New Prison Rules Take Consider Sexual Orientation and Gender Identity for Safety

Harrison County Jail in Houston, Texas is revamping the way that it assigns inmates housing, and this change has ramifications for the LGBT community. The changes, coming in response to a law signed by President George W. Bush called the Federal Rape Elimination Act, seek to eliminate rape in all local, state, and federal lockups. However, the process has not always gone smoothly or quickly because of conflicts between state regulations and federal law.
In the past, inmates have been assigned to housing based on their assigned biological gender. One inmate, Tyniesha Stephens, is an example of the problem that this policy engenders. Stephens identifies as a woman but has been placed in an inmate residence that houses primarily gay men. With the new rules in place in Houston, prison officials will now be able to consider a wider range of issues when placing prisoners in housing, including both sexual orientation and gender identity. The goal is to make each prisoner as safe as possible from assault, both sexual and physical, during their time in the penitentiary.

Harrison County Jail has a higher than average sexual victimization rate, with over 6 percent of inmates reporting some form of sexual victimization. Traditionally, these rates are higher for LGBT individuals. Through more thoughtful inmate housing, increased prison staff presence, and a more understanding approach towards prisoners’ rights, Houston hopes to combat these issues head-on so that they do not continue this cycle of violence.

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