Home -> Law Blog Directory -> Legal Commentary Blogs -> Althouse

Legal Commentary

: Althouse

Convicted of manslaughter and attempted rape, a man who has not yet had sex reassignment surgery wins the right to be transferred to a woman's prison.

This legal right ? under Article 8 of the European Convention on Human Rights ? was recognized by the High Court of London:

The prisoner is in her 20s and serving a life sentence for manslaughter and attempted rape....

Describing her as ?a woman trapped inside a man?s body?, her barrister, Phillipa Kaufman, said the final step to her achieving full womanhood is gender reassignment surgery - but she had been told she cannot have it while in a men?s prison.

Doctors have refused even to consider her for the operation unless she fulfills the ?living role requirement? - living as a woman for an extended period; so she has no hope of getting the surgery she so desperately wants unless moved to a women's jail.

The barrister told Judge David Elvin, QC, that, although the woman has now served her minimum jail term, she has been told by the Parole Board that she remains an unnacceptable risk to the public, still has ?a great deal of work to do? and is ?nowhere near release?.

That, Miss Kaufman argued, was a direct result of her intense frustration at being unable to have gender reassignment surgery...

Regardless of any extra cost involved, the judge said that to block her progress towards full gender reassignment surgery was irrational and would only increase her risk to the public.

Risk to the public? But this person is serving a life sentence!

The transsexual prisoner, referred to in court only as ?A?, was convicted of manslaughter and jailed for five years after smothering her boyfriend with a pillow and strangling him with a pair of tights.

5 years have been served for this killing, and the court finds a right of this person to be put with women in order to do "a great deal of work" and win release.

Her life sentence tariff, the minimum period she must serve before being considered for parole, expired in 2007.

So 3 years was enough for murder!

The judge said that her detention in a men?s jail had both scotched her desire to live fully ?in role? as a woman - and thus qualify for a full gender reassignment - and had also had a ?serious adverse effect? on her ability to take part in work aimed at reducing her risk status and moving towards release.

Just a little lesson in European-style human rights for you this morning. The linked article says nothing about the human rights of the women prisoners who now must live with a very angry person who: 1. attempted rape and still has a penis, and 2. was strong enough to smother a man with a pillow and tights.

How long does it take to smother someone to death with a pillow? 2 to 3 minutes, if he doesn't manage to struggle the pillow away for a gulp of air. Try to picture what this person was able to do 5 years ago and think about why 3 years ? 1 year for each minute of strongly applied murderous pressure to a struggling human being ? is an adequate sentence.

Full post as published by Althouse on September 05, 2009 (boomark / email).