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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think transsexuals should not be exempt from prison?

11 replies

SomeGuy · 04/08/2010 16:48

Case 1:

www.telegraph.co.uk/news/uknews/crime/7889707/Transsexual-spared-jail-because-of-risk-of-attack.html

Laura Voyce, originally Luke, spared prison for downloading child abuse images, after lying and saying they were downloaded by accident and also employing the 'research' defence. The judge said "Frankly, you deserve to go to prison, but I can't bring myself to send you to prison, entirely because I think prison would be an appalling experience for you. "

Case 2: www.telegraph.co.uk/news/uknews/crime/7926153/Transsexual-escapes-jail-sentence-for-spying-campaign. html

'Jan Krause, 46, who was born male, became "obsessed" with innocent nurse Carol Story, 53, and her three children, and declared she was on a "war footing" following an argument over a noisy central heating system.

Krause made the family's lives a misery as she recorded their comings and goings between 2004 and 2009, taking pictures and keeping a diary, containing over 600 entries detailing their movements.

She deliberately smashed into a family member's car and would often stand outside their luxury £500,000 home in the leafy village of Hartford, near Northwich Cheshire - on one occasion whilst wearing a balaclava, dressed in all in black.

On another occasion she called armed police who raided Miss Story's house at 3am when her twin sons held a James Bond fancy dress themed party for their 18th birthday and they were seen with toy Walther PPK pistols.

And she also erected a roof-mounted device which emitted a high-pitched whine in the direction of Miss Story's home for nearly a year before authorities ordered her to take it down.

Krause of Walnut Lane, Hartford - who refuses to accept that she has done anything wrong - was found guilty of harassment in June and had arrived at Chester Magistrates Court last week with two rucksacks, a pillow and a bed-roll, suggesting she expected to be sent to prison.'

The judge gave a suspended sentence saying@

"It's disappointing to me that it is clear from reports that notwithstanding the very clear evidence at the trial of the distress you caused Carol Story over a number of years, you still refuse to accept you have done anything wrong at all.

"What I'd prefer is a custodial sentence today, but having said that it is quite clear, and the point Mr Thomas makes is quite right, that you are a particularly vulnerable person in a prison environment.

"It is quite clear you are a vulnerable person in the prison environment and in your case a prison sentence would have a greater impact than it would on other people. "

Indeed, but not going to prison for a transsexual is clearly a much better outcomes than would be afforded to non-transgendered people, who would be in prison.

And why are they being sent to male prisons if they are legally female and allowed to marry as 'man and wife'?

OP posts:
Greensleeves · 04/08/2010 16:49

Oh, it's you again

mayorquimby · 04/08/2010 16:57

I'm fairly posh. If I were to ever do something which deserved jail, lets say a traffic accident resulting in a death, then I believe I should be spared jail as it would be a horrific experience for me due to the vast differences between me and my new colleagues backgrounds and views on life.They would most likely use me for sport and subject me to random and brutal beatings.
Is that how this logic works?

thumbwitch · 04/08/2010 17:00

I think they should go to prison if the offence merits it, but they should go to the correct prison for their reassigned sex, not their birth sex.

I know it's only a TV show but I still have horrific flashbacks to a L&O SVU show where a transgender (male --> female) was found guilty of homicide and sent to a male prison - the outcome was brutally fatal.

thumbwitch · 04/08/2010 17:01

Bugger - I meant a transsexual, didn't I...

GetOrfMoiLand · 04/08/2010 17:05

OP do you trail around the news websites picking up on stories which prove a theory that minorities avoid jail sentences.

What is the next thrilling installment?

LucyLouLou · 04/08/2010 17:06

Of course they should go to prison. There are such things as vulnerable prisoner's units if the situation warrants it. I don't think a TS prisoner would be in any more real danger than a child rapist, and they manage to house those sufficiently, don't they?

Dinkytinky · 04/08/2010 17:06

I doubt they would have been sentenced to jail even if the were regular people

mayorquimby · 04/08/2010 17:10

Why Dinky?
case 1:Frankly, you deserve to go to prison, but I can't bring myself to send you to prison, entirely because I think prison would be an appalling experience for you.

case 2:What I'd prefer is a custodial sentence today, but having said that it is quite clear, and the point Mr Thomas makes is quite right, that you are a particularly vulnerable person in a prison environment.

"It is quite clear you are a vulnerable person in the prison environment and in your case a prison sentence would have a greater impact than it would on other people. "

Case 1 seems clear cut to me although there have been many cases which have had a similar reason given for not imposing a custodial sentence. i.e. having a greater impact on the person concerned, I have heard it used with regards to certain peoples career/employment situation or new mothers or single parents of either sex.

mayorquimby · 04/08/2010 17:11

*although there have been many cases like case 2 which have had...

StewieGriffinsMom · 04/08/2010 17:49

This reply has been deleted

Message withdrawn

Gigantaur · 04/08/2010 17:57

there are many reasons why someone would not be sent to prison.
NOt simply because they are awaiting/have had gender reasignmnent.

I have known people who have escaped a jail term because they have certain phobias.
Others because they were the primary carere for a disabled relative.

each case is judged on its merit.

There is no rule that states a transsexual is not to be jailed.

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