Abused transgender parolee sues prison

Aug. 2—The California Department of Corrections and Rehabilitation (CDCR) is in the hot seat these days: its health-care management is under federal receivership and a panel of judges just promised to begin reviewing prisoner release options due to dangerously overcrowded conditions. Even though her trial ended today with a hung jury, a courageous lawsuit by Alexis Giraldo, a Puerto Rican transgender woman prisoner, increased that heat by exposing the daily rape, sexual abuse and inhumane treatment of transgender, gender variant and intersex prisoners in this state.

Leaders of the fight for justice for transgender prisoners gather outside the courthouse on July 30. Left to right: Alexis Giraldo, Ms. Major and Kelani. WW photo: Judy Greenspan

Not only did Giraldo bravely stand up to the racist, homophobic and transgender-phobic prison system, but her case has also inspired and energized hundreds of transgender and other human rights activists in the state. Yesterday, approximately 100 supporters held a silent vigil outside the federal courthouse. Demonstrators placed tape over their mouths to dramatically protest the prison system’s refusal to stop the violence against transgender prisoners. The protest was organized by the Trans/Gender Variant in Prison Committee (TIP).

Giraldo was sent to Folsom prison in January 2006 for shoplifting and a parole violation. She was placed in general population in a men’s prison for three months. There she was held captive in the cell, raped and sexually assaulted by cellmates. She had made several attempts to alert prison guards and medical staff, but her cry for help was not taken seriously. Finally, after being violently attacked with a box cutter by one of her cellmates, she was placed in isolation and eventually moved to a prison designated for transgender prisoners.

Giraldo’s lawsuit against the California Department of Corrections and Rehabilitation and the guards directly involved with the incident sought to bring about changes in the housing and overall treatment of transgender prisoners. According to the TGI (Transgender, Gender Variant and Intersex) Justice Project, transgender prisoners experience human rights violations on a daily basis. Besides sexual assault and rape, TGI prisoners also face physical brutality, medical neglect, constant verbal abuse and discrimination.

The trial, which began on July 17, was attended every day by Giraldo, who was paroled from prison just days before it started. Giraldo, despite the state’s best attempts to humiliate her and dismiss her claims, took the stand and courageously testified in open court. Her presence every day in the courtroom was inspirational according to several TIP activists.

Expert witnesses also exposed the inhumane treatment of transgender prisoners. Valerie Jenness, a University of California—Irvine criminologist who recently studied sexual assaults in this state’s prisons (for the prison system), testified at the trial that 59 percent of the state’s transgender prisoners have reported being sexually assaulted, compared with 4 percent of the general population. The CDCR apparently doesn’t even read its own reports and studies.

According to Ms. Major, a transgender activist and former prisoner, this case exposed the truth about the treatment of transgender prisoners. “There is a myth that we [transgenders] have a good time in prison and that’s not the case at all. We are abused, raped and humiliated,” Ms. Major, the TIP community organizer, stated.

Giraldo and her attorney Greg Walston have not decided whether to appeal the hung jury and ask for a new trial. Whatever the legal outcome, transgender activists in TIP and the TGI Justice Project are encouraged by the large community outpouring in support of Giraldo and will continue their efforts to support transgender prisoners.

According to Ms. Major, this trial was significant because it brought to light the atrocities and exposed the truth. “At least now no one can say they didn’t know,” the transgender organizer concluded.