california prison sexual assault

For far too long transgender, gender-nonconforming, and intersex people have been subjected to various forms of discrimination and victimization. This has been particularly prevalent for those who have been incarcerated. Even the United States Supreme Court has recognized that transgender people are especially vulnerable to sexual abuse and harassment.

Fortunately, in addition to being at the forefront of Criminal Justice Reform in general, by passing the historic SB 132 or the Transgender Respect, Agency, and Dignity Act, the California legislature has finally decided to act in addressing the issues that transgender, gender-nonconforming, and intersex people face while incarcerated. SB 132 was signed into law by Governor Newsom on September 26, 2020, and came into effect on January 1, 2021. The law was designed to ensure that transgender, gender-nonconforming, and intersex people are provided with a safe, humane, and dignified environment while incarcerated.

According to the findings in the bill, the rate of sexual assault in California’s prisons is 13 times higher for transgender women than for men in the same prisons. Moreover, another survey showed that, nationwide, 40 percent of incarcerated transgender individuals reported experiencing sexual victimization, compared to 4 percent for other incarcerated people. Furthermore, another survey showed that 38 percent of transgender women reported being harassed by correctional officers or staff.

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We live in a civilized society and being imprisoned does not mean giving up basic human rights. While, as a result of incarceration, inmates do have some of their rights limited and prisons are allowed to curtail certain rights based on safety and security, there are certain basic fundamental human rights that cannot be taken away from an individual, even when they have been incarcerated in prison or county jail.

The Eight Amendment to the United States Constitution protects inmates from cruel and unusual punishment. As a result, inmates are entitled to be housed in humane conditions. Furthermore, inmates are entitled to adequate mental and medical care, which for women include the right to prenatal and other necessary medical care, if they are pregnant, as well as postpartum care. Furthermore, female inmates have the right to refuse sterilization or any other birth control if they do not want it. Moreover, incarcerated individuals are entitled to freedom from discrimination, sexual harassment, the use of excessive force and assault, which includes sexual assault.

In 2003 the Prison Rape Elimination Act established a zero-tolerance policy for rape in any United States prison, which includes state as well as federal prisons. Unfortunately, sexual assault and rape in prisons across the United States continues to be a prevalent problem and countless inmates suffer as a result.

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Articles Tagged with california prison sexual assault

SB 132 – The Transgender Respect, Agency, and Dignity Act

Sexual Violence and Abuse in California Prisons