Most Americans can say that theyve never had the pleasure of spending time in jail or prison. And we dont really expect jails or prisons to be posh places, but we do expect them to keep those who end up there safe. Transgender Americans, on the other hand, face a different reality. Even a short jail experience, if youre transgender, can be fraught with indignities, hostility, even violence or sexual assault.
The U.S. Supreme Court made it clear in that prison administrators who turn a blind eye to the sexual assault of transgender prisoners violate the Constitution. What the Court didnt address was exactly how prisons and jails should go about keeping transgender prisoners safe.
A few enlightened prison experts have figured out that placement decisions shouldnt be based on fixed rules about transgender people, such as the genital rule most prisons currently follow. Under this rule, a transgender inmate who has lived for many years as a woman is placed in a jail cell with other men, just because she hasnt had genital surgery. And routine searches of transgender women are often carried out by male, rather than female, staff.
Imagine the risks these practices impose on transgender men and women. A found that [s]exual assault is 13 times more prevalent among transgender inmates, with 59 percent reporting being sexuallyassaulted. (emphasis added).
Recently, the jail administrators at the county jail in Portland, Maine recognized the need to do something to protect transgender detainees and drafted a policy to guide those efforts. The and the 勛圖眻畦 LGBT Project, along with some help from Jennifer Levi at , were given the opportunity to comment on the draft and the result is a great success. Although there are aspects of it wed change, the basic structure is exactly right.
It puts into place a Transgender Review Committee that takes into account gender identity (someones internal sense of maleness or femaleness) before classifying transgender inmates. Verbal and physical harassment are explicitly prohibited Transgender inmates are allowed to state their preference for whether theyre searched by male or female guards. Inmates can dress and use names or pronouns that fit their gender identity. Its an extraordinary improvement over the practices in most other jails and prisons. Mainers should be proud.