Tag Archives: sexual assault in prison

There has been screaming controversy in the media for days now about a Scottish transgender woman who has been convicted of rape. Many misleading media reports have suggested that she would have to be accommodated within a women’s prison. There was outrage when she was initially taken to Cornton Vale women’s prison where she was held away from other prisoners while initial risk assessments were carried out over a 72 hour period.

Once that risk assessment was completed, unsurprisingly, she was moved away from Cornton Vale to HMP Edinburgh. There are few clearer statements of the obvious  than that anyone convicted of sexual assault, violence or raping women should not be incarcerated alongside women.  It was never going to happen in this case or in any other with such a record. There are procedures in place to protect prisoners from other prisoners who might harm them.

The Scottish Prison Service did its job properly.

In all parts of the UK, every prisoner is risk assessed for all sorts of things when they enter prison. Do they have a history of violence? Is there anyone in custody who might be a danger to them? Are they a danger to anyone on the prison estate? Is it safe to allow them to share a cell? That assessment determines the safest place for them and everyone else.

Unfortunately, the media has not missed an opportunity to print scare stories about trans women and the Scottish Government’s Gender Recognition Reform Bill. As this has been unfairly blocked by the UK Government, it clearly has no relevance in this case. But even if the prisoner had a Gender Recognition Certificate under the current system, it would have absolutely no effect on where she will serve her sentence. Conflating the two issues, and suggesting that trans women are a danger to other women is wrong and irresponsible.

Scotland’s Equality Network has a very useful Twitter thread explaining the issues involved in this case.