Danish trans-rapist must remain in men’s prison
Photo AFP, Philippe Lopez
Northern Europe
A Danish prisoner who had a legal gender change to a woman must remain in a men’s prison, a court ruled. One of the court’s arguments is this prisoner’s crimes.
Keeping a biological male identifying as a female in a men’s prison is not a violation of human rights. That is the decision of Denmark’s Eastern High Court. It ruled that a Danish trans woman who changed gender from male to female in 2015 –but did not undergo a sex change operation– must serve prison time alongside other biological males.
Due to the gender change, the prisoner wanted to move away from the men’s prison. According to the person’s lawyer, the convict felt isolated and insecure. The Danish news website Nyheder reported that the prisoner accused other inmates of harassing, degrading and touching. Furthermore, the prison advised the inmate not to wear women’s clothing, as it is assessed that there is a risk of abuse.
The inmate also demanded the court’s word that a strip search or a urine sample would not be needed under the supervision of male staff.
However, the court argued that the prisoner is biologically a man since he had no gender surgery. Therefore, it is not a breach of the rules that strip searches and urine tests take place with male prison staff. Nor does their number or nature constitute inhumane or degrading treatment, it says. Furthermore, the high court notes that there has been no violation of the inmate’s right to privacy as described in Article 8 of the European Convention on Human Rights.
The inmate has twice been sentenced to custodial sentences for particularly dangerous rapes. In addition, also for attempted rape. Among other things, it is the judgments that the two courts use as a basis for the 62-year-old not being allowed to serve time in a women’s ward.
Therefore, one of the parts will be changed with the high court's judgment. The inmate must continue to serve time in the men’s section of Herstedvester Prison.
The inmate’s lawyer, Julie Stage, states that she has not yet had the opportunity to discuss the verdict with her client but tells Kristeligt Dagblad that she “definitely does not want to reject” that they will appeal the case and try to have it dealt with by The Supreme Court.
County Court cases rarely reach Supreme court-level. Most appeals will be deferred to one of the to Danish High Courts (the Eastern or Western Court) in first instance. Appeals in cases from the High Court may be directly appealed to the Supreme Court.
A few months ago, there was a comparable case in a prison in Scotland.
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