We previously covered some of the environmental hazards that are located close to prisons which can place inmates, prison staffers, and residents located nearby at risk of developing serious illnesses. Recently, the New York Times covered all of the many other injuries inmates may face while in prison, notably the physical and emotional abuse that is directed towards transgender inmates.
Solitary Confinement, Segregation, Discrimination & Sexual Abuse of Transgender Inmates
Reports have emerged that those held in immigration detention are sometimes placed in solitary confinement solely due to their gender identity. There, harassment and physical attacks are directed at them, which guards typically ignore or join in on. Transgender inmates who are the subject of these attacks are powerless in the context of prison, with institutions responding by segregating them, and facing growing challenges because of it. Regardless, these policies do not appear to be changing with the times.
Transgender members of the public are much more likely to be imprisoned in general, experience police discrimination and abuse, be searched or arrested for suspicion of prostitution, and face employment discrimination, as well as suffer from other illegal activities committed by those in power. Transgender inmates also face disproportionate levels of sexual abuse while in custody; specifically, up to 40 percent of transgender prison inmates reported being sexually abused while in custody. And the solution? Prison staffers typically place them in solitary confinement, a method typically used to punish prisoners, not protect them from other inmates. Solitary confinement then increases their risk of being assaulted by guards (due to the isolated nature of the confinement) and cuts off access to programs such as group therapy and education, all of which feeds into employment prospects upon release as well as positive mental and emotional health levels for inmates.
Denying Medical Needs to Transgender Inmates
These facilities have also been found to deny transgender inmates access to hormone therapy, which is necessary for their physical and psychological well-being. As a result, some attempt suicide and self-castration. The issue is so severe that the Justice Department ruled that policies denying hormone treatments for transgender inmates are unconstitutional. Still, many are denied these basic needs to date.
Hope on the Horizon?
In October, California announced that it would begin covering sex reassignment surgery for some inmates. In addition, by the end of 2015, San Francisco city jails have announced that they will house transgender inmates according to their gender identity.
In addition, the Rikers Island facility in New York opened a separate housing unit for transgender women, who are often automatically housed with men. And although solitary confinement is still allowed as a last resort, Immigration and Customs Enforcement recently released new guidelines that would allow transgender detainees to be housed according to their gender identity.
Our Attorneys Can Help You
Everyone—including a prison inmate—has the right to live in a safe environment, free from physical, emotional, and psychological harm. If you or a loved one has been injured due to gender identity, you may have legal recourse. Contact us today at Harrell & Nowak for a free consultation.