Transgender women can be housed in female prisons, court rules

 (Photo: Unsplash)

High Court judges have ruled that it is lawful for transgender women to be housed in female prisons.

A legal challenge was brought against the Ministry of Justice over its policy of allowing inmates to be housed in accordance with their gender identity rather than biological sex. 

The woman who brought the challenge, named only as FDJ, argued that female inmates would be exposed to an increased risk of sex attacks should they be put with a transwoman with a history of sexual violence. 

Lord Justice Holyroyde accepted that the policy may cause "fear and anxiety" among women inmates and recognised that many female prisoners are the victim of sexual assaults and domestic violence,  The Telegraph reports.

But he concluded that maintaining the status quo balances the rights of women and transgender people. 

He added that the placement of trans female prisoners could be considered on a "case by case" basis by a specialist panel.

This panel should also be responsible for screening out those with a history of predatory behaviour and ensuring they are placed into specialist wings or under supervision, or alternatively housed in male prisons.

Lord Justice Holyrode said that such a panel could in his view "be expected to be astute to detect any case of a male prisoner who, for sinister reasons, is merely pretending to wish to live in the female gender."

He added: "I can accept, at any rate for present purposes, that the unconditional introduction of a transgender woman into the general population of a women's prison carries a statistically greater risk of sexual assault upon non-transgender prisoners than would be the case if a non-transgender woman were introduced.

"But that statistical conclusion takes no account of the risk assessment which the policies require."

A MoJ spokesman told the newspaper: "We are pleased the court agrees that the way we manage transgender offenders strikes the right balance between protecting their legal rights and ensuring the safety of all prisoners."

News
250 doctors and nurses in Wales urge Senedd to vote against assisted suicide
250 doctors and nurses in Wales urge Senedd to vote against assisted suicide

While the Welsh Parliament cannot stop the bill, they may be able to make Westminster think twice.

Coalition of 13 aid agencies urge UK action as Sudan war reaches 1,000-day mark
Coalition of 13 aid agencies urge UK action as Sudan war reaches 1,000-day mark

Humanitarian organisations have renewed calls for urgent UK government intervention as the conflict in Sudan passes 1,000 days, warning that the country is now facing the biggest humanitarian crisis in the world.

Fulani herdsmen kill 13 Christians in central Nigeria
Fulani herdsmen kill 13 Christians in central Nigeria

Fulani herdsmen arrived at midnight on Monday and shot four Christians who had been asleep in their homes.

Franklin Graham asks for prayers for US amid ICE tensions
Franklin Graham asks for prayers for US amid ICE tensions

The Rev Franklin Graham is calling on Americans to join him in a “time of prayer and repentance” this week, warning that “our nation is in trouble” amid a volatile political climate.