Introduction

The discussion of gender integration in prisons, particularly involving staff and inmates, has been a topic of increasing interest and debate. This article explores the implications of allowing female staff to work in male prisons and vice versa, using specific cases to illustrate the challenges and potential risks involved.

Case Studies from the U.S.

2017 Transvestite in Female Prison

In 2017, Paris Green, a 23-year-old male serving a sentence for murder at HMP Edinburgh’s female wing, was allowed to remain after six months. However, he was eventually sent back to the all-male wing due to allegations of sexual misconduct with female guards and prisoners. The case highlighted the challenges of housing transgender inmates in prisons designed for a specific gender.

2022 Pregnancies at Edna Mahan Facility

A more recent case in 2022 involved pregnant inmates at the Edna Mahan Correctional Facility in Clinton, New Jersey. This facility houses over 800 cisgender women and 27 transgender prisoners. The prison began housing inmates by gender identity after settling a lawsuit brought by a transgender inmate and the ACLU.

The Context of Gender Identity in Prisons

Edna Mahan, as the only women's prison in the state, does not require transgender inmates to undergo reassignment surgery to be housed according to their gender identity. This policy reflects a growing trend but also raises ethical and practical questions about the safety and well-being of all prisoners involved.

Reactions and Consequences

While this policy was implemented, it has not been without challenges. Five female inmates and two guards became pregnant as a result of sexual encounters with Green. The pregnant women were housed at the Edna Mahan Correctional Facility.

2013 Male Inmate in a Female Brig

Lance CPL Shane Bardes, a 27-year-old USMC corporal, was serving a five-year sentence for rape at the Naval Consolidated Brig Miramar in California. He was housed in a facility where most of the inmates and staff were female. Bardes alleged multiple cases of sexual misconduct involving female guards and a female counselor.

Allegations of Sexual Misconduct

Bardes reported being subjected to sexual encounters, including touching and pornography trading with guards.

He expressed feelings of being exploited and used by the staff.

The female work supervisor would engage in sexual activities with him despite the presence of male guards.

Bardes also alleged being harassed and forced into sexual activities by multiple female guards, feeling like a piece of meat.

Aftermath and Legal Actions

The allegations led to an investigation and the filing of an inspector general's complaint. Lance Cpl. Lacey Kohlman, a female guard, was convicted of dereliction of duty and sentenced to serve time at the Brig she used to guard. Another guard received administrative punishment and was transferred.

Broader Context and Data

The Federal Justice Department reports that the Brig in Miramar has a staff sexual misconduct rate nearly twice the average for prisons nationwide. Additionally, 51% of prisoner sexual abuse incidents in the USA involve female employees abusing male prisoners.

System-Wide Issues

Other incidents that occurred at the Miramar Brig include:

A male guard who bartered tobacco for nude photos of female guards.

A male guard who offered drugs in exchange for female guard pictures.

A female work supervisor who sexually assaulted Bardes in an office closet.

Implementation Challenges

The implementation of gender integration policies has led to several challenges, including allegations of retaliation and organizational dysfunction. Bardes alleged that he experienced retaliation after making accusations against guards, losing good time credits as a result.

Conclusion

The issues surrounding gender integration in prisons are complex and multifaceted. Balancing the needs of transgender inmates with the safety and rights of all staff members is crucial. It is essential to address these challenges through careful policy development, comprehensive training, and robust oversight mechanisms.