Transgender People in the Prison System
Trans people, especially those of color, in the prison system face routine violence and
discrimination not just from other prisoners, but from people who are supposed to be
protecting them. Most trans inmates in gendered prisons are placed with those of their birth
sex, contributing to both physical and sexual abuse they often face. Trans women are at the highest risk of this, with one in three reporting that they had been sexually victimized in the prison system. Also, trans people are often blocked from accessing transition related healthcare such hormones or gender reassignment surgery, even if prescribed as medically necessary by a doctor.
According to the 2015 US Transgender Survey, out of all the people in the prison systems, trans
people are ten times more likely to experience abuse from fellow inmates, and five times more
likely from prison staff than cisgender prisoners. In 2018 the Trump Administration changed the
policy of the federal Bureau of Prisons (BOP) to make biological sex the initial determinant of
where transgender prisoners are held. Only in “rare cases” are they put in prisons that conform to their gender identity. This puts them at a much higher risk of sexual assault.
The rate of trans people being put in the prison system is also disproportionate. One in six
transgender people, and one in two black transgender people, have been in the prison
system. Overincarceration of trans people is linked to the higher rates of policing and arrests of
homeless people and those in poverty. A large amount of trans people are homeless or live
in poverty, and this is speculated to be caused by harsh environments or abuse at home, causing them to run awayor get kicked out at a higher rate than cisgender people. This makes them more likely to engage in sex work and prostitution to make ends meet, as well as abuse substances such as marijuana and cocaine. They are less likely to find housing that affirms their gender identity, and those who are in emergency housing programs are much more likely to be sexually assaulted. All this leads to a disproportionately high incarceration rate among transgender people, specifically transgender youth.
The treatment of trans people in the prison system as well as the high rate of arrests are huge
problems that are enforced by government policies that solely judge based on biological sex.
The harsh environment around trans people contributes to the high rates of homeless and incarcerated trans youth who continue to experience the effects into adulthood. A significant change is needed to provide better conditions and care systems for struggling transgender people in today’s society.