Women’s group agitates for trans inmate to be moved from female jail
Victoria’s authorities have been asked to move the inmate, who has a ‘working’ penis, out of the female prison.
A women's group is pushing for Victorian authorities to intervene and move a trans prisoner convicted of sex offences and with a “working” penis out of a Melbourne based female prison.
The Victorian Equal Opportunity and Human Rights Commission has agreed to meet Corrections Victoria next month amid concerns raised by independent think-tank Women’s Forum chief executive Rachael Wong that the prisoner is currently at the Dame Phyllis Frost Correctional Centre in Victoria’s west.
The latest development came after reports female prisoners at the jail complained the inmate who committed sex offences against females while a man has been moved to the female centre.
The Herald Sun previously reported inmates are concerned the inmate has a “working” penis and a history of violent sexual assault against a woman and a girl. As well, prisoners have been the victims of sexual assault.
Ms Wong, who has been campaigning for the prisoner to be moved, said she hoped the meeting will lead to the removal of the transgender inmate.
“Everyone has a right to feel safe, including when they are in a correctional facility. Many of the women in our jails are vulnerable, with many having experienced sexual violence from males. Housing them with a biological male who is a convicted sex offender is an abject failure of the system,” she said.
On August 25, Ms Wong said her organisation and a group called the Coalition for Biological Reality contacted Corrections Minister Sonya Kilkenny, Women’s Minister Natalie Hutchins, Equality Minister Harriet Shing, Attorney-General Jaclyn Symes and Premier Daniel Andrews along with the Victorian equal opportunity and human rights commission.
Ms Wong said Corrections Victoria made a “significant error in judgment” by allowing the inmate to be moved in her letter.
“Single sex prisons exist to protect the dignity, safety and privacy of female inmates. Placing trans identifying males in women's prisons unacceptably exposes female prisoners to increased risks of harm and is a breach of their human rights,” the letter read.
It called for the removal of the inmate from the Dame Phyllis Frost centre, asked for an inquiry into how the inmate was placed in the women’s prison and a review of requirements for the management of trans, gender diverse or intersex in consultation with women’s groups and former prisoners.
After three weeks, Victoria’s human rights commissioner Ro Allen’s office responded and agreed to intervene.
“Commissioner Allen has asked me to contact you to advise that they will be meeting with Corrections Victoria in October to discuss the issues raised in your correspondence,” the letter said.
“The commissioner will respond to your correspondence in due course following that meeting.”
A spokesperson for the VEOHRC said it was aware of the case and concerns that have been raised about it.
"The Commission is aware of concerns that have been raised regarding the placement of a transgender woman at the Dame Phyllis Frost Correctional Centre,” they said.
“The Commission is unable to comment directly on the case, but can confirm that we will be meeting with the Department of Corrections in coming weeks to discuss the relevant human rights considerations.”
They said Corrections Victoria’s policy for the management of prisoners who are trans, gender diverse or intersex “strikes the right balance” with the rights of other inmates.
“This nuanced approach to prisoner management aligns with the recommendations of the UN Special Rapporteur on Torture who has found that transgender persons are at a high risk of violence within prisons and encouraged States to take an individual’s gender identity into account when making decisions on placement,” they said.
It is believed the inmate is being held separately to other women at the prison.
A spokeswoman for the Department of Justice and Community Safety said inmate placements are made based on a balance between individual rights and the safety and security needs of the prison.
“The placement of prisoners is subject to regular review in order to achieve a balance between health, safety, social cohesion and rehabilitation,” she said.
“Corrections Victoria does not comment on individual prisoners or their placements."