When Prison Reform Goes Wrong

A California law meant to protect transgender inmates has sparked fierce debate after a convicted rapist allegedly assaulted women in a female prison.

The Case That Changed Everything

Tremaine Carroll allegedly raped multiple inmates while at Central California Women’s Facility in Chowchilla after securing placement there by self-identifying as transgender. After his first cellmate became pregnant and was moved to Los Angeles, two other cellmates of his had complained that he had raped them. The 52-year-old is now facing two counts of rape, and one count of dissuading a witness from testifying. What makes this case particularly controversial is that The Transgender Respect, Agency and Dignity Act, which took effect in January 2021, allows California inmates to be placed in a facility corresponding with the sex they say they are. Under the law, a prisoner need not be on hormones, have had surgery, or undergo a psychological evaluation to be approved. The government considers their testimony sufficient.

A Law Born from Good Intentions

In California, a study of the state’s prisons found that the rate of sexual assault for transgender women in those prisons was 13 times higher than for men in the same prisons. In a 2011–12 survey, almost 40 percent of incarcerated transgender individuals reported experiencing sexual victimization while incarcerated compared to 4 percent of all incarcerated individuals. SB 132, which was passed in 2020 to help address the epidemic of violence against transgender incarcerated people and their frequent relegation to torturous solitary confinement in the name of safety. The law requires incarcerated transgender, non-binary and intersex people to request to be housed and searched in a manner consistent with their gender identity.

Unintended Consequences

The population that is made eligible for transfer under SB 132 that was not previously eligible for housing in women’s facilities are disproportionately sex offenders. Fully one-third of biologically male inmates seeking housing in women’s facilities in California are registered sex offenders. Shortly after SB 132 went into effect, the CDCR Division of Adult Institutions and California Correctional Health Care Services requested additional funds for fiscal years 2022, 2023, and 2024 because it “expect[ed] the PREA sexual assault allegations [to] increase” because “the department has identified the number of inmates who identify as transgender is increasing” due to SB 132. Carroll’s case isn’t isolated. Right now, SB 132 is victimizing real women here in CCWF and CIW, as well as vilifying real transgenders who are serious about their growth and healing. You, Sen. Weiner, have the authority to implement stronger applications of this law to ensure the safety of all involved and stop heterosexual men from impregnating and possibly raping women in CCWF and CIW.

The Legal Battle Continues

Women who allege they were raped in a California prison by a biological male claiming to be transgender will be compelled to refer to the defendant using she/her pronouns, a Madera County judge ruled last week. It may be disorienting to the alleged victims, as well, who will be vulnerable to speech policing from the judge—or directly from Carroll, their alleged rapist, who has opted for self-representation. This is a particular issue in this case because it’s confusing to the jury. In California, rape is a crime that has to be accomplished by a man. Meanwhile, The U.S. District Court for the Eastern District of California on Tuesday dismissed a lawsuit filed by an anti-transgender group against the California Department of Corrections and Rehabilitation (CDCR) challenging SB132.

A System Under Scrutiny

The Carroll case has reignited debate about prison reform and safety. Women’s rights activists tell Fox News Digital that Carroll, who was the public face of a campaign to support California law SB 132, which allows transgender prisoners to be housed in a facility consistent with their gender identity, is a case in point why the law harms incarcerated women. Housing transgender people according to their gender identity, when safe to do so, increases safety in prisons, upholds CDCR’s duty to protect all incarcerated people and promotes successful rehabilitation. But critics argue the system lacks proper safeguards. [SB 132] took away all of that safeguarding. [SB 132] took away the ability to make individualized case assessments. It made it illegal to discriminate on the basis of anatomy and including things like hormones. The debate continues as California grapples with balancing transgender rights and women’s safety behind bars.