men in women’s prisons

Prioritizing Safety: Why Housing Trans-Identified Males in Women’s Prisons Puts Vulnerable Women at Risk

By Sharnellia Bennett-Smith

Recent statistics reveal that nearly two-thirds of trans-identified males, who are men identifying as women, housed in women’s prisons are serving sentences for sex offenses. These figures underscore the urgent need to critically examine the policies that allow men to be placed in women’s facilities, as they raise serious concerns about public safety, fairness, and the rights of incarcerated women.

The reality is that women in prison are overwhelmingly incarcerated for non-violent crimes, often stemming from circumstances of poverty, abuse, and trauma. Conversely, the male prison population, including trans-identified males, reflects significantly higher rates of violent crimes, particularly sexual offenses. Allowing men, even those who identify as women, to be placed in women’s prisons fails to account for these statistical realities and puts women at considerable risk of harm.

Placing trans-identified males in women’s prisons undermines the foundational principle that women’s facilities are meant to provide a safe and secure environment for female inmates. Women’s prisons were created with the recognition that sex-based differences matter in contexts like incarceration. The physical disparities between men and women, along with the documented patterns of male violence, make it essential to maintain these protections. When men, particularly those with histories of violent or sexual offenses, are allowed into these spaces, it not only compromises the safety of female inmates but also diminishes the hard-won rights of women to have sex-specific spaces.

It is crucial to address this issue with evidence-based policies that center the needs and rights of women. While individuals are free to express their gender identity, the reality of biological sex cannot be ignored in situations where safety and fairness are at stake. Men, including those who identify as women, are statistically more likely to commit violent and sexual offenses, and this reality must inform decisions about prison placements. Policies that allow self-identification to dictate housing ignore the risks posed to vulnerable women and prioritize the preferences of male offenders over the safety of female inmates.

Women in prison are among the most vulnerable populations, many of whom have already endured significant trauma. Introducing men into these spaces—men who are often incarcerated for violent crimes—exposes these women to additional risks and exacerbates the power imbalances already present in prison environments. This is not a hypothetical concern; it is a documented reality that must be addressed.

Fairness and safety demand that prison placement policies be based on biological sex rather than gender identity. Housing trans-identified males in facilities that align with their sex, not their self-identified gender, is a necessary step to protect women and uphold the principles of justice. Women’s rights to safety and dignity in prison should not be compromised to accommodate male offenders.

The data on the incarceration of trans-identified males serves as a stark reminder of the need to maintain sex-based protections in spaces where they matter most. Protecting women in prison is not about excluding or discriminating against anyone; it is about ensuring that the safety and dignity of women are not sacrificed for policies that ignore biological realities. Recognizing the distinct needs of men and women in these contexts is essential to creating a fair and just criminal justice system that works for everyone.