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    Briefing Notes

    Transgender People, Crime and Prisons – Briefing Note

    Translucent TeamBy 17 Mins Read
    Transgender People, Crime and Prisons
    Transgender People, Crime and Prisons

    Summary

    Transgender People, Crime and Prisons - Briefing Note. This briefing note debunks harmful common narratives about transgender people, crime, and prison statistics, while advocating for policy changes to improve the safety and well-being of transgender prisoners.

    Transgender People, Crime and Prisons – Briefing Note

    There is a common theme in the culture war against trans women perpetuated by trans-hostile actors and the right-wing media in the UK that most trans women held in British prisons are sex offenders. This briefing note aims to provide accurate information to explore the narrative. We also examine the current practice of invariably housing trans women in the male estate and the potential consequences. 

    Accurate crime statistics are essential in challenging misconceptions about the types of crimes committed by different demographics within society. For instance, while many believe that the most common offence women would be stopped and arrested for would be shoplifting, the 2023 Police Powers and Procedures: Stop and Search and Arrest  (PPPSSA) statistics surprisingly revealed:

    “Both males and females were most commonly arrested for violence against the person offences, accounting for 44% of all male arrests and 56% of all female arrests. This was followed by arrests for theft offences (13% for both males and females).

    [Emphasis ours]

    A common narrative perpetuated by trans-hostile activists and media focuses on a fictional figure of incarcerated transgender woman – modelled after the infamous Karen White – who purportedly seeks to be housed in the female estate in order to gain access to, and sexually assault, cis women.

    Since 2018, this figure has come to dominate the debates not only around penal policies (forcing the introduction of greater restrictions on trans offenders, due to the putative risks they present to other inmates), but also around transgender rights beyond the prison walls. It has served to illustrate the dangers of allowing people to ‘self-identify’ their gender, has been weaponised to block the much-needed updates to the Gender Recognition Act of 2004, and has been employed to slander, ‘by association’, all (imprisoned) trans women as ‘sex predators’. This figure has effectively overshadowed if not completely blocked from the public eye, the real trans women, men, and non-binary individuals languishing behind bars. In this briefing note, we aim to set the record straight, countering misinformation with facts

    Transgender Women in Men’s Prisons – Latest Research

    The book “Transgender and Non-Binary Prisoners’ Experiences in England and Wales” authored by Dr Olga Suhomlinova (University of Leicester) and Dr Saoirse Caitlin O’Shea (Open University), published in November 2024 by Emerald, is the first academic study of trans women and non-binary individuals in the English prison system. Drawing on a correspondence research project conducted in 2019-2023 with 19 trans women and 4 non-binary prisoners located across 19 prisons for men (with 346 letters received, totalling half-million words of text) and on the analysis of Ministry of Justice and HM Prison and Probation Service (HMPPS) policies and statistics, the research provides a ‘reality check’, as well as reveals some harrowing issues.

    First, some figures: based on the Census of 2021 and HMPPS data, as of 2021, 0.078% of transgender and non-binary population of England and Wales was incarcerated, vis-a-vis 0.314% of cis male population and 0.013% of cis female population.

    According to the HMPPS statistics, approximately two-thirds of prisons in England and Wales (84 out of 122 prisons in 2024) house at least one transgender or non-binary offender. [Source: HM Prison and Probation Service (2024) HMPPS Offender Equalities Annual Report 2023 to 2024.
    Table 2.1:  Protected characteristics and self-identified gender identity of the transgender prisoner population in England and Wales, March/April 2016 to 31st March 2024. Available at: https://assets.publishing.service.gov.uk/media/6747257177462f78091474e1/2._Transgender_prisoners.ods; accessed 3 January 2025]

    Nearly all transgender women without Gender Recognition Certificate (GRC) (145 in 2021, 162 in 2022, 198 in 2023, and 225 in 2024) and non-binary persons (whose number is not properly reported, but estimated at around 10 to 20 individuals each year in 2020s) are located in the male estate. All transgender men are located in the female estate (with just one known case of a trans men housed for a few months in a men’s prison at his request). HMPPS does not report gender identity of prisoners with Gender Recognition Certificate and their location in the prison estate. As of 2024, 10 prisoners had GRC. [Source: same as above]

    In contrast with the emphasis of prison policy and anti-trans narratives in the media on putative risks that trans women prisoners present to other inmates, the research reveals that it is trans women who are at risk, as they are commonly victimised – sexually, physically, and emotionally – and at higher rates than other inmates.

    Based on the Ministry of Justice data on the number of sexual assaults trans women in the male estate (Atkins, V. 2022. Prisoners: Transgender People. House of Commons, Written Answer, 24 January 2022, UIN 107674. Available at: https://questions-statements.parliament.uk/written-questions/detail/2022-01-19/107674 [Accessed 4 May 2024]; and Frazer, L. 2020. Prisoners: Sexual Offences. UK Parliament: Written answer, 19 May 2020, UIN 45149. Available at: https://questions-statements.parliament.uk/written-questions/detail/2020-05-11/45149 [Accessed 4 May 2024]), the authors calculated that 12% of trans women prisoners were sexually assaulted in 2017/2018 and 9% in 2019. In their own project, the numbers were yet higher, as 29% of participants had been sexually assaulted. Out of 19 trans women, three were raped by other prisoners (one was gang-raped; another was abused daily over the course of several weeks), one fought off three attempted rapes; and two had been sexually assaulted by members of prison staff. For comparison, in 2021/2022, according to the Ministry of Justice data (Ministry of Justice. 2023a. Assaults in prison custody 2000 to 2022. London, UK. Available at: https://assets.publishing.service.gov.uk/media/653673d30b53920013a92b84/safety-in-custody-assaults-dec-22.xlsx [Accessed 21 January 2024]) 0.4% of inmates in men’s prisons were sexually assaulted, although, per the findings of the HM Inspectorate of Prisons surveys the rates were higher, with 3% having been sexually assaulted by other prisoners, and 2% by staff (HM Chief Inspector of Prisons for England and Wales. 2022. Annual Report 2021–22. Analysis of prisoner survey responses. London, UK. Available at: https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/annual-report-2021-22/ [Accessed 25 September 2022]).

    Importantly, most sexual assaults go unreported. None of the study’s participants reported assaults on them to the prison authorities, for fear of retribution or due to the lack of faith in the prison staff’s capacity to act upon such reports.

    Needless to say, support for victims of these assaults is non-existent. The transgender woman victim of repeated sexual assaults by another prisoner, in order to access therapy for her trauma, applied for a transfer to the only prison (in female estate) in which such therapy is offered, and went through a lengthy (two-year-long) review process to assess her suitability for transfer, only to have her request refused after the change in policy in February 2023.

    Physical assaults on trans prisoners were also common. While reliable statistics for the Prison Service as a whole is lacking, reports of physical assaults against trans women in the study were numerous. One trans woman had her nose broken; another had been ‘hot watered’ (this, as she explained, meant ‘having scalding hot water thrown over you, usually with sugar to make it more painful and the water to stick to the skin’). Many experienced ‘potting’ (i.e., having excrement thrown at them). The perpetrators were rarely, if ever, punished; and even when the matters were serious enough to be reported to the police, prosecuting the offenders was deemed to be ‘not in the public interest’.

    Emotional victimisation was rampant: degrading sexualised comments and transphobic insults were a daily curse of trans women’s lives. As Jerika (pseudonym), one of the participants in the study, explained:

    Inmates can be divided into groups,

    Group 1 believe transwomen should be “Put Down”, they give the trans community a hard time and make life so miserable many trans people turn in on themselves, some self-harm and some try suicide, I lost a friend a while ago because of this group of inmates.

    Group 2 believe transgenderism is a sexual thing and that “a man wearing a dress wants to suck cock or be fucked”. These inmates are the ones who commit sexual harassment and/or sexual assaults on trans people.

    Group 3 are the inmates who are open-minded but haven’t a clue as to what trans is all about. This group sometimes ask questions but sometimes they’re afraid of what the people in Groups 1 & 2 will think.

    Group 4 are the inmates who accept everyone at face value.

    Group 5 are the most dangerous people they are the ones who for one reason or another want to have sexual intercourse with transwomen but don’t want their friends in Group 1 to find out, so they will encourage violence against transgenders while not actually taking part in attacks

    Access to gender-affirming healthcare in prison presents an enormous problem for the incarcerated trans women. Those who begin medical transition in prison or want to continue private or self-prescribed treatment started before the incarceration face exceedingly long waiting times for diagnosis and subsequent access to hormone replacement therapy (HRT). The majority of trans women in the study were unable to obtain treatment for many years. One trans woman waited for her prescription for 10 years. She first approached the prison for referral to Gender Identity Clinic in 2011 but only received the prescribed hormones in the late 2021. Another had requested the referral in 2019 and eventually promised the first consultation at the clinic… in 2025. Yet another had been treated by a private gender clinic prior to incarceration, but received no treatment during her entire two-year confinement, and experienced a ‘forced detransition’. The results of the two years of her pre-prison transition were wiped out; and the money spent on assessments and treatment were lost.

    The interminable waiting for gender-affirming treatment frequently leads to depression and self-harm and occasionally forces some trans women to take the matter in their own hands, by performing autocastration or autopenectomy. Three (15%) of trans women respondents attempted genital gender-affirming surgery on themselves in prison.

    Obtaining gender-appropriate clothes, footwear, and hair, make-up and personal hygiene products for trans women located in the male estate is equally difficult. The problem is a combination of ‘allowability’ (i.e., national and local prison policies on what prisoners are allowed to wear and have in their possession), accessibility (i.e., policies on how prisoners can obtain items in/from prison), and affordability (i.e., ability to purchase allowable and accessible items, given lack of financial support from family and friends and meagre prisoner pay).

    Trans women also suffer from poor access to showering facilities. Majority have to use communal showers, but are unable to use them unmolested, either because they are not provided opportunity to shower on their own (due to the lack of staff and the rigidities of the prison regime) and/or because shower rooms provide no privacy by design.

    Targeted for abuse by other prisoners and lacking support for medical transition and presenting as women, trans women prisoners suffer from deteriorating physical and mental health. The rates of self-harm incidents by trans women in men’s prisons far exceeded the rate in the male estate and were similar to that in the female estate. Per author’s calculations based on the Ministry of Justice data, the respective rates (per 1,000 prisoners) were: 2017/2018 – 2,912 (trans women), 668 (male estate), 2,667 (female estate); 2018/2019 – 1,233 (trans women), 762 (male estate), 3,144 (female estate); 2020-2021 – 1,572 (trans women), 688 (male estate), 3,702 (female estate). [Sources: number of self-harm incidents by trans women – Atkins, V. 2022. Prisoners: Transgender People. House of Commons, Written Answer, 24 January 2022, UIN 107674. Available at: https://questions-statements.parliament.uk/written-questions/detail/2022-01-19/107674 [Accessed 4 May 2024]; rates in male and female estates – Ministry of Justice. 2023b. Self-harm in prison custody 2004 to 2022. London, UK. Available at: https://assets.publishing.service.gov.uk/media/65aa839e1ca1d40013924209/safety-in-custody-self-harm-dec-22.xlsx [Accessed 14 April 2024], Table 2.1). Most of trans women in the study self-harmed

    Some are driven to suicide. Between 2006 and 2023, 8 trans women and 1 trans man took their lives in prison. Using the standard reporting rate of self-inflicted death per 100,000 prisoners, the two trans prisoner suicides that occurred in 2016, relative to the total population of trans prisoner recorded that year (69), translate into the rate of 2898. For comparison, in 2019 the suicide rate in the male estate in England and Wales was 100 and in the female – 130  (authors calculations based on Ministry of Justice. 2024. Deaths in prison custody 1978 to 2023. Available at: https://assets.publishing.service.gov.uk/media/65b0e9d9160765000d18f7a6/Deaths_in_prison_custody_1978_to_2023.xlsx [Accessed 12 April 2024]).

    Transgender People, Crime and Prisons – The Sex Industry

    Evidence presented to Parliament suggests that 4% of people “selling sex” are trans women, a truly horrifying statistic given they represent just 0.2% of the general population. This massive disproportionality will obviously result in a significantly higher conviction rate for sex offences compared to cisgender women.

    This evidence is supported by the fact that when it comes to the murder of trans women, many are involved in the sex industry, where violence is commonplace. On average, six prostitutes are murdered each year. Trans women victims include Andrea Wadell (Brighton 2009), Destiny Lauren (London 2009) and Naomi Hersi, (Heathrow 2018). 

    Transgender People, Crime and Prisons – Workplace Discrimination

    Because of discrimination in the workplace, many trans people are unable to get a job, with Crossland Solicitors reporting:

    “Our shocking new report reveals a strong prejudice among UK employers towards transgender workers with 1 in 3 employers admitting they are ‘less likely’ to hire a transgender person and nearly half (43%) unsure if they would recruit a transgender worker.”

    Because of unemployment, one in four trans people suffer homelessness at some point in their lifetime, and desperation leads to working in the sex industry. 

    Transgender People, Crime and Prisons – Fake Claims

    There is evidence that some self-id as transgender – take the often quoted case of Stephen Wood, aka Karen White, where the senior prosecutor at trial said:

    “‘Allegedly’ transgender. The prosecution says allegedly, because there are smatterings of evidence in this case, that the defendant’s approach to transitioning has been less than committed.” He continued: “The prosecution suggests the reason for the lack of commitment towards transitioning is so the defendant can use a transgender persona to put herself in contact with vulnerable persons she can then abuse”.

    Another high-profile case is that of Adam Graham, aka Isla Bryson, with the then Scottish First Minister saying he was “almost certainly faking being trans.” 

    The Isla Bryson case got considerable press attention because Bryson was held briefly in the female estate. The media fails to mention that at all times, Bryson was held in a segregation unit and at no time mixed with natal females. Therefore, contrary to the misinformation still being claimed (again as suggested in The Telegraph article), no woman was ever placed at risk. 

    Statistics could also become “skewed” by the fact that to gain access to gender-affirming clothing, both non-binary and cross-dressing men have to self-identify as “trans” before being allowed female clothes. Incredibly, the status of “non-binary” does not officially exist.

    Transgender People, Crime and Prisons – Prevalence

    While there is a consistent stream of media attention concerning trans people involved in crime, statistics show cisgender people commit crimes more regularly than trans people. The makeup of the England & Wales (E&W) prison population shows this:  

    The E & W cisgender population is 59.6 million – the cisgender prison population is 87,900 = 0.15% of people in E & W are in prison.

    The E & W trans population is 262,000 – the trans prison population is 268 = 0.1% of trans people in E & W are in prison.

    From this statistic, we learn that cisgender people commit crimes at a 50% higher rate than trans people.

    Evidence from the research conducted by Olga Suhomlinova and Saoirse Caitlin O’Shea using official statistics dating from 2021 revealed that while 0.5% of the population identify as transgender or non-binary, they represented just 0.2% of the prison population. 

    Transgender People, Crime and Prisons – Trans Women & Trans Men

    Another anomaly in the statistics is that while 96% of the cisgender prison population is male and 4% female, the trans prison population is 84% trans women and 16% trans men. The reasons likely include trans men suffering depression, anxiety, discrimination, unemployment issues, and, consequently, poverty. For safety reasons, trans men nearly always elect to be housed in the female estate. Likewise, as long as not convicted of any violent or threatening act against natal females, trans women should be housed according to the safety risk they face.

    One ex-offender trans woman who was held in the male estate for the entirety of her sentence said on release: 

    “I’ve lost count of the things that happened to me inside. I’ve been cut with razor blades; I was stripped and pinned down. I had boiling hot water, and sugar poured all over me. I got stabbed. In Wakefield, I was raped. In Feltham, I was gang-raped – the group stuck a pool cue in me”.

    Because of gender-critical and right-wing media campaigns, there has been a significant reversal of public opinion and policy regarding the placement of trans offenders. In October 2015, the BBC reported that over 140,000 people signed a petition to move trans woman Tara Hudson from a male-to-female prison – the final figure reached was 158,197. Given all the negative trans women publicity over recent years, it is inconceivable that this would now occur. Still, with a policy of trans women almost certainly being placed in male prisons, it remains vital that policy decisions are evidence-based and not perception-based.

    Transgender People, Crime and Prisons – Deaths

    Sadly, now around 97.5% of all trans women are housed in the male estate, putting them at significant risk of violence, sexual assault and suicide.  In 2015/16, three trans women, Vicky Thompson, Jenny Swift and Joanne Latham, took their own lives. The organisation ‘Inquest’ calls out deaths in prison, saying in July 2024:

    “There have been a number of self-inflicted deaths of transgender women held in men’s prisons. That we are aware of, there has been one death of a transgender woman held in a men’s prison [so far] in 2024 (awaiting classification) and two in 2023 (one self-inflicted, one awaiting classification); there has also been one death of a transgender woman in a men’s prison each year in 2018, 2017 and 2016, two in 2015, and one in 2013. One of the self-inflicted deaths listed above (in 2016) was of transgender woman held in a women’s prison, and we are also aware of the death of a transgender woman held in a women’s prison in 2006. There has been one self-inflicted death of a transgender man held in a women’s prison in 2022.

    Transgender People, Crime and Prisons – Conclusion

    The current “Care and Management of Individuals who are Transgender” issued by The Ministry of Justice has, over the past six years, eroded the human rights of trans women, which will almost certainly lead to an increase in the loss of life of trans people.

    TransLucent calls for all trans women with proven track records of being transgender and who are not a threat to women to be held in prisons that align with their gender. We ask the government to consider looking at other options, including trans units (similar to Mother and Baby Units) and LGBT prisons. 

    We also ask the government to consider recording statistics differently by: 

    1. Record those who have a history of being transgender before being charged, separately from those who claim trans status after arrest.
    2. Record sex offences more specifically. Given the numerous offences possible under the Sexual Offences Act 2003, more details are required about offences committed that will allow the true data to be understood.

    ENDS

    REFERENCES:

    Transgender People, Crime and Prisons – Briefing Note (first published 18/01/25 -updated 24/01/25)

     

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    A team of authors with a mission to advocate for and promote the UK’s Transgender and Gender Diverse community in order to advance visibility, acceptance, legal recognition and healthcare.

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