Under Lock & Key

Captive Genders
Trans Embodiment and the Prison Industrial Complex
Eric A. Stanley & Nat Smith, Editors
2011, AK Press
Available for $21.95 from AK Press: 674-A 23rd St, Oakland, CA 94612

This book is a compilation of essays from various transgender individuals, activists, prisoners and researchers. The unifying theme is progressive in that the book is not only devoted to exposing gender oppression faced by transgender people, specifically the criminalization of gender variance in the United $tates, but also to the abolishment of the current United $tates prison system itself. It tackles the often incorrect focus of queer activists who call for expanded laws and punishment, correctly exposing this strategy as reactionary and counterproductive. Unfortunately, although this is a pretty long book, it includes only vague anarchist solutions to the problem, with no coherent strategy to abolish the criminal injustice system.

Before going into detail I will briefly mention that MIM(Prisons) disagrees with the use of the term “prison industrial complex” (PIC) which is found throughout this book. This phrase implies that prisons in the United $tates (and other First World countries when applied there) are part of a money-making industry. In reality prisons are a money-losing enterprise, built and sustained by the state as a means of social control. Anyone making money off of prison contracts are just participating in the shuffling of imperialist wealth stolen from the Third World, not making profits off of prisoner labor. The use of this term in this book is perhaps not a surprise as a failure to grasp the underlying purpose of a system is going to lead to mistaken analysis of how we can fight that system.

We Can’t Work Within the Criminal Injustice System

In the introduction, the editors wrote: “Mainstream LGBT organizations, in collaboration with the state, have been working hard to make us believe that hate crimes enhancements are a necessary and useful way to make trans and queer people safer. Hate crimes enhancements are used to add time to a person’s sentence if the offense is deemed to target a group of people. However, hate crimes enhancements ignore the roots of harm, do not act as deterrents, and reproduce the farce of the PIC, which produces more, not less harm.”(p3) This is an important point for activists of all stripes who fight for expanded laws to protect whichever oppressed group they are working to defend. We cannot look to the state to defend us against the state. And the prison system in particular is a repressive arm of the state; anything we do to expand that arm is inherently reactionary.

In “Transforming Carceral Logics: 101 Reasons to Dismantle the Prison Industrial Complex Through Queer/Trans Analysis and Action,” S. Lamble writes:

“Although some people believe that we can train transphobia out of law enforcement agents or eliminate homophobic discrimination by hiring more LGBT prison guards, police, and immigration officials, such perspectives wrongly assume that discrimination is a ‘flaw’ in the system, rather than intrinsic to the system itself. Efforts to make prison and the police institutions more ‘gay-friendly’ perpetuate the myth that such systems are in place to protect us.”(p. 239)

This author goes on to write: “The pervasiveness of state violence against queer and transgender people is reason enough to fight the prison industrial complex. But it is important to include anti-prison work as part of antiviolence struggles more broadly. Too often mainstream antiviolence work around hate crimes, sexual violence, child, and partner abuse excludes or remains disconnected from struggles against state violence.”(p245) We agree with the connections made by Lamble here. It is important that people recognize that state-perpetrated violence is far broader and more deadly than any individual violence. It is laughable that some turn to our violent state to protect them. The state will only protect those whose interest it serves. In the case of the Amerikan government, that includes the vast majority of the white oppressor nation, but often excludes oppressed groups of like trans people.

Lamble concludes:

“Unfortunately, many LGBT organizations in Canada, Britain, and the United States – particularly white-dominated and class-privileged ones – are increasingly complicit in the forces of prison expansion: calling for increased penalties under hate crimes laws; participating in police, military, and prison officer recruitment campaigns….LGBT groups nonetheless helped to legitimize imprisonment and channel further resources into locking people up – despite a lack of evidence that such measures reduce hate-motivated violence.”(p. 249-250)

In “Identities Under Siege: Violence Against Transpersons of Color[”, Lori A. Saffin bolsters this point: “Arguing for the inclusion of sexual orientation and gender identity in state hate crimes laws will ultimately end in limited social reform because ‘equality’ within the existing social system only accounts for and remedies the most blatant forms of injustice.”(p155) And she concludes:

“By not taking into consideration the ways in which the criminal justice system regulates, pursues, controls, and punishes the poor and communities of color, LGBT hate crimes initiatives reproduce harm and do not end it. Calling for an increased role of the criminal justice system in enforcing hate crimes legislation is insular in that it assumes a white, gay, wealthy subject while also soliciting victims of hate-motivated violence to report into a penal system without regard for the fact that people of color and the poor are disproportionately punished. By ignoring racism and economic inequality in their arguments for hate crimes statutes, national gay rights organizations assume an assimilationist stance that reinforces the status quo at the expense of communities of color and the poor.”(p156)

Queer and Trans People in the Criminal Injustice System

Captive Genders has some good data on the incarceration of queer and trans people in Amerika who are disproportionately targeted by the criminal injustice system and face additional dangers and abuse within prison. In “Rounding Up the Homosexuals: The Impact of Juvenile Court on Queer and Trans/Gender-Non-Conforming Youth” Wesley Ware writes:

“Further, the data tell us that queer and trans youth in detention are equally distributed across race and ethnicity, and comprise 15 percent of youth in detention centers…. Since queer and trans youth are overrepresented in nearly all popular feeders into the juvenile justice system – homelessness, difficulty in school, substance abuse, and difficulty with mental health – the same societal ills, which disproportionately affect youth of color – it should not be surprising that they may be overrepresented in youth prisons and jails as well.”

In “Maroon Abolitionists: Black Gender-Oppressed Activists in the Anti-Prison Movement in the US and Canada,” Julia Sudbury writes about the gender binary in the prison system and the risks for transsexual prisoners who have not had gender reassignment surgery. They are assigned to a prison based on one part of their body, denied medical care, and put in extreme physical danger.

Many trans wimmin are forced to take a prison “husband” by the guards who think this will diffuse tension and make the prisons calmer. In “No One Enters Like Them: Health, Gender Variance, and the PIC,” blake nemec interviews Kim Love about her experience in the men’s prisons in California. Kim describes entering the prison, when the Correctional Officer (CO) assigned her to a cell and she objected to the placement, and “They told me that’s gonna be your husband, and that’s where you’re going to be and you’re going to love him.”(p. 222) She goes on to explain why no one tries to take the COs to court: “We’ve had so many transgenders that have been raped in CDC [California Department of Corrections] and had proof. One of them even had the towel the CO wiped his semen on. Today I haven’t heard of one case that a transgender won against a law officer, against CDC.”(p. 222)

In “Out of Compliance: Masculine-Identified People in Women’s Prisons” Lori Girshick writes about women “aggressives” in prison. These people, most of whom identify as lesbians or trans men, are often treated more harshly than feminine prisoners because they are breaking the social and cultural norms the prisons seek to enforce. “Legislation is being considered in California to segregate lesbian, gay, bisexual, transgender (LGBT) prisoners who self-identify at receiving.”(p. 203) The author explains that this gives staff even greater access to harass and abuse them.

How to Organize for Change

In the essay “Building an Abolitionist Trans and Queer Movement with Everything We’ve Got”, the authors, Morgan Bassichis, Alexander Lee and Dean Spade, tackle the critical question of how to organize. But they completely miss several important points. First, they consider the Amerikan workers to be on the side of the oppressed: “The US government and its ally nations and institutions in the Global North helped pass laws and policies that made it harder for workers to organize into unions…”(p20)

Second, they push reformist organizing without a clear goal of eliminating imperialism, as if we could abolish the criminal injustice system within imperialism. They do however, correctly identify that violence and discrimination aren’t just individual bad behaviors:

“Discrimination laws and hate crimes laws encourage us to understand oppression as something that happens when individuals use bias to deny someone a job because of race or sex or some other characteristic, or beat up or kill someone because of such a characteristic. This way of thinking, sometimes called the ‘perpetrator perspective,’ makes people thing about racism, sexism, homophobia, transphobia, and ableism in terms of individual behaviors and bad intentions rather than wide-scale structural oppression that often operates without some obvious individual actor aimed at denying an individual person an opportunity. The violence of imprisoning millions of poor people and people of color, for example, can’t be adequately explained by finding one nasty racist individual, but instead requires looking at a whole web of institutions, policies, and practices that make it ‘normal’ and ‘necessary’ to warehouse, displace, discard, and annihilate poor people and people of color. Thinking about violence and oppression as the work of ‘a few bad apples’ undermines our ability to analyze our conditions systematically and intergenerationally, and to therefore organize for systemic change.”(p. 23)

We have a correct analysis here of the need for systemic change. But their ultimate goal is summed up:

“Abolition is not just about closing the doors to violent institutions, but also about building up and recovering institutions and practices and relationships that nurture wholeness, self-determination, and transformation. Abolition is not some distant future but something we create in every moment when we say no to the traps of empire and yes to the nourishing possibilities dreamed of and practiced by our ancestors and friends.”(p. 36)

The essay “Maroon Abolitionists: Black Gender-Oppressed Activists in the Anti-Prison Movement in the US and Canada” also gets the solution wrong:

“Movement-building that creates innovative models of justice that do not pimp prisoners for the success of capitalism are possible. It is time to view the current US economic hardships as an exit opportunity away from dependency on conservative foundations and government funding vehicles that bar groups from work that threatens pharmaceutical industries or gender/sexuality norms. Transformative justice models that empower lovers, friends, and groups of people to be accountable to one another rather than rely on unjust and unsustainable US systems, can work to abolish the prison industrial complex. We can, and are, creating these in forms that facilitate a domino effect of cultural and economic churnings.”(p. 230)

Again here we have this idea of “transformative justice” that is anarchist individualism with people just holding each other accountable outside of the United $tates’s criminal injustive system. Yet no matter how hard we try, we do not have the liberty to exist outside of the imperialist system. Take a look at the revolutionaries in the Philippines or India who liberated base areas and set up their own independent institutions only to have them attacked by the brutal military (funded and armed by the United $tates). Or look at an example closer to home: the MOVE organization, which attempted to set up its own peaceful self-policing community only to be violently destroyed by the Amerikan injustice system. There is a reason why the Black Panther Party trained its members in self-defense. We are misleading people by pretending that this transformation of the criminal injustice system is possible by just creating some independent structures. The Amerikan government will not just fade away without a fight.

“[A]s societal advancements have made being gay less stigmatized and gay people more visible – and as the Internet now allows kids to reach beyond their circumscribed social groups for acceptance and support – the average coming out age has dropped from post-college age in the 1990s to around 16 today, which means that more and more kids are coming out while they’re still economically reliant on their families. The resulting flood of kids who end up on the street, kicked out by parents whose religious beliefs often make them feel compelled to cast out their own offspring, has been called a ‘hidden epidemic.’”

According to the Equity Project, leaving home because of family rejection is the single greatest predictor of involvement with the juvenile-justice system for LGBT youth.

Research done by San Francisco State University’s Family Acceptance Project, which studies and works to prevent health and mental health risks facing LGBT youth, empirically confirming what common sense would imply to be true: highly religious parents are significantly more likely than their less-religious counterparts to reject their children for being gay.

LGBT people make up roughly five percent of the youth population in the U.$., overall, but an estimated 40 percent of the homeless youth population – an estimation that may be far too low considering that many homeless youth may not openly identify themselves as LGBT when seeking services.

The Center for American Progress has reported that there are between 320,000 and 400,000 homeless LGBT youths in the United $tates. The National Incidence Studies of Missing, Abducted, Runaway and Thrownaway Children put the number of homeless youth at 1.7 million. (Across the country there are only 4,000 youth-shelter beds, overall). Approximately one in five LGBT youth are unable to secure short-term shelter, and 16 percent could not get assistance with longer-term housing – figures that are almost double those of their non-LGBT peers.

For LGBT kids who remain homeless, the stakes are clearly life and death: they are seven times more likely than their straight counterparts to be the victims of a crime; studies have shown they are more than three times more likely to engage in survival sex – for which shelter is the payment more often than cost. And every four hours a homeless LGBT youth dies in the streets, whether it be from freezing to death, a drug overdose, or assault.

The summer that marriage equality passed in New York, the number of homeless kids looking for shelter went up 40 percent, reported the Ali Forney Center – the nation’s largest organization dedicated to homeless LGBT youth. Tragically, every step forward for the gay rights movement creates a false hope of acceptance for certain youth, and therefore a swelling of the homeless youth population. Up to 40 percent of LGBT homeless youth leave home due to family rejection.

Amerikkka’s homeless LGBT youth is its hidden epidemic. Of the $5 billion the U.$. government spends on homeless assistance programs every year, less than five percent of that is allocated for homeless children, specifically. Amerikkka’s homeless youth, in general, is its next true plague.

MIM(Prisons) responds: This comrade provides some useful data on homelessness and queer youth and exposes a tragic consequence of gender oppression for these youth. We do not, however, agree with the author’s conclusion that homeless LGBT youth are a hidden epidemic in the United $tates. Especially not with the implication that the U.$. government should spend more money on homeless assistance, as if the imperialist government can help end a problem that they created.

We don’t like to look at problems like homeless LGBT youth in isolation as a “hidden epidemic” because this encourages an analysis of such issues in isolation, and suggests that we should tackle them directly and Amerika will be able to find a solution if only the epidemic is exposed. While the United $tates certainly has enough money to eliminate homelessness, the reality of homelessness in the United $tates is a tragic byproduct of imperialist decadence and individualism. The imperialist system exists to enrich the oppressors, at the expense of the oppressed. And if a few citizens suffer or die in the process, that’s not really a problem for the Amerikans in charge. While the vast majority of Amerikan citizens are benefiting as either oppressor nation (white) or beneficiary class (petty bourgeoisie), or both, there are those who society does not bother to help. Most homeless are cast off because they are part of oppressed groups: gender (including health status) and nation play a big role here, and this is what’s behind much of the homelessness of LGBT people.

We should expose the vast problem of homelessness in the United $tates, as it is an embarrassing and clear example of a wealthy country that doesn’t even care about the lives of its own citizens. Other less wealthy countries do a better job addressing homelessness (i.e western Europe, some Asian countries), so it could be solved within the structure of imperialism, but only for the citizens affected. The many people in the Third World who are permanently without home and living in poverty because of the exploitation and plunder of imperialist Amerika are the truly hidden homeless.

We should point out, as this author does, that gender oppression is playing a significant role in LGBT youth ability to survive, and this is something we must fight. Both of these elements of the homeless LGBT youth issue are symptomatic of imperialism. And so rather than rally people for more government attention to homelessness in Amerika, we should focus on the root cause of global homelessness and organized to overthrow imperialism.

I have initiated a lawsuit alleging that Officer Mary Brockett at California State Prison-Sacramento (CSP-Sac) subjected me to sexual harassment. This occurred in the Enhanced Outpatient Program (EOP) which is part of the mental “health” services in the California Deparment of Corrections and Rehabilitation (CDCR). When I reported Brockett’s predatory acts to other top ranking prison officials, they did not believe me because I’m Black, and Brockett is a white amerikan. They also did not understand why a prisoner would file a staff sexual misconduct complaint against an officer. As a direct result of Brockett’s sexual misconduct against me she was terminated, but CDCR top ranking officials refused to have her arrested and identified as a sexual offender.

I requested an Office of Internal Affairs (OIA) investigation against Brockett for her predatory behavior towards me. In December 2003, I was interviewed by Special Agent Jill Chapman of OIA, and I agreed to assist her with an investigation against Brockett in order to prove my sexual harassment allegations. During said investigation, the OIA dropped the ball, and OIA agents allowed Brockett to sexually assault me four times after the start of the investigation.

On 15 January 2014, Judge Hunley of the United States District Court, ruled that officer Brockett’s conduct violated clearly established law of which Brockett should have been aware. The court found that Brockett is not entitled to qualified immunity on my Eighth Amendment sexual misconduct claim.

My investigation has revealed that many other prisoners who reported rape and other forms of sexual assaults by CDCR personnel are sent to SHU as a form of retaliation and/or intimidation. My defense team and I have been able to identify many other cases of corrections, medical and mental health staff sexually abusing the mentally ill prisoners, plus many coverups by supervisors, at several California state prisons.

I had to hire a private investigator to assist me in light of the fact that going to ranking officials kept getting me put in lock-up units. Instead of charging Brockett with sexual assaults, the CDCR prison officials in Sacramento allowed me to be subjected to a series of retaliatory transfers attempting to intimidate me. On 8 September 2009, prison officials were informed about my lawsuit and that same day I was placed in administrative segregation (ASU) on false allegations of fighting. In December 2009 I was ordered placed in ASU pending a false prison gang validation. Retaliatory transfers are a violation of CDCR policy.

The evidence will show that correctional and medical and mental health staff sexual harassment and sexual assaults were not isolated incidents within CDCR’s EOP. I would ask you to help me and my defense team to spread the word. Other victims are out there. My purpose of the lawsuit is to shed light on sexual abuse against the mentally ill in California, including torturing tactics through criminal activities and criminal organized crime within CDCR.

MIM(Prisons) responds: People usually conceptualize patriarchy as those biologically categorized as male oppressing those biologically categorized as female. But sexual assault of bio-male prisoners by bio-female guards is an example of how gender oppression is not necessarily linked to one’s biological sex category. In the first issue of Under Lock & Key we wrote about prison rape, and using the best statistics available, we suggested that Black bio-men might be gendered female in the United $tates, largely due to imprisonment rates and the sexual abuse that comes with imprisonment. The abusing bio-female guards are certainly gendered male, and are part of what we call the gender aristocracy.(1) Amerikan (and especially white) bio-wimmin enjoy benefits in leisure time based on their national ties to white bio-men, based on a long history of lynchings, suffrage, and Third World oppression.(2)

Fighting sexual abuse through the courts can be difficult for anyone, and especially for prisoners. As this correspondent writes, white Brockett was not even charged for the sexual assault. When sexual assault cases do go to court, the judge/jury, like much of U.$. society, get hung up on the debate of whether the sex was “really rape,” a subjective measure of whether the victim gave consent to the sexual activity or not. Prisoners are assumed by the courts and society to have a low moral standing, and this subjectivity bleeds into the judgement of whether they were “really raped,” and whether they should be protected even if they are considered to have been raped. People have debated for decades about where to draw the line with consent, and this debate has recently resurfaced in First World Maoist circles.(3)

When deciding whether a sexual encounter was a rape, a tendency is to focus on whether the victim of sexual assault verbally said they did or did not want to have the sexual encounter, what words they used, in what tone, how many times they said it, if they were intoxicated, how intoxicated, their sexual history, what they were wearing, etc. Others even draw the line where “Most victims themselves intuitively recognize the difference between consensual sex and rape.”(3) But all these criteria are based on subjective social standards at the time. Many people don’t start calling a sexual incident a rape until months or even years afterward, because they have since learned more about sexuality and social norms, or the social norms have changed. The courts change their definition of rape depending on public opinion as well. When mini skirts were racy, it was considered by many an invitation for sex. Now that mini skirts are normalized as pants in our society, almost no one would make this argument. Social norms and subjective feelings are untrustworthy as measures of gender oppression. They focus too much on individuals’ actions and feelings, ignoring the relationship between the group and the individual.

Rather than falling into this subjectivist trap, MIM(Prisons) upholds the line that all sex under patriarchy is rape. Among the general public, living in a highly sexualized culture with a long history of material consequences for granting and withholding access to one’s sexuality, no “yes” can be granted independent of group relationships. This is especially true for a captive population; saying “yes” to sex as a trade for privileges, or to a guard who quite literally has your life in their hands, cannot be consensual, even if everyone involved “liked” it or “wanted” it. Power play is very tied up in leisure time to the point that a coercive sex act can feel pleasurable to all involved. Granting consent in a society with gender oppression is a moot point. People always behave in a way that is determined by group relationships, and this is no different for the gender oppressed under patriarchy.

While Liberals are concerned with how we define rapists so that we can lock them up and ostracize them, we look at the systematic problem rather than essentializing individuals. We don’t adhere to the bourgeois standard of criminality for theft, so why would we follow their standard for rape? Instead we want to build a socialist society that allows jobs for everyone, separate from the sex industry. We would then ban all sex for profit, all pornography for profit, and all sex trafficking. We wouldn’t criminalize sex slaves or people choosing to have sex for their own subjective pleasure, but we would criminalize anyone making a profit off of sex work, especially the multi-billion dollar porn and abduction rackets. Low-level pimps and “self-employed” sex workers would at least need to go through self-criticism and reeducation and take a cold, hard look at how their activities are impacting others. Anyone who wanted to leave these anti-people industries would have other viable options, something we can’t say for the vast majority of sex workers in the world today who were either kidnapped, or subject to manifestations of national oppression such as homelessness and drug addiction.

As with any form of oppression under imperialism, we encourage people to use the courts when we think we can win material advantages, set a useful precendent for other cases, or make a political point to mobilize the masses. But kicking Brockett out of the facility will just replace her with another gender oppressing officer. Ultimately we need to change the economic conditions that underly the coercive gender relations in our society and attack the system of patriarchy itself.

The Prison Rape Elimination Act (PREA) was signed into law in 2003.(1) National prison and jail standards were enacted in 2012, nearly a decade after passage of PREA, and inexplicably late for the U.S. prison system which is long plagued by a sexual violence crisis.(2) PREA national standards carve a benchmark for prison administrators to prevent, detect and respond to prison sexual violence (PSV). Most significant are sweeping changes affecting documentation, accountability, confidentiality, post-sexual-assault medical care, testing for sexually transmitted infections (STIs) and mental health counseling for PSV survivors.(3)

The PREA audits began in August 2013, and are supposed to occur at every youth and adult, state and private prison, jail, and holding facility every three years, with punitive forfeiture of federal funding at stake for lack of compliance. With 50% of documented PSV perpetrated by staff, prison administrators face greater liability through the transparency now mandated by PREA.(4)

One in ten prisoners are sexually abused, which is more than 200,000 youth and adults in prisons, jails and juvenile detention each year.(5, 6) Many are left to march the road to recovery, while coping with HIV, other STIs, mental trauma – the morbid souvenirs of rape.(7)

With PREA, the New York Department of Correctional Services (DOCS) started promoting “zero tolerance” propaganda. I felt (foolishly) that we were on the same side for once. I formed and launched a non-profit project with the goal to support, educate and advocate for PSV survivors, and those at risk. I especially focused on LGBTQI (Lesbian, Gay, Bisexual, Transgender/sexual, Queer, Intersex) prisoners who are at 10-13 times higher risk to be victim of PSV, according to Department of Justice statistics. Not thinking I was doing anything “disallowed,” I conducted this openly with no attempts to hide my activities.

However, DOCS took a radically different view, and launched an Inspector General Office investigation, forcing me (under duress) to cease and desist further activity with the project. But unable or unwilling to issue writeups on this issue, they instead launched a salvo of “unrelated” administrative charges, resulting in 18 months of keeplock (isolation). They also transferred me multiple times. I’m now serving 5 months keeplock time, which I’d already served at the last jail.

All this has only served to strengthen my commitment and resolve. Our efforts, in concert with NY ACLU, have yielded a settlement with DOCS to reduce the use of SHU/long-term isolation, with caps on sentences and exempting non-violent/safety-related offenses. It’s a start but I’d have preferred a court ruling to this “voluntary” settlement, which the state can renege on.

PREA mandates the first round of audits as of August 2014, with statistics to be published online. This increased transparency is progress. Our Constitution and Bill of Rights are little more than an ideal or paper unless we facilitate their power through litigation, demanding compliance with these standards. PREA can be just a stack of papers and “feel good” hot wind, signifying nothing. Or it can be a keen sword to excise the cancers of prison sexual violence and prison staff corruption and negligence. The burden falls to us to proactively safeguard our interests, and our futures. Fight to Win!

MIM(Prisons) adds: We regularly receive reports of sexual assault from prisoners across the country. In September 2013, one year after the PREA standards were finalized, Prison Legal News published an article detailing incidents of PSV all across the country. This article underscores the futility of federal laws to actually protect people in custody of an oppressive state.

The 2013-2014 PREA Resource Center (PRC) report was just released this week. It contains no statistics on the efficacy of the project, but does contain a lot of fluff about the trainings and webinars that the PRC has been hosting.

It is a step in the right direction that this comrade, with the help of NY ACLU, was able to place some restriction on the use of isolation to protect prisoners from rape. The use of isolation has been reported by the American Friends Service Committee to have an even worse affect on the victims of prison rape, causing negative psychological effects due to isolation, and making the prisoner even more vulnerable to abuse by prison staff.(8)

While we can and should make use of laws to stop prison staff sexual violence when possible, we call on prisoners to step up and put an end to sexual violence among themselves using their own inherent power as humyn beings. The issue of prison rape is one that activists must tackle head on, as it impacts our ability to build unity behind prison walls, and is indicative of a wrongheaded line on gender oppression overall. Take an example from Men Against Sexism (MAS), an organization in Washington State Prison in the 1970s. MAS pushed men to treat each other with respect, opposed all prison rape even of very unpopular prisoners, and defended weaker prisoners against attacks by stronger ones.(9)

Gender oppression is a product of our patriarchal society, and neither federal laws nor prison organizations will put an end to all gender oppression in prison on their own. This gender oppression is another tool used to control oppressed nationalities, and won’t be done away with until we overthrow the systems that require the oppression of entire groups of people – imperialism and capitalism. Only through revolution can we start to build a society where gender oppression, like class and national oppression, are torn down in our culture, economics, and all levels of social relations. For a basic study of gender under imperialism, we recommend the magazine MIM Theory 2/3, which we distribute for $5 or equivalent work trade. And see the 1998 MIM Congress resolution “Clarity on what gender is” for a more theoretical discussion on the origins of patriarchy and its structure today.

MIM(Prisons) gets a number of requests from male prisoners to hook them up with female comrades. They are looking for romance or just “female companionship.” Sometimes this request comes from an activist behind bars, looking to build a romantic relationship with someone who is also an activist.

MIM(Prisons) focuses all of our energy and funds on revolutionary education and organizing, but we understand that people have social needs and desires. Here we will address why we don’t offer dating or pen pal services and why activists should think carefully about what they are really looking for.

We believe that humyns are social beings who need interactions with other humyns in order to be mentally healthy. That is why we say control units are torture. And in our culture, gendered relations can make it difficult for men to provide emotional support to each other, especially in the hyper-masculine prison environment. So seeking out female companionship is one way to deal with alienation of imprisonment and especially isolation.

Many people find their motivation in such relationships. All you have to do is turn on the radio to know that, even if today’s culture has essentialized it to down to body parts and sex acts. But it may be helpful to separate those two things out. There is the patriarchal culture that has trained us to desire certain things, and to be validated by certain things. Then there is some genuine aspect of the humyn brain that craves social interaction.

There is a contradiction with being both distracted and inspired when you are in a relationship. Often when they are in it people can justify it in all sorts of ways, because it becomes the most important thing. Yet, we’ve also seen people who experience some difficulty that turns them off to romance and as a result they put their nose to the grindstone and pick up their work load. In fact, there are studies in the pop science news claiming that being in a depressed state is better for creativity and concentration. So consider how you can turn your state of loneliness to your advantage and not end up wallowing in it.

We don’t hook up our subscribers with conscious sisters for political and security reasons. But even if we wanted to, how would we? Dating is hard. Finding people to date is hard. Doing so from prison has to be a hundred times harder. As cadre, when we look at our political lives and our bourgeois lives, we take a budgeting approach. Everything that isn’t political is taking time away from the political. And so you need to parse out what it is you NEED to do to sustain yourself so that you can continue to do political work. Anything else is taking time away from the struggle, away from the people. And that’s on you.

When people get into relationships they often disappear. Not just from politics, but from life in general, friends, etc. For the petty bourgeoisie it’s probably the top thing to take people away from politics. For the lumpen it’s big as well. If we tell people to just give it up and get over it, they’ll say we’re crazy and don’t understand humyns. But for cadre level people this should be something we can evaluate. We should be able to look at our own lives, look at the society that shapes our lives, see what we’ve been taught and what we know we need, and work towards a lifestyle that best supports our work.

I’m enclosing a pamphlet recently circulated here titled “Help for Victims of Sexual Abuse in Prison.” The official policies in New York are actually pretty good and some staff are supportive. Sing Sing has openly gay and lesbian corrections officers (COs), a high percentage of young and/or female officers, and at least one transgender officer. Far from ideal, but good enough to suggest there’s hope for the rest of the country and struggles in this area will be successful!

Please note the #77 speed dial feature described in the pamphlet [a speed dial to the Rape Crisis Program that does not need to be on the approved telephone list and calls are not monitored.] This is an innovative idea that could well be advocated elsewhere. I’ve heard one positive comment from a user, and the speed dial does work well on a technical level. But why not a #66 to report beat downs, or #55 for corruption, or #1 to report injustice or ask for legal help?

MIM(Prisons) responds: We echo this prisoner’s call for a hotline to report other abuses within prisons. Any opportunity for prisoners to report abuse outside of the prison structure is a welcome addition to the criminal injustice system that denies prisoners a voice to speak out against abuse. But we do not yet have any evidence that prisoners speed dialing a rape crisis program will result in any help or attention to the problem beyond supportive counseling after the attack happens. If this is just offering the prisoner an anonymous opportunity to talk after a rape, the problem will continue. In a system that has demonstrated its ability to dismiss or sweep under the rug any complaints or accusations by prisoners, we doubt this new hotline will be any different.

As for the existence of gay, lesbian and transgender COs, we see this the same as having New Afrikan COs. Those who have joined the criminal injustice system will be forced to conform to the rules or they will be out of a job. And so we can now expect to see these new COs abusing prisoners just like their straight counterparts. There are many male COs who do not identify as gay, but who are part of the rape of male prisoners. In all situations, the COs are in a position of power in a system that is set up to denigrate and abuse the men and women it holds. Rather than fight for COs of a different sexual orientation, gender identity, or nationality we need to fight for an end to a system of brutality that condones rape.

I have been a loyal supporter of the oppressed Palestinian people for over 20 years now, when I was at liberty and since I’ve been an unwilling guest of the Amerikan gulag system. I had a Palestinian instructor in college and she really opened my eyes to the high-handed imperialist tactics of the United States government.

Being a homosexual in Amerika during the 1980s and forced to confront the atypical everyday injustices co-opted from oppressive world religions and given the wink and nod by various White House administrations and Congress, I thus opposed the despotic and dictatorial government whose flag I am unfortunate to be forced to live under. Unfortunately these revelations robbed me of my adolescence at 12 and 13 years of age.

My people have suffered and died under this regime since its inception over 200 years ago. But even more tragic, we have suffered, as have the Palestinian people, the consequences of the Hebrew/Jewish religious and cultural influence that have poisoned the earth now for thousands of years with its Zionist agenda.

Make no mistake, I have no quarrel with the common Israeli citizen nor the adherents of Judaism. I am not anti-semitic in any way. But I do however dream of a day when the food and destructive influences of radical religions are all eliminated.

I wish these religious zealots no evil end or personal ill will. Only that they could learn to live in peace and harmony with those of us who simply want to live our lives as we choose as equals along with the rest of the world. Not as half-men, half-women, freaks or outcasts. We only ask equal rights and to benefit from equal justice.

Our people too suffered in places such as Bergen-Beese and the like. Our extermination has been sought by all cultures and ethnicities since the dawn of time. Mostly in the name of one God or another. And Yahweh - the god of the Jews - seems to be the most bloodthirsty of all.

Our children have the basic human right and reasonable expectation to grow up as homosexuals or heterosexuals without their fears and insecurities being created as a result of the hatred and intolerance of a sheep-like population that has been brainwashed by government stooges through the world. Religion truly is the opiate of the masses. Sadly though, these puppeteers sit, primarily in London, Washington and, yes, Jerusalem.

We homosexuals in the United States and throughout the world have the human right, as do the Palestinian people, to self-determination notwithstanding the dictatorial influence of world religions propped up by hypocritical governments seeking only to control the masses.

Sadly, we do not live in a true democracy. We live under an authoritarian government. A democracy is a nation governed by the will of the people that seeks social equality. No, friends, we live in a theocracy that masquerades as a democracy.

It is also sad that Palestine - primarily a Muslim, heterosexual nation - do not enjoy even the limited human rights the vilified homosexual minorities of the western world do.

It is my sincere hope that my homosexual brothers and sisters throughout the world, those not brainwashed by the Israeli propaganda machines, would stand in solidarity with the oppressed Palestinian people in opposition to the jackbooted Israeli thugs in Jerusalem.

The Amerikan government stands behind and actively supports the genocide of the Palestinian people by Israel through her leaders by financing this obvious extermination attempt of an ancient people and culture with Amerikan tax dollars and military aid, thus forcing all tax paying Amerikan citizens to be unintended co-conspirators in these crimes against humanity.

This purportedly is to defend a peace-loving nation claiming only to want to exist. Yet that same nation actively seeks the utter annihilation and complete extermination of a legitimate ethnic group of human beings, with ancient ties to the disputed land in question, from the face of the earth.

Amerika has demonstrated they are a nation of liars and hypocrites. We have known since 1967 that Israel always has been. Never again, indeed!

MIM(Prisons) responds: This comrade correctly ties the struggles of one oppressed group (gays) to the struggles of another oppressed group (Palestinians) by noting one common source of oppression in bourgeois culture in the form of religion. And further s/he correctly points out that Palestinians enjoy even fewer rights than most gays in imperialist countries, a point that is crucial for us to understand because it underscores the relative wealth and power of those living in oppressor nations compared to the oppressed nations like Palestine. In fact, tax-paying Amerikans mostly support the U.$. government and the I$raeli regime it supports, and so they don’t mind being party to these crimes funded by U.$. military aid. In the arena of international politics it is important that we are able to distinguish our friends from our enemies. We do not want to create false unity with our enemies, nor do we want to divide unnecessarily from those on the anti-imperialist side of the struggle.

In prisons, men are housed separately from wimmin, but gender oppression is still a very big issue behind bars. From sexual assaults on prisoners by guards and other prisoners, to the abuse of gay and trans people, gender oppression perpetuates disunity and furthers the social control of the criminal injustice system. In this issue of Under Lock & Key we have articles about rape and sexual assault in prison, the use of sexual orientation to divide prisoners, denial of health care, and several attempts to challenge and fight gender oppression behind bars.

Defining Gender

Our readers should be familiar with the concepts of class and national oppression. Class is clearly related to work and ownership of the means of production. Those who are owners have the power to exploit those who are not. National oppression is also clearly visible with nations which have resources and militaries using those to steal from and control nations which don’t.

We distinguish gender from class and nation because it is defined by leisure-time activity. Men (the group with power in the gender oppression dynamic) oppress wimmin through rape, sexual harassment, and a social structure that portrays wimmin as valued for their looks, not for their skills or knowledge. Gender is not so clear cut as “men against wimmin” though. We have an Amerikan history of lynching Black men accused of raping white wimmin, giving white wimmin significant gender power over Black men. The use of humyn bodies in the Third World for drug testing by pharmaceutical companies gives First World men and wimmin benefits from gender oppression. And overall health status and physical ability is tied up with gender privilege; professional athletes and models are both enjoying gender privilege while those with physical and mental disabilities are often times forced into homelessness or imprisonment.

Gender in Prison

In prison we see clearly that gender privilege is not just about biological definitions of male and female. Prisoners face rape and sexual harassment by both prison staff and other prisoners. According to the Department of Justice itself, 50% of sexual assault against prisoners is by staff (See the article “PREA National Standards: Symbol or Sword?”). Prisoners are vulnerable because of their powerlessness against abuse from employees, their lack of recourse to stop abuse from other prisoners, and also because of their lack of access to adequate health care. These vulnerabilities have an even bigger impact on prisoners who are gay or trans, those with physical disabilities or health problems, youth (especially those in adult facilities), and any prisoners who are perceived as weak.

Trans Oppression in Prison

A New York prisoner wrote to MIM(Prisons) recently:

“I’m a transgender woman. I’m writing this because I’m different from the regular male prisoners. I am 200% aware of the oppression that’s being done to the heterosexual prisoner population. I’ve been raped, beaten, and starved. The main reason I’ve been oppressed is due to my sexual orientation. An LGBTQ individual has it bad [in prison].”

Trans people face gender oppression for their perceived sex role non-conformity, based on physical health status and needs, and for trans wimmin there is the added oppression for being female. As with other gender oppression, this interacts with class and nation, leaving Third World trans people to face the most severe oppression, while some First World trans people end up integrating well with their imperialist culture and enjoying its benefits. Trans prisoners are unique in the First World because the condition of imprisonment puts them in a situation that denies them class or nation privilege, resulting in increased danger specific to their gender oppression.

The root of violence against trans people lies in the strict enforcement of the gender system. People who are visibly trans, especially trans wimmin, are often singled out for social or physical violence. Trans people are automatically regarded as non-heterosexual, and violence against them often includes elements of homophobia. These factors can conspire with national oppression and class to produce disastrous and murderous results.

Trans people have a number of specific health needs, primarily hormones and surgery, but are commonly denied access to even routine healthcare.(1) An unemployment rate double the average(2) often leaves trans people without insurance; but for those who do have it, trans-specific coverage is often categorically denied, and aging medical standards allow doctors to restrict treatment to only those who conform to rigid standards of masculinity or femininity. The result of all this can be lethal. Approximately 41% of trans people have attempted suicide,(3) and trans wimmin are 49 times more likely to be HIV positive than the general population.(4)

Lack of healthcare is even more acute within prison, with hormones normally denied even to those receiving them before incarceration, and surgery completely out of the question. 21% of trans wimmin have been imprisoned (rising to over 50% for New Afrikan trans wimmin)(5) and for them, correct identity documents can mean life or death. Trans wimmin who are regarded as “legally male” by the state get sent to men’s prisons. This leaves them much more likely than other prisoners to be victims of sexual assault, rape, and murder,(6) and has a number of other consequences like the assignment of cross-gender guards for strip searches, and incorrect clothing provisions.(7)

Unity is Key to Fighting Gender Oppression

Gender oppression is an integral part of imperialism, and we can’t expect to eliminate it without overthrowing imperialism. Ultimately we fight for communism, a system where no group of people oppresses any other group of people (classes, nations or genders). But we can have an impact on some forms of this oppression now, including sexual violence and harassment, through a united struggle behind bars. We call on all prisoners to put an end to gender oppression between prisoners. We need to stand together and say no to prisoner-on-prisoner sexual assault, and no to harassment. Unite and stand up to defend those who can not defend themselves. If you do not face this oppression, it is your job to stand with your comrades who do, and ensure your fellow prisoners do not turn around and act as gender oppressors. Straight prisoners need to understand that gay and trans prisoners are comrades, not enemies. Don’t let the prison divide us along gender lines.

Several of us prisoners filed a grievance on sexual misconduct against us by a correctional officer. The investigators here did not take this complaint seriously or investigate thoroughly, and even told me maybe the officer was joking around. They then intimidated most to drop out of the complaint. Now there are only two of us who refuse to be intimidated and give up, but we have faced much reprisals. Both of us have been removed from our jobs and many officers here stop and search me almost every day. I have been discriminated against and called racial names by several officers.

I continue to file complaints on many staff here but it seems to do no good. When I go the wrong route and disrespect them back, I get written up and disciplined. There is much corruption at California Medical Facility and most prisoners are afraid to do anything because they do not want to lose their jobs and property, and have their cells searched and tossed up.

I complained all the way up the ladder and they all do nothing to rectify the situation. The supervisors think their officers can do no wrong.

MIM(Prisons) adds: Enclosed with this letter was a copy of the author’s first, second and third level appeals regarding employee sexual misconduct:

“I’ve been working in kitchen for over 3 years. I have not had any major issues. Until CO Liggett took over as culinary supervisor. He continuously makes sexual remarks, like you going to suck me off, and he rubs. You can interview all inmates in kitchen/dining halls and I’m sure most will agree with these allegations.”

“I believe the ISU and COs here are not taking this seriously. Myself and another inmate [X] have been retaliated against for filing this and other 602s [grievances]. We have had our work cards confiscated and are not allowed to work. I believe the right thing to do is to remove CO Liggett from his supervisor position.”

The matter was referred to Office of Internal Affairs (OIA) for an investigation. The third level decision denied the appeal, but mentions the OIA inquiry which is still pending on the outcome of the investigation.

Finally, after the third level appeal decision, the author wrote a letter to the Warden requesting his intervention. The Warden responded “A review of your appeal record indicates no staff complaints have been submitted regarding your situation, and this matter should be handled through the appeals process.”

This response appears to be a form letter, completely dismissing a very serious issue without any real investigation. We have seen copies of the appeals from the prisoner and the appeals decision from the prison, so this suggestion that the Warden’s claim that no staff complaints have been submitted is just ridiculous. The Warden could not have missed this extensive paper trail if he had actually looked at the record.

This blatant disregard for sexual harassment and abuse of prisoners comes as no surprise in a society where sexual assault in prison is seen as a legitimate punishment and something to joke about. While in general when we talk about gender oppression and sexual harassment we are talking about men abusing wimmin, in prison the prisoners are put in a position of submission and powerlessness that leaves the majority, including the men, subject to gender oppression.

Since my last correspondence I’ve experienced the greatest oppression in my entire 8-year sentence. This past week or so also presented me with revelation into the power of positive energy and the adverse effects of negative energy, which can affect your mental and physical health.

At Sussex II State Prison, a pig ran in and dribbled my head 3 times between his knee and the ground, when I was cuffed and already grounded. Then, that same pig tossed me in the box and stuck his knee in my neck with intensive force. At this same time, my arm was being bent so far back that breaking it was highly anticipated. Furthermore, my ankles and thumb were in the hands of the pigs. My thumb had nerve damage for 2 or 3 months.

At Red Onion State Prison I was sprayed for a false claim of assault by a super redneck. The pig first grabbed the shackles as if he was going to strike me with them, he looked around, and then had his partner use the can. They rinsed me fully clothed, returned me to storage and then I tried to refuse to give up the leg irons. They then took me out on the block and tackled me to the ground. During this they twisted me, bent my fingers and yelled “stop resisting.” Afterwards I was stripped naked and 8-10 pigs placed a turtle suit on me - chained me - and left me for about 15 hours. This happened because the officer refused to correct my negative meal, and I stuck my arm out of the slot because of it.

Those are just two of the oppressive events I experienced in kaptivity.

This week though, it was oppression from kaptive residents. The oppression came by high energy/high volume gossip, to spread wildfire word of myself being homosexual. The fire starter(s) knows nothing about me, knows no one within or outside the block who knows me, and has no evidence of such activity. Fifteen to twenty people whispered this around. The way this happened in a rapid and collective manner, you would’ve thought I was of great status and/or a part of a group that calls for questioning and violation. I got into a 30-second-or-so bullshit fight and received rejection from workout crews. The fight was with a comrade who was supposed to be a good friend and solid individual, but he needed to protect himself and reputation, so he got defensive and helped the spread.

My point in presenting this is: I’m not gay and this event is coming my way at a time when my sentence is over. I’ve never seen or heard of this shit before. It was so collective and everyone possible was engaged. Yet, never is this type of bullshit/energy applied to the fight against the true enemy of imperialist oppression. We have to acknowledge that in order to get others to move within/for the struggle, the key influencing factor(s) have to be identified.

MIM(Prisons) responds: This report of abuse by the guards is nothing new to the pages of ULK, though it is important to remind our readers on the streets of the brutality of prison guards and document it for our records. But this report of prisoner-on-prisoner attacks in the form of gossip and attempts at character assassination is particularly important for us to discuss.

This is an example of the lack of unity in prisons across the United $tates, where, as this comrade points out, more energy is put into attacking other prisoners than into fighting the true enemy of imperialism. But just as important, we want to address the use of gender in this particular attack. Claiming someone is gay as an insult or character attack is a more fundamental problem than just disunity. This is no different than accusing someone of being Chicano as if that would be an insult. We can not allow the oppressors to divide us along lines of gender or nation. Sexual orientation and identity are not a measure of a persyn’s character. We should look to people’s work fighting oppression, the way they treat others, and their political outlook. Lowering ourselves to considering labels and gender/sexual orientation/identity as decisive is putting ourselves on the level of the pigs who lock up and beat up people for the very same reasons.

We must build a United Front of all prisoners, coming together against the common enemy of imperialism. Reject the guards’ attempts to pit prisoners against each other.