Study Raises Concerns About Risks of Housing Biological Males in Women's Prisons

Created: JANUARY 26, 2025

A recent study by Independent Women has highlighted the potential dangers of incarcerating biological males who identify as female in women's prisons. The report, released exclusively to Fox News Digital, suggests these inmates pose both physical and psychological threats to biological women. It emphasizes the disproportionate likelihood of trans-identifying males having committed sexual offenses, increasing the risk of harassment and assault for female inmates.

The report argues that placing biological males, particularly those with intact genitalia or a history of violent sex crimes, in close proximity to women infringes upon the latter's rights. It criticizes current laws and policies for prioritizing gender identity over the safety and well-being of incarcerated women. The report also points out that concerns about women's safety are often dismissed or ignored.

Amie Ichikawa

Amie Ichikawa, a former inmate who spent five years in a California prison, now advocates for female prisoners. She explains that current regulations based on self-identification allow individuals to transfer to women's prisons simply by declaring themselves female, regardless of physical attributes or criminal background.

The report reveals that trans-identifying male inmates often leverage legal arguments, claiming discrimination or violation of their rights, to justify their placement in women's facilities. They may argue that housing in male prisons constitutes cruel and unusual punishment.

States that allow housing of trans-identifying inmates based on gender identity.

Currently, California, Connecticut, Maine, and New Jersey permit the housing of biological males who identify as female in women's prisons. Utah and Louisiana explicitly prohibit this practice, while other states handle such cases individually.

People wave a Transgender Pride flag at the 2023 LA Pride Parade June 11, 2023, in Hollywood, Calif. (Robyn Beck/AFP via Getty Images)

Citing Bureau of Prisons statistics, the report indicates that nearly half of trans-identifying male inmates have been convicted of sex offenses, compared to less than 12% of the general male prison population. May Mailman, legal director at Independent Women, stresses that housing violent male criminals with women is unacceptable and calls on policymakers to prioritize women's safety.

Advocates for transgender rights argue that placing trans women in women's prisons protects them from sexual assault, which they are statistically more likely to experience in male facilities. However, the report also documents cases of female inmates being sexually assaulted by trans-identifying male inmates.

Dana Gray

Dana Gray, a female inmate, shared her experience of being sexually assaulted by a trans woman, highlighting the fear and vulnerability experienced by women in these situations.

Ichikawa argues that some men may exploit the system by identifying as female to gain access to women's prisons, where they can exert more power and control. The report cites several cases that have sparked controversy and legal action, including instances of rape and impregnation of female inmates by trans-identifying males.

alissa kamholz Tremaine "Tremayne" Carroll mugshot Tubbs eceived a sentence of two years at a juvenile facility because Gascon’s office declined to transfer the case to adult court, adhering to one of the progressive prosecutor’s day-one directives barring "children" from being tried as adults.

The Independent Women report proposes several solutions, including amending the Prison Rape Elimination Act to prevent gender identity-based transfers to women’s prisons, clarifying the Americans with Disabilities Act, protecting female inmates’ right to report abuse, and tying federal funding to policies that prioritize women's safety.

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