Push to End Prison Rape Loses Momentum

PassionStar

Passion Star, a transgender inmate at the Barry B. Telford prison complex in New Boston, Tex. The scars are the result of a slashing by a gang member that required 36 stitches.

by Deborah Sontag

New Boston, TX (5-12-15) — The inmate, dressed in prison whites with a shaved head and incongruously tender eyes behind wire-rimmed glasses, entered the visiting room with her wrists joined as if she were handcuffed. At 31, she had spent her whole adult life behind bars, and it looked like a posture of habit.

She introduced herself: “My given name at birth was Joshua Zollicoffer, but my preferred name is Passion Star.”

A transgender woman whose gender identity has been challenged by the Texas authorities, Ms. Star herself is challenging Texas’ refusal to accept new national standards intended to eliminate rape in prison, which disproportionately affects gay and transgender prisoners. Last spring, Gov. Rick Perry declared in a letter to Attorney General Eric H. Holder Jr. that Texas had its own “safe prisons program” and did not need the “unnecessarily cumbersome and costly” intrusion of another federal mandate.

Ms. Star, who says she is a victim of repeated sexual harassment, coercion, abuse and assault in Texas’ maximum-security prisons for men, disagrees.

PassionStar2

Ms. Star accepted a plea deal of 20 years on a charge of aggravated kidnapping, the same deal as her former boyfriend and co-defendant. He was released two years ago.

“Look, I got 36 stitches and have scars on my face that prove the prisons are not safe and the current system does not work,” she said. “Somebody needs to be intrusive into this state’s business. Because if somebody was intruding, probably these things would not happen.”

After decades of societal indifference to prison rape, Congress, in a rare show of support for inmates’ rights, unanimously passed the Prison Rape Elimination Act in 2003, and Mr. Perry’s predecessor as governor, President George W. Bush, signed it into law.

“The emerging consensus was that ‘Don’t drop the soap’ jokes were no longer funny, and that rape is not a penalty we assign in sentencing,” said Jael Humphrey, a lawyer with Lambda Legal, a national group that represents Ms. Star in a federal lawsuit alleging that Texas officials failed to protect her from sexual victimization despite her persistent, well-documented pleas for help.

But over 12 years, even as reported sexual victimization in prisons remained high, the urgency behind that consensus dissipated. It took almost a decade for the Justice Department to issue the final standards on how to prevent, detect and respond to sexual abuse in custody. And it took a couple of years more before governors were required to report to Washington, which revealed that only New Jersey and New Hampshire were ready to certify full compliance.

Sexual Victimization in Prison

Note: Some inmates reported experiencing victimization by both another inmate and facility staff. Mental health statuses were determined by screenings as a part of the survey.

*Rates for transgender inmates are combined estimates from three surveys since 2007 and have a 95 percent confidence level at +/- 6.3 percentage points and +/- 6.5 percentage points.

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