Where should a transvestite go when she/he is put in prison?
A man take hormones and looks/sounds like a girl but still has a penis. She was going to get a sex change but has been arrested. Where should she go, woman's cell or men's cell?
Legally, he would be sent to a man’s cell. At the time of the arrest, he was considered legally a man. He committed the crime legally as a man. If he would have had the sex change before the arrest, he would then be placed in a woman’s cell if convicted of the crime.
This would be a transsexual, not a transvestite, and if having gone through the process to get on hormones and yet pre-op, it would be detrimental to this individual's gender transition to be placed in a cell intended for those of the male gender. I would forsee, in this situation, a legal battle ensuing if this hypothetical individual was placed in the general populace in a men's prison. It is entirely likely that the transitioning individual would be placed in solitary confinement for their own protection, at the very least.
At the risk of offending this answer seems pretty straightforward. In your question you label this person as a man in the first two words. Since gender is determined (at least legally) by our anatomy rather than sexual or gender identity, there is no other possibility. Had this individual had surgery then he would legally be s(he).
Here is an article where surgery was undergone and the inmate still has failed to receive treatment as a female. The law ... justice or just-us...
The proper name would be Transgender. If the man has taken the hormones to produce female breasts and widening of the hips,etc.. The person would more than likely be put in a man's prison, but I would have to agree with another, that the person would need to be placed in Solitary confinement, for their protection. Since transgender individuals are usually not accepted, which is unfortunate, they would not last a week in Gen Pop.
First of all, your question needs a correction. A transvestite is a cross dresser. A man that dresses as a woman or a woman that dresses as a man. I think the word you are looking for is transgender. A transgender person is someone who was assigned a gender at birth (example: male) and they do not identify with that gender. They may or may not decide to transition to female.
To answer the question of what prison she should be sent to, I think legally, with the way things are today, she would be sent to solitary confinement. If she has had all the surgeries, they may opt to send her to a women's prison.
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