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Feminism: Sex and gender discussions

Prisons Judicial Review: Judgement

468 replies

KeepPrisonsSingleSex · 02/07/2021 09:02

It's finally here...
The judgement in the prisons judicial review R (FDJ) v SSJ
will be handed down by email at 10.30 am today...

Here is a reminder of what it was about:

www.keep-prisons-single-sex.org.uk/judicial-review-campaign-update

OP posts:
Manderleyagain · 02/07/2021 12:11

In the case of sexual assualt and rape cases, these have to be held in a seperate wing (E) I think, which is in the women's estate but there are no links to the women.
I think there are links to thd women. They have supervised association with women during the day. That's a shocking bit if the policy. The prisoner who brought the case said she was sexually assaulted this way.

Manderleyagain · 02/07/2021 12:09

@highame

I've just read the judgement and a bit speedily, but although the claim itself is lost, there are some things in there that do not mean 'all is lost'. There is a lot of emphasis on reiterating the process and procedures and it may be that these have not been followed properly. There is also a requirement for proper figures to be kept.

It also looks as though the judgement says everyone's safety must be taken into account. In the case of sexual assualt and rape cases, these have to be held in a seperate wing (E) I think, which is in the women's estate but there are no links to the women.

Someone will put me right but just for the minute I'm not thinking all is lost though I think dials media stuff is spot on. This should get some traction

I've read it too and agree. I think it's the wrong outcome, but there's quite a lot in the judgement which is useful. Its common sense stuff that we know but has not been recognised by the other side in these discussions.The judges accept that
  • there is a conflict of rights which has to be balanced
  • article 3 is engaged
  • there's a genuine potential psycholoogical impact on some women being in proximity to male people
  • the record keeping has been crap and should be done better
  • it's good to have the available stats set out, tho the the number with a grc is thought to be small.

They think the policy can manage all these things if applied properly.

They are kean on the expertise of the case boards, and agree that in individual cases rights could be breached, but the overall policy doesn't discriminate unlawfully. This is a bit like what other judges have been saying. Experts not courts should be making these decisions. Individual breaches have to be prosecuted.

They also say trans womem with a grc have the right to be treated as their new gender, and that should be the starting point, with exclusions made on an individual basis.

It does suggest the grc is material, and not just admin that is no one else's business.

ThumbWitchesAbroad · 02/07/2021 12:08

Arses.

OvaHere · 02/07/2021 12:03

Talking about risk management is absolute bullshit. The most effective, easiest and cheapest risk management is one that's existed since the inception of prisons. House all males and females separately by biological sex regardless of whatever other characteristics they may have.

viques · 02/07/2021 12:02

Sorry, meant to add, isn’t it the first rule of safeguarding that you imagine the worst possible outcome and use that to establish your safeguarding criteria.

WhatyoutalkingaboutWillis · 02/07/2021 12:00

The judgment also finally puts to bed the transactivist claim that "Trans rights and female rights are never in conflict".

The court was clear that the decision to house male prisoners who identify as women in female prisons DOES undermine the rights of female prisoners /3

2021Vision · 02/07/2021 12:00

I have only scanned it however with all these cases it seems to be 'it's a sensitive area'. It really isn't. Men should not be in womens spaces, we need and entitled to single sex spaces.

This case was about transgender women who have committed sexual offences not being in the womens estate. No transgender women should be in the female estate because their sex is male. The MoJ need to setup separate sections for the prisoners however given that they don't even know how many trans women they have (and presumably it is 'too sensitive' to collect that data') this doesn't sound like it's going to be policy anytime soon. Am I right in saying that 'E' wing refers to this?

The summary of this case shows just how bad things really are. I'm disgusted.

purpleboy · 02/07/2021 11:59

fairplayforwomen.com/wp-content/uploads/2021/07/FDJ-Press-Release-Final.pdf

Here is Nic's press release

viques · 02/07/2021 11:58

I have read paragraph 86 several times , what it essentially says is

  1. the unconditional introduction of transgender prisoners into the general population of the women’s estate carries a statistically higher risk of sexual assault upon non transsexual prisoners

  2. the risk can be managed

  3. therefore they ( judges) are not persuaded that the policies have a disproportionally prejudicial effect on non transgender female prisoners as compared with non transgender male prisoners.

So if you are a woman in a woman’s prison , despite the statistically greater risk of sexual assault you will be just as safe from the violent predatory rapist with a previous documented history of violent attacks on women who has been housed in the women’s estate after declaring that they are a transwomen , as a man in a male prison would be , because the overworked, underpaid prison officers will have your back at all times.

Yes,dear, you are just as safe as any man living next to a male rapist who hates and abuses women would be.

What absolute fucking rubbish. Vulnerable women’s safety from predatory violent rapists should not be predicated by the good intentions of a separate unit . Vulnerable women’s safety from predatory violent rapists should be guaranteed by the simple expedient of not housing violent predatory rapists in women’s prisons.

[Rather shocking admission in the report, read it, can’t find it now, during covid, women prisoners who wished to shield for health reasons were put, guess where? In the violent transwomen rapists unit. Covid or assault , you choose. ]

Ereshkigalangcleg · 02/07/2021 11:56

I think what makes me sickest is the shits who are going to slither in to defend this. Despicable human beings.

That too, will bring sunlight to people watching who aren't au fait with what's going on. I imagine there will be crowing from the usual suspects, not just defending.

yourhairiswinterfire · 02/07/2021 11:56

The policy expressly requires transgender women who pose a danger to other prisoners to be strictly separated. It's a matter of risk assessment

Didn't this come up in court? I'm sure it said they were strictly monitored around the clock. Yet somehow a female inmate was still sexually assaulted?

ArabellaScott · 02/07/2021 11:55

@MidsomerMurmurs

That isn't what it says. The policy expressly requires transgender women who pose a danger to other prisoners to be strictly separated. It's a matter of risk assessment

So any sex-offending male prisoners would automatically be strictly separated then? Even if they decide to change their name and do their porridge in “girl-mode”?

Only after a review. On immediate admission to prison any male with or without a GRC who says they are a woman is to be admitting to the female estate. Risk assessments are not carried out prior to admission.
Ereshkigalangcleg · 02/07/2021 11:54

Hopefully it will make people realise what a shitshow the GRA is.

ArabellaScott · 02/07/2021 11:54

Skim reading that JR it seems to me to be saying 'this is crap and we know it's crap but this is how the law stands'.

So the law must change.

MidsomerMurmurs · 02/07/2021 11:54

That isn't what it says. The policy expressly requires transgender women who pose a danger to other prisoners to be strictly separated. It's a matter of risk assessment

So any sex-offending male prisoners would automatically be strictly separated then? Even if they decide to change their name and do their porridge in “girl-mode”?

accessorizequeen · 02/07/2021 11:53

I thought that. Although the JR failed, it does bring sunlight to the abuses that have happened, that the MOJ doesn't collect enough data and that women's rights must be balanced with trans rights. Sunlight that there are clashes between the two. The definition of sex and gender was not twaw in the ruling either. Some positives.

yourhairiswinterfire · 02/07/2021 11:52

You are responsible for the rape and sexual assault of women who were locked in with these animals.

Shame on you.

I don't think they know what shame is.

They knew what the outcome would be and they still allowed it to happen. People still defend it. They sleep easy at night because it's only women* being raped/assaulted and traumatised for the rest of their lives.

*And no one has any trouble identifying women when choosing the ones it's okay to put in danger, do they? Funny that Hmm )

I wish I believed in heaven and hell, because I'd take comfort knowing there's a special place reserved down there, burning for the absolute fuckers that have let this happen Angry

ArabellaScott · 02/07/2021 11:51

@FFSFFSFFS

The 97 other assualts might all have been trans women with GRC - they weren't necessarily all by actual women. They don't record the data when its a sexual assault by a transgender woman with a GRC.
Exactly what I was going to say. The 'data' is meaningless as a transwoman with a GRC (who can still of course have all the male anatomy born with) counts as 'other woman' and is not recorded in any way.
supercritter · 02/07/2021 11:49

We need demos outside prisons. This is shocking and disgraceful

FFSFFSFFS · 02/07/2021 11:47

The 97 other assualts might all have been trans women with GRC - they weren't necessarily all by actual women. They don't record the data when its a sexual assault by a transgender woman with a GRC.

dyslek · 02/07/2021 11:47

ok, for the record Im calling bullshit on the 'women sexually assult and rape other women.
I am a 54 yo working class woman who has lived in social housing in rough areas all my life, I have had woman relatives and friends who have gone to prison. Iv lived in womans refugees as a child and adult.

Iv grown up with drug dealers and criminals.
Iv been bullied by woman, beaten up by woman, made to feel like shit by woman but the one thing I have NEVER seen or heard of is woman sexually assulting each other.
IT DOES NOT FUCKING HAPPEN, it aint a thing, however much some men might want it to be.

ScaredOfDinosaurs · 02/07/2021 11:45

Seven is too fucking many. Every one of those is a grave trauma which will stay with the victim forever. Let those that made this policy understand - you did this. You are responsible for the rape and sexual assault of women who were locked in with these animals.

Shame on you.

OvaHere · 02/07/2021 11:45

@TedImgoingmad

The harms perpetuated will grow bigger and bigger, some women will probably die. Then eventually one day it will be finally to big to ignore and then the handwringing will begin along with all the op-eds about 'how could this happen?' and 'lessons learned'.

You forgot to add, @OvaHere , the inevitable, "Why didn't the feminists do anything about it?"

Oh yes, of course. Angry
FloralBunting · 02/07/2021 11:44

I think what makes me sickest is the shits who are going to slither in to defend this. Despicable human beings.

BSJohnson · 02/07/2021 11:43

Crosspost!