“Prisons - I think we need to apply common sense here. If someone transitioned 20 years ago and has led a peaceful life and is in for not paying their tv licence then there could be an argument for them being in a women's prison , although they should use separate showering facilities or shower at a different time and shouldn't share sleeping quarters unless with another transwomen. However, a rapist who conveniently decides to transition just before sentencing is clearly trying it on. I think maybe a case by case approach might be best.”
This approach of yours is not common sense at all.
This approach is one where you have somehow turned being considered female into being a reward for how long ago a person transitioned, and their ‘good’ behaviour. It still prioritises the male person while dismissing the needs of female people.
Plus it again ignores the fact that this is gender identity is a philosophical belief. That is the only commonality between all people with a transgender belief. So, those male people would be put into a female prison because they have a philosophical belief that they are female.
What other philosophical belief about oneself gets a prisoner such privileges?
And even if that male person had extreme body modifications done 20 years ago, they are still male. It also doesn’t mean that the rest of their body looks anything but like a male person who has had their penis and testicles removed, and grown breasts. (Not that access to any female single sex space should be based on passing either, but on excluding all male people beyond the age of around 8 years old). As mentioned up thread, female people
are highly likely to correctly identify a male person’s sex with interaction. And a large portion of those will do so very quickly. So why distress female people in prison to allow in any male prisoner?
It doesn’t matter if that male is the nicest male person on earth. They are male. They have not changed sex, no matter how sincerely they hold that philosophical belief. They are male. Any male prisoner being placed in a female prison is going to be highly likely to cause distress just because the person is male.
And again, what other philosophical belief gets such privileges such as being placed in a female prison when the belief holder is male? If that male person is vulnerable, the prison services have policies that protect vulnerable male prisoners within the male prison. That is the common sense approach.
Prison segregation has been based on sex for a reason. Sex, the materially and objective categorisation of a human body. Not philosophical belief that defies material reality. Philosophical belief is not the over riding category criteria that prisoners are sorted on.
And a case by case situation you advocate for is discriminatory. Which criteria gets priority here? The materially real criteria? Or the philosophical belief criteria? A case by case scenario then has someone, an individual or a panel, arbitrating which male deserves to be considered ‘female’ enough based on the axis of deservingness.
No female person has to go through such a process. But now you have this male person being able to go through a special process to receive the privilege of access to female prison which no other group of male prisoners receive. All based on one particular philosophical belief. And all up to the reviewer/s as to who gets that privilege.
It is particularly worrying when you consider the amount of harm that a male person can have done that was never reported.
There is no aspect that an approach that allows any male prisoner into the female prison centres the needs of female prisoners or focuses on the reason why prisons were segregated in the first place.