A new report from the nonprofit Independent Women highlights significant risks associated with housing biologically male inmates who identify as female in women’s prisons. The study, released Thursday and shared exclusively with Fox News Digital, warns of both physical and psychological dangers to biological women incarcerated alongside such inmates.
The report underscores that male inmates identifying as women are disproportionately likely to have committed sexual offenses. Nearly half of these inmates in federal prisons have sex-related convictions, compared to less than 12% of the general male prison population, according to Federal Bureau of Prisons (BOP) data.
“Placing trans-identifying males, especially those with intact male genitalia or a history of violent sex crimes, in close quarters with female inmates risks a serious deprivation of the female’s rights,” the report states. Advocates argue these policies prioritize gender identity over the safety of incarcerated women, leading to increased harassment and assault risks.
Under laws in several states, including California, Connecticut, Maine, and New Jersey, male inmates can request transfers to female facilities based solely on self-identification, without considering physical attributes or criminal history. Former inmate Amie Ichikawa, now an advocate for female prisoners, criticized these policies, stating, “The only requirement is for someone to state that they are a female.”
These policies stem from claims that male prisons violate the Eighth Amendment’s prohibition against cruel and unusual punishment for transgender inmates. Critics argue this prioritizes the comfort of biologically male inmates over the safety of women.
The report, titled “Cruel and Unusual Punishment: Stopping the Dangerous Policies Putting Men in Women’s Prisons,” calls on lawmakers to act. Independent Women’s legal director May Mailman stressed the need to reverse these policies, stating, “Women do not deserve to be housed in locked prisons with violent criminal males, period.”
While some states, such as Utah and Louisiana, prohibit male inmates in women’s prisons, most states handle such cases individually. The report emphasizes that policymakers have the authority to protect women and reject these policies.
The issue has gained national prominence, with high-profile figures like Kamala Harris supporting policies allowing male inmates in women’s prisons during the 2024 presidential campaign. Advocates for female prisoners argue that such policies disregard the rights of biological women and threaten their safety.
