If a transvestite commits a crime......?

Question

Should it go to the jail suited for its original sexual orientation or its man made/created orientation?

For example your born a man, you've changed into a women, you commit murder, should you go to man jail or female jail?

Thanks for the input so far, however, a few of you don't understand that in a coed facility men and women are not mixed so the transvestite would still have to go to one side or the other.

Answer 1

Men who Claims to be a Woman without SRS they'll be sent to men's Prison

Read this Story have a good Evening

Saturday, July 21, 2007
Transgender inmate sues state over prison rape claims
Case challenges placement of transgender inmates with original sex populations.
The Associated Press

SAN FRANCISCO – A transgender woman who claims she was repeatedly raped and beaten by a male cell mate went to court this week to challenge a state policy that assigns inmates like her to men's or women's prisons depending on whether they have undergone sex-change surgery.

Alexis Giraldo, 30, claims that Folsom State Prison guards ignored her complaints of abuse and returned her to the same cell until a subsequent assault got her placed in protective custody and eventually moved to another facility.

Giraldo, who was born a man but lives as a woman and takes hormones to feminize her appearance, is suing the California Department of Corrections and Rehabilitation for emotional distress and violating her constitutional right to be free from cruel and unusual punishment.

"Prisons are violent places, and male prisons are especially violent places," said Greg Walston, a San Francisco lawyer who took on Giraldo's case pro bono. "You take that boiling cauldron and you put one woman in there – which is exactly what happened here – and it's like throwing a fresh piece of meat into a lion's cage."

The San Francisco jury hearing the case has been asked to award Giraldo unspecified damages. Superior Court Judge Ellen Chaitin has been asked to order prison officials to come up with a new system for housing transgender inmates.

The California Attorney General's office, which is representing the corrections department and Folsom staff members also named as defendants in the lawsuit, said Friday that it would not comment on the case.

Briefs filed by the state argue that Giraldo initially was in a consensual sexual relationship with her cell mate in violation of prison policy, did not report specific rape claims, and refused offers to be moved to a different cell. Once she made it clear she was being forced to service her cell mate against her will and strangulation marks were found on her neck, she was removed to protective custody, the state maintains.

"Plaintiff alleges that he informed prison staff on a number of occasions about these events. However, the documentation maintained by prison personnel – including some of the defendants in this case – does not bear out these assertions," the state's brief states.

Several counties in California, including San Francisco, have created separate units specifically for transgender prisoners. But like other states and the federal Bureau of Prisons, California assigns inmates to prisons based on their genitalia rather than physical appearance.

Biological men who dress and act like women but have not had sex reassignment surgery can be assigned to a psychiatric prison like the one to which Giraldo eventually transferred or the general population of a regular men's prison.

Teda Boyll, a retired guard and supervisor in California, testified for Giraldo as an expert witness on Friday, saying that in her opinion Folsom officials failed to adequately investigate Giraldo's concerns and assure her safety.

"There are some warning signs," Boyll said. "When an inmate says, 'I am getting pressured for sex,' it means it is already happened or it is imminent he will have to provide nonconsensual sex to another inmate."

Giraldo was sent to Folsom for shoplifitng and a parole violation in January 2006 and spent three months there before she was transferred to the medical prison. She was paroled earlier this month and is scheduled to testify on Friday afternoon.

Her former cell mate, who is serving a sentence for armed robbery, is also scheduled to testify in the case.

Answer 2

1

Answer 3

Neither. Why can't they go to a coed jail? Why complicate the situation by making a big issue out of the fact that they're a transvestite?

Answer 4

Man Jail

Answer 5

A transvestite has only changed his/her physical appearance through their outfit and their haircut/makeup (and not by surgery). Their physical gender has NOT changed, though this individual may have homosexual urges.

If this person is jailed for a crime, then they would be sent to a facility for people of their physical gender.

Answer 6

that just happened here,,the man commited a crime. he was in a dress, they were on there way to jail they stopped at the police station to have a female cop check, and she found a penis, so he went in the cell with the males, they said if the penis was gone he would have gone in with the females.

Answer 7

Can they go to a co-ed correctional facility?
...I think it depends on the current sex.

Answer 8

If you have a penis, you go the the men's prison. If you have a vagina, you go to the women's prison. No exceptions.

Answer 9

then you go to a womans prison

Answer 10

i dunno i think they get to choose so they don't get sued