Male Prisoner With Penis Transferred to Women's Jail After Legal Sex Change
A biological male accused of violently assaulting his female partner was placed in a women's prison in Western Australia after legally changing his sex, despite having undergone no gender-affirming surgery and retaining male genitalia. The case has ignited alarm within corrective services, with officials privately describing the situation as unprecedented and deeply disruptive.
Unprecedented Transfer Triggers Safety Concerns
Western Australian prison authorities were blindsided when the inmate produced a revised birth certificate declaring him female, triggering his transfer to Perth's Bandyup Women's Prison following his arrest last year. The inmate was immediately segregated from the general prison population amid concerns that housing a person with a penis in an all-female jail posed significant safety and management risks.
The accused has since been granted bail and is awaiting trial, but if convicted, he will serve any sentence in a women's prison under the state's gender recognition laws, which were introduced last year. These laws allow a person to change their legal sex without undergoing surgery, a provision that has now raised urgent questions about prison safety protocols.
Government Response and Policy Review
Corrective Services Minister Paul Papalia emphasised that the safety of prisoners and staff remained paramount, confirming that inmates who have not undergone gender-affirming surgery would be isolated from the general population. 'Safety is my number one priority and any prisoner who hasn't undergone gender-affirming surgery will be isolated from the general population,' he stated.
A spokesperson for the Department of Justice added, 'The Department of Justice has a policy to manage transgender prisoners, which protects the welfare and rights of the prisoner and others in the custodial environment.' It is understood that the department is considering building a separate facility to accommodate transgender inmates, as the management of such cases requires special attention that prison officers describe as a 'headache' at a time when jails are overcrowded.
Broader Implications and Similar Cases
News of this transgender controversy at Bandyup comes as the Victorian Government secretly compensated a female prisoner who was sexually assaulted by a transgender killer locked up in a women's jail. Killer Clinton Rintoull attacked the prisoner at Victoria's HM Tarrengower Prison in 2022 after being transferred there from a men's facility while transitioning from male to female.
In response, Corrections Victoria last month updated its policies for the placement of transgender prisoners to give them less say over where they are held in custody. Senior government sources indicate that a blanket ban on male-born transgender killers or sex offenders being housed in female prisons is being reconsidered amid revelations of Rintoull's offending.
Policy Shifts and Political Reactions
Rintoull is one of at least seven biological males who have been transferred from men's prisons to Victoria's female-only jails, including the Dame Phyllis Frost Centre and HM Tarrengower. In October, Corrections Minister Enver Erdogan directed Corrections Victoria to update policies relating to transgender criminals, placing greater consideration on the prisoner's offending history rather than their transgender status.
An updated policy published last month removed a requirement that a 'person should be imprisoned in the prison of their gender rather than their sex assigned or assumed at birth' as a guiding principle. Victorian Opposition Leader Jess Wilson has committed to banning male-born 'transgender sex offenders' and paedophiles from the state's female prisons, highlighting the growing political divide on this issue.
A spokesperson for the Allan government avoided commenting on the secret payout, stating, 'The safety and welfare of all prisoners in the system is paramount when determining placements. Corrections Victoria has updated its placement policies so it's clearer that this must be the first consideration when deciding where prisoners go. We stand ready to act further if needed.'
