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He said: "It follows that, so long as the claimant remains within the male prison estate, she is unable to progress towards the surgery which is her objective." The judge said the Ministry of Justice had recently produced a draft Prison Service Order (PSO) to give guidelines on managing gender dysphoria cases, but final approval had been delayed until the result of A's case was known.
He ruled that far greater restrictions were being imposed on A than would be the case in a female prison - "I doubt that similar restrictions would apply in the rare case of a biological woman held in a male prison".
Resulting in potential continuing identity confusion, low self-esteem, drug and alcohol abuse, self-mutilation and acting out behaviour.
Which further facilitates the vicious cycle of chronic dysfunction, which perpetuates criminal behaviour.
There is, underneath society's hatred of his transgressions, a possibility for that man to rise above his past ...
A transgender woman has spoken of the "hell on earth" she suffered after being raped and abused more than 2,000 times in an all-male prison.
The woman, known only by her pseudonym, Mary, was imprisoned for four years after stealing a car. “They are either trying to manipulate you or threaten you into some sort of sexual contact and then, once you perform the requested threat of sex, you are then an easy target as others want their share of sex with you, which is more like rape than consensual sex.
“I was flogged and bashed to the point where I knew I had to do it in order to survive, but survival was basically for other prisoners’ pleasure,” she said.
Lawyers for the 27-year-old inmate, who is still at the preoperative stage, described her as a “woman trapped inside a man’s body” and argued keeping her among men was preventing her from having a full sex change.
She will be moved to a women’s jail within weeks following the High Court ruling but the Ministry of Justice warned it will cost taxpayers an extra £80,000 a year because she will have to be kept in segregation.
She is a small statured 21-year-old transgender woman, five foot six, and one hundred and twenty pounds.
Because she hasn't had "bottom" surgery she is legally considered a man.
The court heard that in order to complete her change to full womanhood, she must live for a time as a woman and that could only be achieved if she was moved to a female jail.