Transphobia and the real issues on prisons

The case of the trans prisoner Isla Bryson has led to an outcry from transphobes, as she was initially housed in a female jail. She transitioned during her trial, and was convicted of two rapes.

The outcry came shortly after the Scottish government’s reforms to allow for a quicker legal-gender recognition process based on self-identification, and the Tory government’s move to block those reforms; but gender-recognition legal reforms do not shape the decision about where to house Bryson.

Prisons in Scotland, as in rest of the UK, have to risk-assess all prisoners when deciding where to house them. The Equality Act 2010 allows for prisons to house trans women in men’s prison if they are likely to cause a risk to other women, and regardless of whether they have a gender recognition certificate.

But transphobes are using the media driven “outrage” to push back across the board. For anyone actually interested in the plight of prisoners, it is a distraction.

The abuse and even killing of male and female prisoners is largely unreported. Prisoners frequently self-harm, are assaulted, raped, commit suicide, or are murdered in prison. Although women are far less likely to be convicted of a violent offence, the culture in women’s prisons leads many women to resort to violence in prison, at least as frequently as men do. Men are more likely to experience violence from staff. Male prisoners — the overwhelming majority of prisoners — face incredibly high risks of rape and sexual assault.

Trans women are often sexualised, and in the outside world frequently resort to sex work for an income. Often after having had sex with a trans woman, homophobic men or women feel shame about it. My partner was a sex worker and had a client who then tried to strangle her. Other trans sex workers we know have had similar experiences.

When she was in jail my partner had legal advice to turn down the offer of transfer to a female prison because of the risk that false allegations would be made against her.

A trans woman convicted of rape is likely to face abuse whether she is in a male or female prison. The decision about housing, and security for the convict and other prisoners, should be made by prison authorities after consideration of all the facts (including those we are not privy to), not as a result of tabloid and transphobes’ pressure.

Recent events are likely to have caused increased anxiety, among trans prisoners, and an increase in the hostility they, and the wider trans population face. As socialists we should advocate a massive reduction in the prison population.

Most prisoners could be safely released immediately. Remaining prisons should be reformed beyond recognition, to end the pervasive culture of widespread abuse, and should generally be gender neutral.