Trans prisoner assault of a fellow prisoner in a Victorian women’s jail

Trans prisoner, Herald Sun

A secret payment by the Victorian Government to a female inmate of Tarrengower women’s prison who was sexually assaulted by a trans-identifying male murderer in 2022 has been revealed in a Herald Sun story.
The murderer was moved to the minimum-security Tarrengower female prison after transitioning while serving a 20-year sentence. They then sexually assaulted a female inmate in 2022. The Herald Sun reported that last week, the Victorian government settled a secret lawsuit with the victim for an undisclosed amount.

The murderer was sentenced after a racist attack on a 19-year-old Sudanese refugee, according to the paper. They were transferred to a male prison after the 2022 attack. The Victorian government has now changed the rules for transgender prisoners. Previously, the rule was “a person should be imprisoned in the prison of their gender rather than their sex assigned or assumed at birth,” now the nature of the offence and the safety of the prison will rank more highly.

The revelation of the Tarrengower case follows reports by The Australian’s Stephen Rice of a trans-identifying child sex offender in a Victorian women’s jail, and a SA case of a women’s prison inmate being sexually assaulted by a trans prisoner.

The Australian Christian Lobby has called for all transgender prisoners to be removed from female jails. “The incident highlights the danger of policies that prioritise gender identity over biological sex in high-risk custodial environments. Women in prison cannot choose their accommodation and cannot remove themselves from situations where they feel unsafe.

“Victoria’s prisoner placement policies are shaped by the Births, Deaths and Marriages Amendment Act 2019, which allows self-identification of sex without medical or surgical requirements. That law has weakened clear safeguards and directly undermined the safety and dignity of women in custody. This outcome was foreseeable and preventable.

“Other jurisdictions have already acted to protect women in prison. The Northern Territory has banned the placement of male prisoners in women’s correctional facilities. Yet Victoria has refused to take the same step, despite growing evidence of harm.

“ACL Victorian Director Jasmine Yuen said the Government must now be held accountable. ‘Women in prison are entitled to safety and privacy.’ Mrs. Yuen said. ‘Allowing male prisoners into women’s prisons is not inclusion. It is negligence.'”

Detransitioner wins damages

In a landmark case, a detransitioner in New York has sued the providers of her gender transition treatment, including a double mastectomy, winning $US2m in damages. “The plaintiff, Fox Varian, 22, of Yorktown Heights, had accused her psychologist and the plastic surgeon who performed the operation of failing to obtain adequate consent about the risks before she agreed to undergo the procedure in 2019, The New York Times reported.

“She also claimed that the providers had deviated from standard practices governing gender-related medical care.”

Fox Varian was 16 at the time of the operation.

“As a teen, Varian lived with depression, anxiety, anorexia, social phobia and body-image issues, and was estranged from her father when she was young after a three-year custody battle between her parents, the evangelical Decision magazine reported. “Varian also was diagnosed with autism. 

“During sessions with [her psychologist, Kenneth] Einhorn, Fox, 15 at the time, began to question whether she was female. In two months, she cut her hair, bound her breasts, and changed her name to Gabriel, then Rowan. 

“Einhorn referred her to an LGBTQ centre in Albany, which Varian visited twice. Varian informed a staff member during her second visit in July 2019 that she ‘continued to question’ her gender identity. Not only did she express that she felt ‘lost at this time’ but she also mentioned she was afraid she “would lose credibility by discussing this with others” and felt ‘pressure to decide on a male identity versus a female identity by family, peers, and culture.’

“Varian received the surgery in December 2019, less than 12 months after she began socially transitioning.

“Attorneys argued Einhorn ‘drove the train’ for Fox’s request to have a double mastectomy…

“During the trial, Varian stated, ‘I was 16. And I was really, really mentally ill, obviously. I obviously wasn’t mature enough to make the decision to have surgery. And I certainly wasn’t mature enough to handle the aftermath.’

“Afterwards, Varian continued to struggle with depression and mental health issues—the psychologist noted suicidal thoughts and Varian’s mother noticed she had started cutting herself.

“‘It’s so hard to face that you are disfigured for life,’ Varian said at the trial. ‘No amount of reconstruction is ever going to bring back what I lost.’”