Sexual Reassignment Surgery: A prisoner’s appeal

This legal case centres on a prisoner who wished to access, NHS funded, Sexual Reassignment Surgery during a prison sentence.  Covered by The Times here: KK appeal for SRS

In anticipation of the general denial on this issue I include, as always, the official, judicial transcript. KK: Legal Challenge for SRS. 

There are a number of interesting aspects to this case. Firstly the recurrent appearance of the same clinicians whose advice is sought. There does seem to be quite a small number of  specialists in this field.  A feature of this case, once again, is the claimant’s complicating  history of sexual offences.  This is not unusual, in the cases which leave a trail in court paperwork.  Another recurrent theme is the vexed notion of what “living as a woman”  means. This resists definition and exercises the minds of our specialists, and the judiciary, far too little.  Here we are told the claimant is 60 years of age, was sentenced “as a man” and has been given an indefinite sentence for public protection (IPP).  We also discover that the bar for obtaining Genital Reassignment Surgery (GRS) is lower for a prisoner who will never be released than for those with the possibility of parole.  There is no rationale given here for this policy. D2F83B22-1269-46E4-A6E5-CDFBAA747780A3429FA6-FA00-4D58-B686-150A23CD22B6

The legal claim is made on a number of grounds. One of these is whether there exists a protocol which discriminates against prisoners wishing to access sexual reassignment surgery.  Another aspect of the case is a rarely articulated concern about regret, in post-operative transsexuals. Here  it is adduced as a factor in the, efusing the prisoner GRS. The existence of post-surgery regret is not denied. Instead, the argument hinges on  the lack of  peer reviewed research showing prisoners are at a higher risk of regret.  The Trust, for its part, denies there is any such protocol.

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Below is a reminder of the criteria to access genital surgery.  It can be done from age 17, mental health conditions are no bar they must merely be “controlled”, a patient is allowed to progress even if they are “unwilling” to undertake hormone treatment. Furthermore the prospective patient should not be judged on how they perform their gender. God forbid we assign arbitrary expectations to performative gender, it might make us suspect the entire ideology is underpinned by reductive, sexist stereotypes.  The absence of any externally verified way of measuring “Living as a Woman”  does, however, beg the question how is this being measured? How can you assess if a male person is really of the female gender? What does living in the female gender role mean?

How can you possibly assess whether this identity is being adopted correctly if you don’t have pre-conceived notions of what “living as a woman” entails?  Is it possible that this is a tad sexist?

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Another revealing admission is that many of those who claim the status of “woman” in fact have no bodily modification at all.  So living as a woman does not require anyone to be divested of that very male of appendages. One could be forgiven for assuming the penis part of the male anatomy which would give rise to dysphoric feelings. Yet it seems not to be the case. A large number retain their male anatomy. At the same time we, second class women, the biological kind, are expected to share our intimate spaces with the new, male-bodied, version of womankind.  We hear much of the comfort surgery can bring to sufferers of Gender Dsyphoria. Where is the consideration for the discomfort of ,unbepenised, women forced to share our intimate spaces?

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6F8EAE8D-9FB9-428F-8C9E-5F3248F87282Cue cries of “transphobia” for wishing to be free of all genders of penis when women are in intimate spaces.

The next excerpt from the case provides more information on the sexual offences committed by the prisoner.  Here we learn that the defendant begain offending in the 1980’s;  when he groomed and abused a young girl, at the  age of 12 . The defendant was, at that stage, 32 years of age.  The girl endured this for four years. He served just one year.  He was still sexually offending in 2006.

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The claimant is late to a belief they are really a woman. He remained trapped in a man’s body at age 51.  The claimant professes, to the therapist below, that his sexual offending may cease if he is allowed to transition. The therapist offers an alternative view. What if his attraction to the child images is related to him  having missed out on 51 years of being a girl  (WTF!). He may, in fact, be at a higher risk of offending after gender reassignment.  He then proceeds to amend his statement with the outrageous implication that he resorted to offending to “vicariously experience womanhood”.  Because nothing screams woman louder than sexually offending against a pubescent, female teen and downloading child porn!  Types furiously…

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Again there is a lot of evidence that males, who retain a sexual interest in females, and wish to transition, also have co-existing paraphilias.  But hey, what could possibly go wrong!

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Dr Lorimer is well aware that masochistic fantasies are not unusual.  A cursory acquaintance with sections of the community reveal a correlation with interests in BDSM.  Indeed here is a Masters Thesis about how sado-masochistic, role play helped one transwoman cement their identity.  Naturally they played the submissive role. BDSM & Transgender Identity

Cross-dressing usually has an erotic component but the prisoners states this was not the case for them. 6865DDD3-4017-402D-960E-957F7891BCFE Well he would wouldn’t he? Fetishising a female identity is pretty much the essence of the movement but I would say that wouldn’t I?

Fetishising sexual roles, with notions of submission and dominance, seems to be a core feature of how many males experience their female role.  Acting female in a male prison is vastly different from women’s material reality, as pointed out below:

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Here we find that the prisoner remains in a category C Male prison.  Since they have been “in role” for 10 years in a male prison it rather begs the question about lack of safety in the male estate.  Dr Barrett makes it clear they are not able to make a referral for a Gender Recognition Certificate.  As we found out from earlier cases there is no bar to obtaining a GRC, from within prison, even with convictions for sexual offences against women.  There are always other clinicians and a wealth of private providers that the prisoner can approach.  Good to know.  I was worried for a while.

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We soon learn that the prisoner has been moved to an open prison.  We are not told if this remains in the male estate.  The prisoner has, however, been granted accompanied and unaccompanied visits to the local town. This is to gain that all important “real life experience” of living as a woman, whatever that means!  This is a prelude to release.  Prisoner also has hormone therapy increased.   Below is another revealing statement that acknowledges that most denied of phenomena:  “detransition”.  When word gets out that Dr Lorimer has used this word will he be cancelled?

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The prisoners sexual offences are deemed to “complicate” the picture for our clinicians.  Further confirmation is provided below. Here we have a  prisoner presenting as  female, in the male estate, for 10 years!  Again Dr Barrett makes it clear the imprisonment of a patient is no bar to obtaining GRS and, additionally confirms female prisoners are being made to share accommodation with pre-op males.

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Yep Dr Barrett you bet the experience of living in the female role is artificial. I agree with you but probably for different reasons.  Late transitioners, with a history of sexual offences, are a red flag but you can’t say that can you? We must not undermine the notion of a man trapped in a woman’s body. #AcceptionWithoutException. Though Dr Barrett comes pretty close with this gem of a contribution about Women “living in female bodies!” (spoiler there is no other kind ). Yes! We tend not to groom female children and perform oral sex on them.

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So without wishing to labour the point the prisoner is denied.  No mention is made of the obvious reasons! You know the late -transitioning, sexual offence history and interest in child porn.  No.  The real issue that seems to justify the refusal is a failure to demonstrate real lived experience, as a woman, because prison is an artificial environment! Whilst a male cos-playing as a woman is not artificial, in any way!

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Case Dismissed.

 

Ministry of Justice: Updated Policy on caring for Transgender Prisoners.

This policy was revised and updated and published in August 2019. You can read the full policy 👉   Here  

This was revised after more than one high profile case of male rapists operating in the female estate.  There is no explicit reference to the cases, in the policy, though they do include  a warning about staff leaking information to the media.

A new policy is due to be published 31st October 2019 so I will revisit to note the amendments made.   I have also emailed the Ministry of Justice to ask if there is a specific policy on the care of female prisoners.  I have also asked  what protocols are in place for a female prisoner who is moved to the male estate, because they are deemed too dangerous for the women’s facilities.

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The policy exposes how far  the, legally protected, characteristic of sex has been eroded, by allowing anyone, regardless of biology, to declare they are a woman. The prison system is illustrative of just how far Gender Identity ideology is  embedded within our legislature and enshrined in public policy.

Below is a quote 👇 from James Morton, of the Scottish Trans Alliance, which shows that Female prisoners are the subjects of a  dangerous laboratory experiment.  James is listed as an author of the Scottish Prisons Policy which deals with Transgender Prisoners. As James is a lobbyist for Trans Rights there is only one group at the forefront of the policy.  Spoiler.  Its not Women.

‘We strategized – we strategized – that by working intensively with the Scottish Prison Service to support them to include trans women as women on a self-declaration basis within very challenging circumstances, we would be able to ensure that all other public services should be able to do likewise’.

The above quote  is illustrative of a complete disregard for the female prison population;  one of the most vulnerable groups in our society.  Domestic violence refuges, rape crisis centres and female prisons do seem to figure prominently in the targeted locations. Captive females are being targeted  for this new branch of Men’s rights activism.

The new MOJ policy starts out well.  At least it recognises  the need for balance between the protected characteristic of “sex” and “Gender Reassignment”. Specifically they refer to women’s prisons not, you will notice, men’s prisons.  They know any conflict impacts women. 

2FBB9A9F-6848-4764-ABCF-1870288BFD13The important legal issue here is that someone who has a Gender Recognition Certificate, is deemed to be “legally” of the opposite sex. Thus a Male to Female Transexual (MTF) or a Female to Male (FTM) is  deemed to be legally a woman/man, respectively. (Note: This does NOT mean that only post-operative transsexuals are able to be legally declared as the opposite sex. Gender Recognition Certificates (GRCs) have already been issued to male-bodied people).

The policy also includes this quote: F6F6AEC5-DC2C-4FC0-A7B7-60CD3608C1C3Unbeknown to, I would guess, 99% of women, the UK legal system has endorsed the idea of #LadyPenis.  Not one single women I have told about this, in real life, had any idea the state has declared that a male, complete with penis, can be legally defined as a woman. Once I had overcome their disbelief, they were, to a woman,  horrified. This is not a grass roots movement, its top down, elite led, and mandated by a political class who have been lobbied into submission. Crucially those who enact the law, and draft the guidance, will not be on the front line. They will not be tasked with enforcing the policy, in real life, or on the receiving end when, inevitably, it places women and children at risk.

The  Prisons policy has to operate on the basis of the law. The interpretation of the law is such that  a person who holds a GRC is , legally, woman/man and to be housed according to their “legal gender”.  (A lot of the debate uses Gender & Sex interchangeably. This is no accident. It obfuscates. Whenever you are reassured by a policy. Stop. Ask how they are defining gender, sex and woman. )AE657A7F-14E8-4BA1-A8CE-C4FA512B58BF

*A CCB is a Complex Case Board.

Since there are less than 5000 GRCs granted (last time I checked) this, on the surface, restricts the numbers.  However later in the policy it appears this is not quite so clear cut:

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This begs the question just what evidence is considered sufficient to define “gender” when legal sex cannot be easily determined?  Apparently staff can ask the prisoner’s permission to see a Gender Recognition Certificate or evidence that an application has been made.  However, the prisoner is not obliged to supply this information and can withhold it.  The policy also makes it clear that no search can be conducted to determine the sexual characteristics of the prisoner. This prisoner who does not produce  a GRC, or new birth certificate, will not have met the threshold for “full supporting confirmation” of their legal gender”.  The prison can, however, accept “strong supporting confirmation”. This turns out to be as follows:

86B34078-2767-4035-9B2C-F7EB1CD27C90The first and last categories are documents available to anyone on a “self-declared” basis.  Again how can one evidence “living as a woman”? Would we accept “living as a black man” or would we immediately see how offensive this is?  The middle one “appearance and mannerisms” postulates women as nothing more than mannequins. This  is grossly offensive to actual women but capitulates to wannabe women who think make-up maketh the woman.

Another interesting point made in the policy is the record keeping.  Any prisoner who is deemed to meet this very superficial set of criteria will be recorded as such.

BF37A69B-DE18-4946-8AE9-4B76E8CBFCB9Are crimes committed by men, who identify as women, recorded as male or female? If so how many self-identified women incarcerated are sex offenders? Do we have any way of tracking the risk these males present to the women inside, and outside, the prison?  I have more questions than answers. When we start to have a “puzzlng” increase in “female” sex offenders this will surely distort “evidence” based policy.  Risk assessments on the impact of male violence against women need accurate data. Individual women risk assess when in proximity to males. This is a survival strategy. Policy makers should ensure they have the data to do this on a macro scale.  Since we know there are significant sex based differentials in offence patterns eradicating records based on sex is a risky strategy.

I would also love to know why transgender status has any bearing on sentencing? See the excerpt below ⇓2F0677AE-E22E-45C5-A4A3-6FAF4018EEE0

Is Transgender status being treated as a mitigating factor?  I have seen articles where the judge has allowed an offender to walk free rather than subject them to  custodial sentence. Explicitly stating it was deemed to be  more onerous for a Trans prisoner. Here is one case in which the Judge does not impose a custodial sentence because the Sexual Offender Treatment Programmes are not geared to the Trans-community (which is true but letting the sex offender walk is no solution) : Transgender Sex Offender walks free

Writing such a policy would be challenging in the legal context even if undertaken by skeptical parties. Some of the framing is downright dishonest when contextualised to  female  offences against males and vice versa. Here we have exactly the same phraseology for the location of MTF and FTM.

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It must require a suspension of disbelief to write the second paragraph knowing full well a female, regardless of identity, is much more likely to be at risk not presenting a risk to  male prisoners.

A significant feature of the trans community is the need to be validated in the sex you wish you were born in.  Where a MTF demands that validation it can impacts on women’s safety by an obsessive need to be included in female spaces.  The more intimate the more validating.  For a female, with a male identity, this same need places them at risk.  Yet the law dictates this:

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I reported on another trans-identifying female earlier in this series who was sectioned in lieu of  being imprisoned. Inevitably they were the target of sexual “advances” when incarcerated, at their request, in the male estate.  FTM Legal Case

I also quote Frances Crook of the Howard League in the above case: 👇69F26840-7F7C-46AA-9A00-51C128807FF5

There are 80,000 male prisoners and 3000 female prisoners.  Men imprisoned for sexual offences are at 19% in the male estate.  Of the MTFs, held in the female estate,  41% are in for sexual offences. ↓

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Either we have a higher pattern of sexual offences within the Trans umbrella or we have a problem of opportunistic men gaming the system. The outcome for the women is the same whichever the motivation.

The above is from an article in the Spectator. (*The 0.04% figure is open to question as 128 out of the total female population is actually 4%. It is not known if this is because there are males , legally counted as female, in these figures). 

Read more here:

MOJ confirm Fair Play for Women’s work on Transgender Prisoners

All of the above confirms, to me, that the Prison service should revert to the original policy of housing female prisoner’s separately, from males,  and set up special accommodation for trans prisoners where deemed unsafe in the prison of their birth sex.

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I have omitted many aspects of this report. The self-reported “intersex” offenders does not stand up to any scrutiny.  Given the low incidence of Disorders of Sexual Development in the wider population it beggars belief that 7 out of 80 say they are “intersex. Once again it is deeply offensive to allow a medical condition to be claimed as an “identity”. Trans-activists have long co-opted this community to serve their own aims and Claire Graham covers this topic here :Intersex & LGBT

I also have not spent a huge amount of time on the how hamstrung the front line staff are. They can’t make a prisoner disclose their sex. They can’t conduct a search with the purpose of identifying the sex of their prisoner. They can’t use blood tests to determine if a prisoner is on a regime of hormones. They can’t tell female prisoners if they have a male incarcerated with them. For MTFs it is rare for non-celebrities to have  what is called “passing privilege”  so I imagine it is perfectly obvious to the women. Yet the prison officers commit a criminal offence if they share that information. The prisoner has the right to demand to be searched by someone of the same “”gender” so  female staff are also being disregarded.

Quite rightly the prison service is concerned that MTF Transgender people are at risk in the male estate.  What jars is that this risk is explicitly acknowledged and care taken to protect a “transwomen” in the male estate.  By contrast women in the female estate are not even allowed to know a male is housed within their estate.

Once again it is abundantly clear that the authorities have simply not consulted or listened to women.  We are here. We are raising our voices. This is NOT ok.