with whom male prisoners could have sex. Another was stabbed by another prisoner in a shower, while a correctional officer looked on and smiled” (Arkles 525). Not only are Trans Women unsafe from inmates in men’s prisons, they’re unprotected by the guards meant to help them. 

The greatest form of help most Trans inmates receive is a sentence in solitary confinement. The idea behind putting Trans inmates in solitary confinement is to keep them separated from the general population as a means of protecting them. This, however, is far from helpful or protective; being placed in solitary confinement allows for different forms of violence to take place. First, Trans inmates are further from the public eye which allows abusive guards to more easily have their way with them. In the same regard, being taken from the general population strips these inmates of any sense of community they had. Staying in solitary confinement means cutting off Trans inmates from the few privileges inmates receive in terms of socialization and activities. Having no community support and being locked in a confined cell also has psychological implications. Studies have found “significant associations between [solitary confinement] and general mental health, mood, psychotic, and hostility symptoms” as well as an “increased risk for self-harm” (Luigi et al. 9). This protection, in turn, becomes an act of violence itself allowing for further abuse of Transgender inmates. 

Arkles, Gabriel, “Safety and Solidarity Across Gender Lines: Rethinking Segregation of Transgender People in Detention.” Temple Political & Civil Rights Law Review, Vol. 18, No. 515, 2009

James, Sandy E., et al. The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality, 2016

Luigi, Mimosa, et al. “Shedding Light on ‘the Hole’: A Systematic Review and Meta-Analysis on Adverse Psychological Effects and Mortality Following Solitary Confinement in Correctional Settings.” Frontiers in Psychiatry, vol. 11, Aug. 2020. EBSCOhost

Perrone, Catherine. “Eliminating Ambiguity and Conflict: Protecting Transgender Inmates from Sexual Violence in Federal Prisons.” Administrative Law Review Accord, vol. 4, no. 2, 2018, pp. 1–18. EBSCOhost

Stohr, Mary K. “The Hundred Years’ War: The Etiology and Status of Assaults on Transgender Women in Men’s Prisons.” Women and Criminal Justice, vol. 25, no. 1/2, 2015, pp. 120–129. EBSCOhost

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Dwen Curry, as seen in American Gangsters: Trap Queens, goes on CBS News for and interview on her time spent in prison. She was, unfortunately, one of many Trans Women sent to a men’s correctional facility, and, once again unfortunately, faced much abuse within the prison walls. Curry mentions during the interview that she was placed in a cell with a man who had already served 25 years. Immediately upon her arrival he acted violently towards her. As well as abuse from inmates, Curry faced violence from the prison guards. She stated that it was like they were sex-trafficking her, moving her to different parts of the prison so more people had an opportunity to violate her. Near the end of the interview Curry discusses her beliefs on how prison placement should be for Transgender inmates. Curry supports a system similar to the Obama-era Transgender Offender Manual in which gender-identity is taken into account based on discussion with the inmates. This approach is not only humanizing of inmates, but allows for a much safer system for Transgender people outside of prison abolition.  

Curry, Dwen. “Dwen Curry on the crisis transgender people face in prison.” CBS News, By Vladimir Duthiers, Anne-Marie Green, 2021

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Prison Placement Policies

Far too often Transgender inmates are placed in correctional facilities of the incorrect gender, meaning Trans Women end up in men’s prisons and Trans Men end up in women’s prisons. According to Jessica Szuminski’s note in the Minnesota Law Review, “the majority (60%) of [transgender and gender non-conforming] respondents who had been in jail or prison reported being placed in a single-gender section of that jail or prison that did not match their gender identity” (502). The misplacement of Transgender inmates is detrimental in many different ways, leaving these already vulnerable people subject to excessive violence, sexual abuse, verbal abuse, and emotional abuse by the inmates and correctional officers in the prison they’re forced to go to. 

During the Obama administration, placement policy for federal prisons were based around a more humane and dynamic approach. Rather than using biological sex as the determining factor for prison placement, administration could take into account the inmate’s gender identity by way of committee-based review or a diagnosis-based classification (the latter requiring the inmate have a diagnosis of gender dysphoria before they can be placed in the appropriate facility). Committee-based review relies more on individual discretion that “involves a weighing of various safety risks and other vulnerability factors to determine the best course of action for each individual [Transgender] prisoner” (Szuminski, 502). In the face of progress, however, the Trump administration gutted everything it possibly could from the prison placement policy of Trans inmates specifically. Trump’s Transgender Offender Manual took a step back in time (despite taking effect in 2017), reverting back to the use of biological sex as a determining factor for prison placement of Transgender inmates. Not only is the updated Transgender Offender Manual unclear in its definition of biological sex, it goes directly against the Prison Rape Elimination Act (PREA), which was put in place to curb sexual violence in prisons, and made it “unlawful for an agency to assign a transgender inmate to a facility based solely on genital characteristics” (Perrone 6). Many states, however, do not comply with PREA standards so a change in the Transgender Offender Manual had little effect on these already abusive areas. 

Pictured above: Strawberry Hampton, a former inmate who began her sentence in an Illinois men’s prison

As an example of the atrocity of placing Trans inmates in the wrong correctional facility, Strawberry Hampton’s story is one of many abuses and mistreatments by both inmates and officers. Hampton was originally forced to serve her 10-year sentence in a men’s prison, surrounded by the abuses that follow such a placement of a Trans woman. During her time in the men’s facility, Hampton was physically assaulted, sexually abused, and verbally abused. The abysmal treatment of Hampton by the inmates as well as the complete lack of regard by officers lead her to fight her placement in court. After about a yearlong battle in court, Hampton was granted permission to transfer to a women’s correctional facility to finish out her sentence. The decision of her case actually prompted the federal judge to order the Illinois Department of Corrections to implement transgender training for all staff as well as grant her the transfer in facilities (Lourgos). Though women’s prison is still prison, Hampton mentioned feeling more comfortable and safe among the women. She mentioned about the new facility, “When I’m walking down the hall, everybody hug me, everybody scream my name. They treat me like a regular woman” (Lourgos). Hampton’s story is one of few where she receives the care she originally should’ve at the time of her arrest. Despite its rarity, her story serves as a beacon showing that when prisons provide proper care to their inmates they can actually thrive and rehabilitate as they’re supposed to. 

Lourgos, Angie Leventis. “Prison transfer suits transgender inmate” Chicago Tribune

Perrone, Catherine. “Eliminating Ambiguity and Conflict: Protecting Transgender Inmates from Sexual Violence in Federal Prisons.” Administrative Law Review Accord, vol. 4, no. 2, 2018, pp. 1–18. EBSCOhost

Szuminski, Jessica. “Behind the Binary Bars: A Critique of Prison Placement Policies for Transgender, Non-Binary, and Gender Non-Conforming Prisoners.” Minnesota Law Review, vol. 105, no. 1, 2020, pp. 477–526. EBSCOhost

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Beware the Lily Law by Michelle Handelman

An art installation on display at the Eastern State Penitentiary meant to offer a glimpse into the life of two Transgender inmates. The piece is meant to be immersive, since it is site specific to a prison cell in Eastern State Penitentiary, so the two actors speak directly into the camera as if addressing the viewer. The viewer is meant to feel like one of their cellmates, hearing life stories of the person they’re forced to spend so much time with. 

The piece makes several references to the early LGBT+ liberation movement such as the title “Beware the Lily Law” which derives from code words patrons and bouncers used to identify undercover cops at gay bars. The separate monologues were created from real experiences from Trans prisoners as well as in collaboration with the actors themselves. There was also a performance of Jimmy Camicia’s “Spare Change for a Dying Queen,” a monologue written in the mid-80s as an homage to Marsha P. Johnson- one of the integral Stonewall rioters and gay liberation activists of her time. While one account is from a Trans Man and the other is from a Trans Woman, both highlight the sexual abuse they faced within the prison by both the guards and other inmates. This video is meant to provide a personal insight into the horrors of American prisons especially for Transgender inmates. Many of the obstacles portrayed in this video will become recurrent themes throughout the research, as many Trans inmates face similar issues of verbal abuse, sexual abuse, misgendering, snd misuse of solitary confinement.

Full Video:

Handelman, Michelle. Beware the Lily Law. 2011, Vimeo

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Introduction

Transgender Women are a vulnerable population within our larger global community, at higher risk for abuses from not only fellow citizens, but from the law enforcement allegedly protecting them as well. According to the 2015 report from the National Center for Transgender Equality (NCTE), “nearly half (48%) of all respondents in the sample reported being denied equal treatment, verbally harassed, and/or physically attacked in the past year because of being transgender” (James et al., 198). The focus of this blog, however, is on the atrocities Trans Women face in the US prison system. Within the prison system, Trans Women are probably of the highest risk for abuse by both fellow inmates and correctional officers. The same NCTE report found “nearly one-third (30%) of respondents who were incarcerated were physically and/or sexually assaulted by facility staff and/or another inmate in the past year” (James et al., 190). From incorrect housing to severe risk for sexual assault, Trans Women (especially Trans Women of color) face obstacles not every inmate is forced to endure. A long-term solution to these acts of violence would be prison abolition, but this blog aims to support short-term solutions that are not only more achievable but also able to provide immediate assistance to Transgender inmates in need.   

James, Sandy E., et al. The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality, 2016