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Feminism: Sex and gender discussions

Brighton hammer thief spared jail because transgender

109 replies

WomanBornNotWorn · 27/02/2020 11:04

www.theargus.co.uk/news/18264144.brighton-hammer-thief-spared-prison-trangender/

Hammer thief sentenced to jail then judge immediately changed sentence purely because being transgender is more relevant than threatening a shopkeeper with a clawhammer.

It is time for third space within men's prisons where trans women can be securely and safely held to serve their sentences, and away from vulnerable women prisoners. It must be possible.

OP posts:
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WomanBornNotWorn · 27/02/2020 11:05

www.theargus.co.uk/news/18264144.brighton-hammer-thief-spared-prison-trangender/

OP posts:
NotTerfNorCis · 27/02/2020 11:09

Yes. A separate wing for transwomen in male prisons is what is needed.

WomanBornNotWorn · 27/02/2020 11:09

'A WINE thief who brandished a claw hammer was sent to prison, only to be dragged back into court and spared jail because she is transgender.

Leila Le Fey, 40, entered the Budgens store in Queen’s Road, Brighton, to steal the alcohol then threatened to hit manager Enoch Adetayo with the hammer when challenged.

At Lewes Crown Court yesterday, Judge Stephen Mooney jailed her for six months.

“When you took out the claw hammer it must have been terrifying,” he said.

He told her there was “no excuse” to wave the hammer and assault Mr Adetayo.

“It must be immediate custody because I see nothing in the offence itself or indeed in you that would render it unjust for me not to implement it,” the judge said.

But one hour after being sent down for six months in prison, Le Fey was brought back into court.

Her barrister Rebecca Upton said that because Le Fey did not have certified evidence of her gender reassignment, she would have to go to the male-only Lewes Prison.

Ms Upton also said prison regulations state she could not be kept in solitary confinement there.

She said Le Fey would be vulnerable in a male-only prison.

The only way Le Fey could prove her new gender would be an “undignified examination”, one which court staff were not prepared to do, Ms Upton said.

Judge Mooney said: “Issues have now arisen. You have heard why in those circumstances I came to the conclusion that I had to send you to prison. We live in a society which acknowledges and embraces diversity and allows and encourages people to live the life they want to.

“Sometimes society does not make the necessary or appropriate adjustments in all ways it can to reflect the adjustments of society as a whole.

“You chose to steal the wine, you chose not to put it back, you chose to brandish the hammer, but you have no choice as to how you will be deprived of your liberty.

“Deprivation of liberty itself is a punishment. But there are circumstances where it can be regarded as disproportionate in a society that acknowledges diversity, but has a lack of resources otherwise to deal with it.

“Having reflected again upon the impact an immediate custodial sentence would have, the difficulties there are and the intractable problems the prison service would face, I have reconsidered whether imprisonment must be immediate.

“In light of this information I have come to the conclusion that in your particular case it allows me to hope for some form of rehabilitation.”

Earlier, Rowan Jenkins, prosecuting, said Le Fey went into the store at 4am on November 6 to steal the wine. Mr Adetayo took the wine off her and challenged her, at which point Le Fey pulled out the hammer from under her other arm. She tried to grab another bottle of wine and leave but police arrived and arrested her.

Ms Upton said her client has battled with drink and drug addictions and kept herself out of trouble since 2014 before a relapse last year.

Le Fey, of Providence Place, Brighton, who admitted common assault and possession of an offensive weapon, was given a six-month suspended sentence, with 30 rehabilitation sessions.'

OP posts:
OnlyTheTitOfTheLangBerg · 27/02/2020 11:12

But this never happens.

ahagwearsapointybonnet · 27/02/2020 11:13

Just saw this on Twitter. Fuckingaaaarrrggh! So anyone can just use this as a get-out-of-jail-free card now? - with no GRC required.

Also there was a weird bit in the article where it said something about the only way they could prove/disprove this person was trans would be an embarrassing physical examination, but nobody wanted to do the examination (paraphrasing as can't remember the exact wording). Which seems odd in several respects - firstly because neither getting a GRC nor self-ID normally require any physical interventions (unless perhaps it was specifically due to this person claiming to have had surgery that they said they could not be put in a male prison? But that wasn't specified if so). And secondly, if they were claiming that, you'd think they could come up with some other proof (e.g. records of the surgery). It just jumped out at me as a bit strange.

ahagwearsapointybonnet · 27/02/2020 11:14

x-post with the article!

EverardDigby · 27/02/2020 11:14

So living as a woman by threatening someone with a claw hammer. Okay Hmm

Al1Langdownthecleghole · 27/02/2020 11:23

If I identify as a transwoman could I get away with a similar offence?

Of course not, I'm female.

Aesopfable · 27/02/2020 11:30

What possible reason could there be for violent male criminals to pretend they are transgender? Hmm

Sheshehe · 27/02/2020 11:31

The fact that they were carrying a bloody claw hammer?!!! Nasty.

So is this going to be an excuse now - we can't bring ourselves to put you in a prison with others of your sex because that wouldn't be nice for you, and we can't put you in isolation in that prison because that's not very nice either and we would love to affirm you and put you in woman's prison but you don't have a GRA and we aren't going to examine you to check whether you still have your penis so how about we don't jail you at all?

So does this strengthen or weaken the argument for a simpler GRA process? With the 'reformed' process this person could just go and get one and also no one would have to question you on whether you still had a penis because IT WOULDN'T MATTER. You could go to a woman's prison anyway because you Self-ID as a woman. And you're probably no threat because you didn't actually use the hammer and you were threatening a man with it and therefore there is no indication that you would be nasty to other women prisoners.

Could the judge have been trying to flag up the total insanity of the current situation? They are exposing a fucking giant loop hole either way.

GeordieTerf · 27/02/2020 11:36

What an insult to the victim Sad

BritneyPeedOnALadybug · 27/02/2020 11:41

I hope that judge gets mugged or has his house burgled by a man who, before sentencing, starts to self identify as a woman and avoids jail by another judge, for the same reason. It would really serve him right.

I should add: a non-violent mugging or burglary before I get accused of anything.

BritneyPeedOnALadybug · 27/02/2020 11:43

Nothing is going to change until it starts directly happening to high-profile figures or their families.

TedsFederationRep · 27/02/2020 11:43

So this person actually took the claw hammer with them - rather proves intent, I think - and their barrister waved the magic "get out of jail" card so the judge crumbled.

Oh dear, oh dear. I hope the new Lord Chancellor has a word with him and sharpish.

Transwomen have been held in male prisons for decades, to my certain knowledge, and prison staff have managed this type of situation successfully for just as long. Funnily enough, previous generations of judges never flinched at jailing the violent either, regardless of how the offender identified.

ScapaFlo · 27/02/2020 11:44

For crying out loud

TedsFederationRep · 27/02/2020 11:44
Grin
Sheshehe · 27/02/2020 11:45

I think Leila Le Fey used their powers of witchcraft to influence the judge...

Herja · 27/02/2020 11:55

Fuck all of this shit. I wrote angrily and repeatedly to my MP about potential issues in the prison system several years ago; she was utterly dismissive (Thanks Kerry McCarthy!) in every conceivable way. I didn't think of this bloody issue though! I will be writing to her again to highlight this.

Anyone know who else I should complain to? I don't have a clue who it should be.

Anyone do Twitter? (I'm a technophobe...) this needs sharing. Lord Lucas seems a good bet at the moment...

6000choccybiccies · 27/02/2020 11:59

So the offender would be vulnerable in a prison with men in it, but women wouldn't be?

TedsFederationRep · 27/02/2020 12:04

Anyone know who else I should complain to? I don't have a clue who it should be.

Robert Buckland, Lord Chancellor and Justice Secretary.

As Lord Chancellor, he has oversight of judge accountability and as Justice Secretary, he has responsibility for courts and prisons.

jadefinch · 27/02/2020 12:14

This needs to be stopped immediately. The government has got to intervene. And this judge needs to be sacked

Gibbonsgibbonsgibbons · 27/02/2020 12:18

WTF Angry

So rape is essentially unpublishable at this point & now Male violence has a get out clause. Fan-fucking-tastic

Languishingfemale · 27/02/2020 12:19

So on this basis all women prisoners must be at risk in any prison where a biological man is placed? So we need the immediate release of all women in prisons where there's a man who self identifies as a woman placed? Correct?

Gibbonsgibbonsgibbons · 27/02/2020 12:19
  • Unpunished Hmm
Mockersisrightasusual · 27/02/2020 12:22

But the poor dear would be at risk in a mens prisons.

(Maybe if they could keep the clawhammer to defend themselves?)