V-Coding & prison rape: An essay on why prisoner rights are a transfeminist issue!
(Pt: V-Coding & prison rape: An essay on why prisoner rights are a transfeminist issue! /end Pt)
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People behave as if trans, gender diverse, and intersex (TGDI) rights are divorced from concepts like prisoner rights. This is not at all the case, as intersectionality enforces that ALL TYPES OF DISCRIMINATION interconnect!
V-coding & prison rape is just one of many ways that prisoner rights are a transfeminist issue (and I do intend to explore other types of prisoner issues in future essays!!)
V-coding (or "vulnerable" coding) is when prison guards decide to place TGDI people whom they deem "feminine" (regardless of how they actually identify) in prison cells with violent inmates.
This is done in order to act as sexual servants and keep the violence rate down (by having them be where all the violence is directed at.) It is a form of sex trafficking.
V-coding primarily targets trans women & transfeminine people, but other non-binary and intersex people are also v-coded if they are deemed "feminine enough" (regardless of how they actually identify.)
Additionally, trans men who are placed into prisons that align with their gender identity are also subjected to v-coding. (Though it is important to mention, that even trans men placed in women's prisons aren't safe - they are often assaulted by binary pericis men working as correctional officers. This isn't v-coding, but it's sexual violence nonetheless.)
How the trans person is allowed to present themself widely depends on the preferences of their prisonmate.
If the prisonmate would prefer them to be masculine, they are masculinized (meaning peritrans women, some perisex enben, & some intersex people are feminized/[de]transitioned against their will.)
If the prisonmate would prefer them to be feminine, they are feminized (meaning peritrans men, some perisex enben, & some intersex people are masculinized/[de]transitioned against their will.)
Alongside v-coding, correctional officers will often sexually assault TGDI prisoners.
If one of these TGDI people fight back against the officers or inmates abusing them, they will be wrongfully charged with assault, which will be used to increase their sentence &/or eliminate the chance of parole. They are often also punished by having their basic needs - such as toiletries and medication - withheld.
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Onto the studies/statistics!
Starting with "The centrality of relationships in context: a comparison of factors that predict the sexual and non-sexual victimization of
transgender women in prisons for men." (link)
A majority also reported experiencing sexual victimization, with 58.5% reporting having to do sexual things against their will while incarcerated and 23.8% reporting the same while living in their current housing unit.
They are also a diverse population in California prisons insofar as the majority are women of color, primarily Black (35%) and Hispanic (28%). Important for our analysis here, 88% of transgender women report having been in a marriage-like relationship with another prisoner during their incarceration history, 61.5% report being in a marriage-like relationship in their current housing unit, and 51.3% report engaging in a sexual relationship with another prisoner in their current housing unit.
Three questions generated data on three different types of victimization that constitute our dependent variables.
First, interviewers asked: ‘Have you ever had to do sexual things against your will with another inmate while living in here?’ This is our most direct and explicit measure of sexual assault.
Second, transgender women in this study were asked: ‘Have you ever had to do sexual things with other inmates that were perhaps not against your will, but that you would have rather not done?’ This question directs their attention to any kind of sexual victimization, regardless of whether they saw it as against their will and regardless of whether it qualifies as ‘sexual assault’ in their view. This measure recognizes a range of types of unwanted sexual activity in prison and acknowledges that consent in prison is a problematic concept.
The third question, which we ask after telling the interviewee we are now focused on non-sexual incidents, is: ‘Have you ever been hit, kicked, punched, or otherwise assaulted by other inmates?’ This captures their experience(s) of non-sexual physical assault.
This includes, for example, protective pairing – an institutionally derived coercive practice that involves ‘willingly’ engaging in sexual exchanges with another prisoner in an effort to avoid being harmed by other prisoners.
Up next, "Experiences of transgender prisoners and their knowledge, attitudes, and practices regarding sexual behaviors and HIV/STIs: A systematic review." (link)
Notes about this study!! It misuses the term "Caucasian" to mean white, so keep that in mind!! It also self-admits to not having enough trans men in the sample size, likely due to trans men not being properly categorized while incarcerated (ie; being misgendered and categorized as women.)
In a 2007 study, Jenness and colleagues reported that “sexual assault is 13 times more prevalent among transgender inmates, with 59% reporting being sexually assaulted while in a Californian prison.”
Other prisoners contribute to a large proportion of the violence, abuse, harassment and assault that transgender prisoners experience while in prison. However, a 2011 study of 6,454 transgender and gender non-conforming people in the USA found that among the 749 transgender women whom had been incarcerated, 38% reported they had been harassed, 9% physically assaulted, and 7% sexually assaulted by prison officers or staff. Similarly, transgender inmates from minority ethnic backgrounds experienced heightened prison officer harassment and physical or sexual assault compared to their Caucasian counterparts. Further, prison officers and health staff members often lack transgender-specific health knowledge, and regularly deny them general health care.
Participants in many studies reported on complex sexual relationships whereby coercive and transactional sex were engaged in an attempt to facilitate survival, as adaptive to and to cope with vulnerabilities. Others note that sex seemed consensual at the time, and later realized they were attempting to keep themselves safer. Further related themes included: forced sex due to sexual identity, being “sold for sex” and “exchange sex” (higher among transgender women.) Overt attempts were made to avoid sexual assault (e.g., remaining in videoed surveillance areas monitored by custodial staff), and perceptions of reduced likelihood of sexual assault when housed in a segregated unit for at risk populations, namely men who have sex with men and transgender women inmates.
Quote from Wikipedia (link) about "Captive Genders: Trans Embodiment and the Prison Industrial Complex," (because unfortunately I cannot access it myself without payment.)
According to the account of Kim Love found in Captive Genders: Trans Embodiment and the Prison Industrial Complex, "if you look like a female, they'll put you in a cell." Love was placed into a "shock holding cell", i.e. a high security cell; with an inmate they were told would be their "husband". This process was said to be essentially "pimping", as the prison staff would do nothing if the "wife" inmate resisted being V-coded. In addition, the prison staff would sometimes coerce the V-coded "wife" into furthering their sexual role with their "husband" by offering toiletries or medical favors—e.g. giving a "wife" gloves to be used as a condom.
According to the health care worker and artist Blake Nemec, "if they defend themselves against rape or other violence that occurs with their 'husband' or cellmate, it is common for them to be charged with assault then placed in the 'hole'. The assault charge then shreds the previous parole possibility or release date."
Special mention that I don't have any quotes for, but feel captures this issue in a simple, concise manner! The article: How V-Coding Endangers Transgender People in U.S. Prisons (link)
Moving onto "It's Still War In Here" (link). This focuses on the way that correctional officers use sexual violence against trans women.
Our research shows that sexual violence perpetrated by corrections officials is extremely pervasive. Three- quarters of respondents reported at least one experience of sexual violence by a corrections official while in a New York State Prison, including more than two-thirds who were touched in an inappropriately sexual way, and more than a quarter who were forced by a CO to perform oral sex.
Survivors pursued recourse through self-advocacy: 81% reported the sexual violence they experienced. While many of those who reported sexual violence received an investigative visit, few reported positive outcomes, and two-thirds experienced retaliation for reporting sexual violence. Retaliation included physical violence, property destruction, being written up on false charges, and being denied meals or other critical services. There are many ways in which an incarcerated person is forced to give up control of their body. From mandatory head shaves and prohibition of any individual expression, to strip searches following visits, bodily autonomy is wholly denied. Even if an individual manages to avoid the most violent of actions there are still daily degradations such as pat-downs. A pat-down search is one of the most common searches. Cisgender women and transgender people of any gender identity are to have a pat-down search of their breasts or chests with palms facing outward. Transgender women routinely report that officers grab their breasts and other body parts during unnecessary pat downs. While this is unlawful, it is incredibly hard to prove as pat downs are rarely caught on film, and it becomes a matter of a COs word against the word of an incarcerated person – a battle that incarcerated people rarely win.
Some of the types of sexual violence which respondents reported are technically allowed under the law, even as the law obscures its self-perpetuating avenues for abuse. According to Directive 4910, incarcerated TGNC people, “may request that a Correction Officer of the inmate’s preferred gender conduct the pat frisk.” However, the directive also stipulates that these requests are to be honored only “whenever possible,” which provides wiggle room for DOCCS to sideline the demands of incarcerated people. Furthermore, the directive also empowers CO’s to conduct the pat-frisk, no matter their gender, given the existence of “exigent circumstances.” Given the lack of clarity in the directive’s language, this means that every transgender woman who responded to our survey is, under current law, allowed to be searched by male COs. Many transgender women responded to the survey stating that searches—whether clothed or naked—by male COs were acts of sexual violence. This is a lawful act of sexual violence in New York State. This, in part, is why SRLP takes every opportunity to say that the way to end rape culture in prisons is to dismantle prisons.
75% of respondents reported at least one instance of sexual violence by Corrections Officers (COs). This includes:
-48% of respondents who reported violence from a single male CO.
-32% of respondents who reported sexual violence from multiple male COs.
Respondents reported numerous types of sexual assaults by COs:
-68% were touched in a way that felt inappropriately sexual while they were clothed, including 57% who had their chest/breasts touched, 43% who had their genitals grabbed, and 55% who had their bottom grabbed.
-36% were asked to strip search in front of other incarcerated people.
-36% were asked to remove their bra in front of male COs during a strip search.
-27% were forced by a CO to perform oral sex.
-18% had their naked genitalia touched by a CO.
-16% were forced to perform anal sex by a CO.
-20% were forced to perform another sexual act by a CO.
Under Directive 4040, any communication to a person holding a position within DOCCS, including subcontractors such as mental health specialists, counts as reporting an instance of sexual violence. This means that survivors can forego the formal grievance process. Survivors also have a longer period to report sexual violence than any other concern. Other concerns— from the denial of an extra blanket in the winter, to a DOCCS employee physically assaulting someone—must be reported within 45 days of the incident. For instances of sexual violence this is extended to “any time.” However reports, must be “timely” for proper investigation and services
Of those who indicated they experienced at least one form of sexual violence by a CO, 81% said they had reported sexual violence to a DOCCS employee, OMH employee, or volunteer.
When asked what happened after they reported an assault, a number of respondents reported inaction or being told there was insufficient evidence. Several respondents said the dismissal of their complaints hinged on the lack of DNA evidence. This is notable issue as not all sexual violence results in DNA evidence, not to mention with the enormous difficulty of getting DNA evidence from a prison setting to an investigating agency.
Of those who said they had reported sexual violence, 73% received an investigative visit. Though a few respondents described positive or partially positive outcomes of an investigation, many respondents who wrote about what happened after an investigative visit reported negative outcomes or impacts like retaliation, being accused of lying, being put in isolated confinement, or lack of follow up.
Of those who said they had reported sexual violence, 67% said they had experienced retaliation for reporting sexual violence. Respondents described the retaliation they faced for reporting:
“Ultimately, the administration or prison officials informed facility staff, CO’s which in turn make a hostile environment for me!” –Respondent HE
“Constant cell search, pat frisk and verbal harassment in front of inmates.” –Respondent K
“I’ve lost a lot of property, [and been] discriminated against when good positions came available in the mess hall.” –Respondent OC
“I reported a friend that was getting raped and was told if I did it again I would have a problem.” –Respondent SN
“Sent to the box, had mail thrown away, had personal property destroyed, received multiple retaliation misbehavior reports.” –Respondent TDC
“Lock me up, sent to the box, giving all my property away, not letting me shower [or] playing with my food.” –Respondent PD
“I’ve been threatened, assaulted, denied meals/Rec/toilet paper and supplies/shower/razor, targeted for unnecessary and destructive cell searches, personal property taken/broken, packages/mail lost or destroyed, denied commissary, commissary taken, set up for false disciplinary tickets/ keep lock.” –Respondent THL
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These studies may only have been done in the USA, but that doesn't mean the issue exists only there.
TGDI (trans, gender diverse, intersex) people get victimized in prisons worldwide; it is simply a neglected issue.
(PT: These studies may only have been done in the USA, but that doesn't mean the issue exists only there.
TGDI (trans, gender diverse, intersex) people get victimized in prisons worldwide; it is simply a neglected issue. /end PT)
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Here are some places to donate if you are willing/capable!!!
Transgender Law Center [link]. It focuses on helping trans & gender diverse people in USA prisons.
SLRP's Prisoner Justice Project (link.) It focuses on helping trans, gender diverse, and intersex people held in New York prisons. Even if your money doesn't go to that specific branch, it will be used to help low income TGDI people! SLRP is the program that wrote the "It's Still War In Here" article!
These aren't necessarily trans-centric, but they exist to advocate for prisoners!
Penal Reform International (link.) It is a global program meant to deconstruct the harmful ways that prisons are run, and promote justice and rights for all prisoners! It speaks out against the horrific way LGBTQIA+ people are treated!
Just Detention (link.) It focused on ending prison rape, primarily focused in the USA and South Africa, and has also spoken out against the disgusting ways that LGBTQIA+ prisoners are treated!
Cornell Center on the Death Penalty Worldwide (link.) It helps prisoners globally to not be executed, and calls out the way that LGBTQIA+ people and women are executed for standing up for their rights!!
Special shoutout: The Inmate Advocacy Program (link) provides trans care packages and gender affirming undergarments to trans prisoners, and also has a pen pal project! You can sign up to be a pen pal for a trans prisoner, if you'd like!! Which I think is so sweet!!
You can also donate to the Trans Empowerment Program (link), which funds the Inmate Advocacy Program, as well as multiple other programs for trans, gender expansive, Two-Spirited, and intersex people, especially those who are BIPOC &/or disabled!!
