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For the past two years, Heather Mason has been advocating for criminalized women on a variety of prison issues, including segregation, strip-searching and conditions of confinement during the COVID-19 pandemic. In communications with these women, many have reported distressing experiences with male prisoners. Ordeals recounted to Mason include “frequent issues of sexual assault, sexual harassment, stalking, sexually transmitted diseases, negative impacts to programming, negative emotional impacts, increased issues with drugs, and increased issues of fear of retaliation”. In her brief, Mason summarizes numerous instances of women reporting frightening actions (including violent crime) perpetrated by male prisoners, such as rape, sexual assault, exhibitionism (i.e. exposing their genitalia to the women), and sexual harassment. The latter offense includes instances of convicted pedophiles loitering near a woman and her child (who were part of the mother-child program), and “making sexist and inappropriate antagonizing comments”.
Mason also notes that women have pathways and histories to criminality that differ from male prisoners, including those who identify as women. Many male transgender-identifying prisoners “have appalling crimes of assault, sexual violence, and murder against women and children”. She points out that merging these two groups of prisoners (women and transgendered individuals transferring from men’s prisons) obscures differences in their differing pathways and histories, impacts security protocols, results in deteriorating physical and mental health for women, and heightens women’s trauma reactions. Several women also told her that “transgender individuals break the rules without any response or reprimand fromcorrectional staff, including the known distributing of drugs, the known ingestion ofdrugs, the known threatening of women with assault or murder, and failing to stand forcount among other things.” Further exacerbating the situation, women report having their accounts of violence dismissed by prison staff, organizations and politicians, thus leaving them “without supports,without recourse and without any surety of security from targeted sexism and sexual violence”. Since any disclosure of violence committed by transgender-identifying individuals is treated as transphobia, in many instances, women avoid reporting their experiences. This occurs in a context where women “are already reluctant to do so due to the shame around sexual assault, sexual harassment and reporting in prison generally”.
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