The papers "Transitioning Our Prisons Toward Affirmative Law: Examining the Impact of Gender Classification Policies on U.S.
Certain actions can and do improve the lives of trans prisoners. Some organizations that used to focus on women's issues have expanded to include transgender people and gender non-conforming people in their work. ĭenial of access to surgical sex reassignment on the grounds of unstable or criminal behavior condemns those who are transgender, resulting in potential continuing identity confusion, low self-esteem, drug and alcohol abuse, self-mutilation and acting out behavior which further facilitates the vicious cycle of chronic dysfunction, perpetuating criminal behavior. In some instances, LGBT prisoners who are outed have been punished for attempting to repel an alleged aggressor, sometimes ending up in solitary confinement. These individuals can be targeted because of their sexuality and attitudes towards LGBT people. LGBT individuals are often subject to physical violence when they attempt to resist sexual abuse or sexual degradation, and can be targeted due to perceived femininity as well as if their sexual orientation is known. Even through attempts from gay and trans men trying to seek a safer place, the jail only segregates those that fit into their definition of gay and trans, often only accepting those they deem vulnerable enough. The Los Angeles County Men's jail segregates openly gay and transgender inmates, however, only if they are openly gay and if the staff that is inspecting them perceives them to be gay or trans enough for segregation. Many LGBT inmates who are able, even those who are openly gay outside of prison, stay in the closet with their sexual identities while imprisoned, because inmates who are known or perceived as gay, especially gay men with stereotypical effeminate characteristics, face "a very high risk of sexual abuse". Īs of 2015, the National Center for Transgender Equality estimated that one in six transgender individuals in the United States has been incarcerated in their lifetime, whereas the Bureau of Justice Statistics estimates a rate of one in twenty for the overall population. Similar patterns have been observed among Australian prisoners. The rate of gay or bisexual men in the prison and jail population (5.5% and 3.3%, respectively) was close to the national rate (3.6%), but the rate among women (33% in prisons and 26.4% in jails) was around 8 to 10 times higher than the national baseline. This discrepancy was largely driven by a large overrepresenation of gay and bisexual women. Īn analysis of data collected between 20 found that same-sex attracted adults were incarcerated at a rate of 1,882 per 100,000, more than triple the national average. In the United States, LGBT individuals are incarcerated at a higher rate than the general population.
While much of the available data on LGBT inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBT prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials. The vulnerability of LGBT prisoners has led some prisons to separate them from other prisoners, while in others they are housed with the general population.
67% of LGBT prisoners in California report being assaulted while in prison. According to Just Detention International, LGBT inmates are "among the most vulnerable in the prison population". Lesbian, gay, bisexual, and transgender ( LGBT) prisoners often face additional challenges compared to non-LGBT prisoners. The only protective custody available to lesbian, gay, bisexual, and transgender prisoners is often in segregated isolation.