Queer Prisoner Safety: AZ Prisons and Jails.

This article actually came out last June, but I missed it at the time - though I did get the ACLU's 2011 detention report put up: In their Own Words. That's a worthwhile read. Pretty heavy, though.

I'm actually posting the article below now because I've recently heard a lot from queer prisoners in danger at the Arizona Department of Corrections, and would like some help organizing my correspondence with and support to them a little better. I'm especially concerned about the undocumented prisoners - the queer "criminal aliens" - because I think they would be the least likely to get any protection from violence from this state.

 image from 

www.prisonercorrespondenceproject.com

 

Anyway, the issues raised below aren't unique to the Pinal County Jail. Please contact me if you're into queer prisoner support for folks in either AZ prisons or jails: 

Peggy at (480) 580-6807 /  prisonabolitionist@gmail.com

-------------from the AZ Republic--------------

ACLU decries danger for gay migrants in Pinal County jails

Daniel González
Jun. 24, 2011 12:20 PM
The Arizona Republic

The assault took place while Ramon Catalan, an illegal immigrant from Mexico, was detained by federal immigration authorities in a Pinal County jail.

Catalan, a transgender man who lives as a woman, was in a cell when four other immigration detainees began insulting her in Spanish.

"One guy said he didn't want to be around a (homosexual)," said Catalan, who prefers to be called Monica and wears her hair long and plucks her eyebrows.

Then, the beating started. While one man stood lookout, the others threw her onto the floor, then repeatedly punched and kicked her. The attack lasted four or five minutes. By the time it was over, Catalan's face was covered in blood.

The assault was not an isolated incident, immigrant advocates and lawyers say.

Reports of similar attacks and other abuses against gay and transgender detainees are on the rise around the nation as the number of undocumented immigrants in custody has skyrocketed as part of the federal government's crackdown on illegal immigration.

In Arizona alone, the ACLU found five cases of transgender or gay detainees who were sexually assaulted or abused over a two-year period, according to a study released Thursday. Catalan was not among them.

The 36-page report, "In Their Own Words: Enduring Abuse in Arizona Immigration Detention Centers," is based on 115 interviews with detainees in facilities in Eloy and Florence from March 2009 through March 2011. ACLU attorney Victoria Lopez also reviewed hundreds of reports and records, including 500 grievances, some of which were filed by gay and transgender detainees like Catalan who were abused while in detention.

"While (Immigration and Customs Enforcement) does not systemically track the number of sexual assaults in detention facilities across the country, these and other reported cases very likely represent only a fraction of the actual cases of sexual abuse of immigrants in detention," Lopez wrote.

In April of this year, the Heartland Alliance National Immigration Justice Center, an advocacy group in Chicago, filed a civil-rights complaint with the Department of Homeland Security on behalf of 13 more immigrants.

Catalan, 27, is not named in that complaint. She filed a separate complaint in September 2009 with the Department of Homeland Security's Office for Civil Rights and Civil Liberties documenting his March 2009 assault.

Margo Schlanger, officer for civil rights and civil liberties at Homeland Security, said in a written statement that her office is investigating complaints regarding LGBT (lesbian, gay, bisexual, transgender) detainees, including the ones submitted by the National Immigrant Justice Center.

She said her office "takes these matters very seriously."

The National Immigration Justice Center complaint alleges that LGBT immigrants have suffered "systemic and severe abuses" while being held at facilities in Arizona and eight other states run by Homeland Security, including the facilities in Florence and Eloy. The reputed abuses include sexual assault, denial of adequate medical care, including HIV drugs and hormone therapy, discrimination, and an ineffective process for filing complaints, the complaint says.

It also alleges that one of the 13 immigrants was segregated for 14 months in Florence. The immigrant, a transgender man living as a woman, said she was told she was isolated for her protection. The ACLU report echoed many of the same concerns.

The complaint asks the Office for Civil Rights and Civil Liberties in Washington, D.C., to investigate the complaints and implement a new policy to address any violations. The ACLU report also calls for new policies and practices.

"These abuses are happening across the country. And this is really just the tip of the iceberg," said Jane Zurnamer, associate director of policy at the National Immigration Justice Center.

ICE, the Homeland Security agency that oversees detention and removal of immigration violators, is also reviewing the complaints, said Vincent Picard, an ICE spokesman in Phoenix.

"U.S. Immigration and Customs Enforcement takes any allegations of mistreatment or abuse very seriously," he said.

Ensuring 'health and welfare'

He said ICE has issued formal guidance to address care and housing of vulnerable and special-needs detainees based on discussions with advocacy groups, including the National Immigrant Justice Center.
He would not elaborate on the guidance but did say, "ICE remains firmly committed to ensuring the health and welfare of all those in our custody and to providing the highest-quality medical and mental-health care available."

Immigrants are often held in detention centers while awaiting hearings in immigration courts to determine whether they will be removed from the country or allowed to stay. In recent years, the number of immigrants detained by ICE has soared as part of efforts by Homeland Security to crack down on immigration violators.

Through April 4 of this fiscal year, the average number of immigrants being detained daily by ICE was 33,390, up from 19,718 in 2005, according to Homeland Security statistics.

ICE uses more than 300 local and state jails and contracts with seven private facilities to house immigration detainees. In addition, it runs eight detention facilities of its own.

The agency deported 392,862 people in the past fiscal year, up from 291,060 in fiscal 2007, according to Homeland Security.

Zurnamer said abuse of LGBT people is a problem in criminal jails and prisons, as well. Although laws protecting them from abuse also apply to immigration detention facilities, LGBT detainees are more vulnerable to abuse because, unlike people charged with crimes, they are not legally entitled to court-appointed lawyers who can advocate on their behalf.

As a result, their complaints are often ignored, or they are deported before they can file a complaint, Zurnamer said.


"It's not whether (abuse) happens more or less (in immigration detention)," Zurnamer said. "It's that there is less accountability if it does happen."

Zurnamer said that abuse of LGBT detainees is on the rise because the government is detaining many more immigrants and that oversight is limited because the government contracts with many local and state facilities to house detainees.

Rejected by family

Catalan came to the U.S. illegally in 1996 when she was 13 to live with her mother and stepfather in Santa Ana, Calif. Around age 15, Catalan wanted to begin living as a woman but was rejected by her stepfather, so she moved out and began living on the street.

In 2007, she moved to Arizona. A year later, she was arrested by Phoenix police for prostitution. After serving a 30-day jail sentence, she said, she was turned over to ICE because she was in the country illegally.
Catalan was detained by ICE from October 2008 to April 2009, according to her complaint.

Before her detention, Catalan was taking steps to transition from male to female by taking hormone injections, growing her hair and plucking her eyebrows, the complaint says.

The complaint says she was awaiting an asylum hearing in immigration court when she was attacked at the Pinal County jail. The jail houses immigration detainees under a contract with ICE.

Medical records released on Catalan's behalf by Regina Jefferies, a Phoenix immigration lawyer, show Catalan was treated at Casa Grande Medical Center for cuts, bruises, a facial-bone fracture and a concussion.

"One punched me in the face. One was kicking me," Catalan said in an interview. "They tried to cut off my hair with a razor, but I grabbed the razor with my hand and wouldn't let go."

Catalan said the men who beat her threatened to find her and kill her if she reported the assault.

Tim Gaffney, a spokesman for the Pinal County Sheriff's Office, provided copies of jail records showing that three detainees were disciplined and several others removed from the housing unit where the assault took place. The detainees were not charged, records show, because Catalan declined to pursue the case.

An immigration judge denied Catalan's request for asylum but ordered that she not be deported out of concern she could be persecuted in Mexico for being transgender, Jefferies said. Catalan is currently appealing the asylum ruling.

More than two years later, Catalan said she still suffers from the beating.

CCA Eloy: Transgender prisoner sues over sexual assault by guard

CORRECTIONS CORPORATION OF AMERICA:

Sadly, the following press release comes as little surprise...good for the ACLU-AZ for picking this case up and seeing the victim through - they've been busy with our state prisons of late, too.

For those who haven't been paying attention to all the glory and acclaim that Corrections Corporation of America (CCA) has brought to the prison town of Eloy, recall the lawsuits alleging torture of 18 Hawaiian prisoners, as well as the sexual assault of a prisoner by a guard (who was subsequently prosecuted). Then there are the problems with their California prisoners - and what happened in Idaho...

Needless to say, anyone thinking about having CCA move into their backyard (and take over their town council) should really think twice: their leadership clearly fails to set and demand professional - or even humane - standards of treatment for prisoners.

---from the American Civil Liberties Union----

ACLU of Arizona Files Lawsuit on Behalf of Transgender Woman Sexually Assaulted By CCA Guard

December 5, 2011

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

PHOENIX – The American Civil Liberties Union of Arizona today filed a lawsuit in federal court on behalf of a 28-year-old transgender woman who was intimidated, harassed, and sexually assaulted by a Corrections Corporation of America (CCA) guard while she was in immigration custody at the CCA-owned and operated Eloy Detention Center. CCA is the largest operator of immigration detention centers in the country and detains almost half of the 33,000 people in federal custody on any given day.

The lawsuit, filed against CCA, Immigration and Customs Enforcement (ICE) officials, and the City of Eloy, charges that local and federal officials failed to protect Tanya Guzman-Martinez from abusive male staff members at the facility in Eloy, even after being notified about the sexual attack and ongoing harassment by staff and other male detainees.

“Tanya left Mexico to seek refuge from the persecution she suffered because of her gender identity, and was exposed to even greater trauma at the hands of immigration officials who failed to take appropriate measures to protect her while she was in their custody,” said ACLU of Arizona Immigrant Rights Attorney Victoria Lopez.

During her 8-month detention at Eloy, one of the largest ICE facilities in the country, Guzman-Martinez was sexually assaulted twice. One incident occurred on December 7, 2009 and involved a detention officer who after repeated harassment, maliciously forced Guzman-Martinez to ingest his ejaculated semen and threatened to deport her back to Mexico if she did not comply with his demands. Guzman-Martinez immediately reported the assault to detention staff and the Eloy Police Department and the detention officer was later convicted in Pinal County Superior Court of attempted unlawful sexual contact.

Despite this attack, immigration officials did nothing to protect her from further abuse. In a separate incident that took place on April 23, 2010, Guzman-Martinez was sexually assaulted by a male detainee in the same all-male housing unit where she was subjected to the first assault. She didn’t report the assault to local police until about a week later because she feared retaliation by detention staff and other detainees. Soon after she reported the second assault to the police, Guzman-Martinez was released from ICE custody.

Although Guzman-Martinez was released from detention more than a year-and-a-half ago, she still suffers from the emotional pain she endured while at Eloy.

“When we tout our country as a beacon of freedom, fairness, and individual liberties for all, the United States, as well as state and local governments, and the people and entities with whom they routinely contract, must live up to those values, especially for those people who seek refuge in this country because of those values,” added ACLU of Arizona cooperating attorney Kirstin Story of the law firm of Lewis and Roca LLP. “Unfortunately, that did not occur in the Tanya Guzman-Martinez case and in many others. We hope that this lawsuit is a step toward remedying these failures.”

Today’s lawsuit alleges that CCA, Eloy, and ICE personnel failed to take basic steps to protect Guzman-Martinez’s physical safety and emotional well-being, to properly train and monitor the staff at the center or to implement best practices to house transgender detainees and prevent the sexual assault of vulnerable populations.

Incidents of sexual abuse in immigration detention, particularly among vulnerable women and LGBTQ detainees, are widespread, the ACLU said. In October, the ACLU of Texas filed a federal class-action lawsuit on behalf of three immigrant women who were sexually assaulted while in ICE custody at the T. Don Hutto Family Residential Center in Taylor, Texas. The lawsuit was filed following the release by the ACLU of government documents obtained through the Freedom of Information Act that confirmed 185 allegations of sexual abuse of immigration detainees jailed at detention facilities across the nation since 2007 alone. According to those documents, 16 allegations of sexual abuse were lodged in Arizona facilities – the third largest number of allegations after Texas and California. Of those 16 allegations in Arizona, 8 were from the Eloy Detention Center. In addition, the ACLU of Arizona documented five cases involving transgender or gay detainees who were sexually assaulted or treated in an abusive manner while in detention in Arizona facilities. The case examples are highlighted in the ACLU-AZ report entitled "In Their Own Words: Enduring Abuse in Arizona Immigration Detention Centers," which includes an entire section highlighting the array of problems confronting LGBTQ detainees.

Despite mounting documentation of widespread sexual abuse in immigration detention centers, the Department of Justice (DOJ) has proposed a rule that explicitly excludes immigration detention facilities from coverage under the Prison Rape Elimination Act (PREA). Congress enacted PREA to protect all persons in custody by setting standards for preventing, detecting, and responding to sexual abuse. “Without PREA's protection, immigrants in detention such as Tanya Guzman-Martinez, remain vulnerable to abuse,” added Lopez.

In response, the U.S. Congress will hold a briefing on December 7th titled: the Prison Rape Elimination Act and the Crisis of Sexual Abuse in Immigration Detention.

Lawyers on the case, Tanya Guzman-Martinez v. CCA, et al., include Daniel Pochoda, ACLU of Arizona Legal Director, and ACLU of Arizona Cooperating Attorneys Kristina N. Holmstrom and Kirstin A. Story of the law firm of Lewis and Roca LLP.

Click here to read the complaint.

The ACLU of Arizona’s detention report is available here.

The Fire Inside: California Coalition for Women Prisoners

These folks have done a lot of good through the years and serve as a resource for many across the nation...

---from Alternet, by Angola 3 News----

15 Years of Giving Voice to Women and Transgender Prisoners in California

By Angola 3 News, AlterNet

Posted on October 10, 2011, Printed on October 10, 2011

On Sept. 26, the statewide prisoner hunger strike resumed after a postponement of almost two months to give the California Department of Corrections and Rehabilitation (CDCR) time to implement policy changes. The CDCR has reported that as of Sept. 28, almost 12,000 prisoners were striking and public support is needed in order for the strike to be most effective. An update posted October 7 at the “Prisoner Hunger Strike Solidarity” website stated that “medical conditions are also worsening for strikers throughout the state. We’ve received reports that after 12 days of no food, prisoners are once again losing severe weight and fainting. One hunger striker at Pelican Bay was denied his medication and consequently suffered from a heart attack and is now is an outside hospital in Oregon.”

The current hunger strike demonstrates once again that injustice fuels resistance, and California has a rich history of prisoners, former prisoners, and their supporters taking a stand. Among these freedom fighters is the California Coalition for Women Prisoners (CCWP), self-publishers of a newsletter entitled The Fire Inside (archived here). CCWP will be celebrating its 15th year anniversary on October 14, with an event in San Francisco featuring longtime anti-prison activist and former political prisoner Angela Davis along with other speakers and performers.

Our previous coverage of the statewide hunger strike focused on the issue of solitary confinement, as well as statewide grassroots organizing against California’s prison system. In this interview with three members of CCWP, we examine the treatment of women and transgender prisoners in California and discuss how CCWP is fighting back.

Diana Block is a founding member of CCWP and has been working on The Fire Inside newsletter since it was started. She is a mother and the author of a memoir entitled Arm the Spirit – A Woman’s Journey Underground and Back (AK Press, 2009).

Pam Fadem is a long time member of CCWP and has worked on the Fire Inside for over 10 years. She is a mom, a health educator and a disability rights activist as well. Pam had her own experience with the criminal injustice system when she refused to cooperate with a federal grand jury targeting the Puerto Rican Independence Movement.

Deirdre Wilson is a former prisoner, a program coordinator for CCWP and a mother. She began to work with Free Battered Women/CCWP shortly after she got out of prison because “the whole FBW/CCWP community made me feel honored for surviving my experiences and accepted me just as I was­a rare feeling for people released from prison!”

Angola 3 News: When and how was CCWP first started?

California Coalition for Women Prisoners: First, we want to thank Angola 3 News for this opportunity to discuss the California Coalition for Women Prisoners (CCWP) and The Fire Inside newsletter. This 15th Anniversary of The Fire Inside gives us a chance to reflect on where things were 15 years ago and all the many struggles that CCWP has been a part of since 1995.

Some of the founding members of CCWP are still involved with the organization, but many have gone on to other work and different parts of the country. Far too many prisoners and former prisoners have made their transition and are not around to remind us of our roots.

Luckily, The Fire Inside itself offers first-hand documentation of this history which is invaluable for building our movement forward through the next fifteen years and beyond.

CCWP was started by prisoners, former prisoners and advocates on the outside in 1995 when a lawsuit, Shumate v. Wilson, was brought by a team of legal organizations to challenge the cruel, inhumane, and unconstitutional medical care that women prisoners were enduring. The prisoner plaintiffs in the lawsuit recognized that they couldn’t expect that legal challenges alone would improve their conditions of confinement. They wanted to ignite a grassroots movement to challenge not only health care conditions but the entire prison system. CCWP was born from this vision and from the beginning it included members on both sides of the walls.

Soon after CCWP was started, prisoners decided that they wanted to put out a newsletter in collaboration with members outside. As founding member Charisse Shumate put it in the very first issue of the newsletter: “I, Charisse Shumate, wish I could be there with you because as you grow in numbers, for us behind the walls of CCWF, the big cover up is going on inside . . . Is it because they have forgot we are human? If walls could talk, we would not have to beg help.” (FI #1, June 1996).

From that first issue, published in June 1996, The Fire Inside has allowed the “walls to talk,” making visible the lives of tens of thousands of women and trans prisoners who have been literally disappeared from society.


(Video documentary by Freedom Archives and CCWP entitled, Charisse Shumate –
Fighting for Our Lives, can be viewed online here .)

A3N: What is published in The Fire Inside? How is it used as an organizing tool?

CCWP: For us, the newsletter has always been more than a printed set of words and some photos. When Dana, a former prisoner, suggested the name “The Fire Inside,” it clicked with all of us immediately because it signified that this newsletter could be a means of nurturing the fire of creativity and resistance on both sides of the walls.

As we say in the editorial for our special 15th Anniversary Commemorative issue: “Spirit and character shaped in resistance to systematic dehumanization give rise to profound expressions of humanity. The lessons are deeper than the news of particular issue or events…As long as we have a voice and can hear the voice of another, we can transform our conditions. It is not only those on the inside who suffer. It is not only those on the outside who provide the inspiration.” (FI #45, fall 2011)

The Fire Inside (FI) has always dealt with news, issues, events and the many dimensions of activism and resistance inside the women’s prisons. FI has been on the front lines of exploring and contesting the multifaceted ways in which gender oppression constructs the entire prison system. Many of the subjects it has opened up have subsequently been further investigated, documented and analyzed by advocates, academics, policymakers and authors across the United States.

Health care, motherhood and parenting, lesbianism and transgender experience, immigrant prisoners, racism, parole, spirituality, the school-to-prison pipeline, decarceration strategies and resistance are among the many topics that FI has explored over the years. Since Fall 2001, a portion of each newsletter has been translated into Spanish, since many prisoners do not speak or read English. FI has also engaged in dialogue about the torture at Abu Ghraib prison in Iraq, the ravaging impact of Hurricane Katrina, the racist legacy leading to the prosecution of the Jena 6 (young black men in Jena, Louisiana), and the racist prosecution and incarceration of the New Jersey 4, four young black lesbians in New York State.

FI has provided an opportunity for people who might not think of themselves as “writers” to see their own words and thoughts in print, whether as a full article, an interview, or a collage of many short statements woven together. These conversations have provided direction for CCWP’s activist program that addresses the range of problems identified in the pages of FI. The newsletter’s purpose is not just to describe existing conditions but to support an action program which will transform them.

A3N: What are some of the key projects that CCWP is involved in today and what role do current and former prisoners themselves play in CCWP?

CCWP: Our programs are all developed through the guidance and collaboration of the prisoners and former prisoners with whom we work. Since the overwhelming majority of women in prison are women of color, we prioritize the input of people from these communities – inside and outside of prison. Our current projects fall into four main categories:

(1) We monitor and challenge the abusive conditions inside the women’s prisons, including grossly inadequate health care, sexual abuse, and economic exploitation. We are actively supporting the Supreme Court ruling that requires California to reduce its prison population by 44,000 over the next three years. With regular input from prisoners, we are closely monitoring the state’s realignment process, which is shifting prisoners from state to county institutions in order to reduce overcrowding.

Unless realignment means the actual release of prisoners AND providing those returning to the community with the livelihood, shelter, trauma recovery services and peer support they need to succeed, it is just a matter of channeling prisoners from one inhumane facility to another.

(2) We fight for the release of women and transgender prisoners from life sentences as directed by law. We advocate for changes in the dysfunctional parole system in order to insure that all of those eligible for parole are actually released. We put a focus on the campaigns for release and change of the laws regarding survivors of intimate partner battering and those convicted as juveniles.

Recently we have expanded our work with young lifers - women and trans prisoners who are sentenced to life terms, or life without parole, when they were juveniles, an increasing trend in California. The U.S. is the only country in the world that sentences juveniles to life without parole and California has 270 juveniles in this category, the largest number in the country. We are working closely with a group of young lifers at the Central California Women’s Facility to educate the public about this issue and pass legislation that will change this policy. Currently, SB9, which is pending legislative approval, is a small step in this direction.

(3) We support women and transgender prisoners in their process of re-entering the community so they are able to survive, grow and become fully involved in the struggle for civil and human rights. It is extremely difficult for women and trans people coming out of prison after many years to sustain their survival and also become involved with social change activities unless they receive support and become part of a community that is dedicated to safety and to making change.

CCWP is developing new methods of offering peer support for sustainable re-entry and community involvement through our PAR program (Peer Advocates for Reentry). Through this program, we pair up women and trans people coming out of prison with former prisoners who have been out for a while to share their experiences, help navigate the system and encourage people to become involved with challenging the prison system.

(4) We organize against prison expansion and advocate for prison population reduction. As part of the CURB alliance, we develop campaigns that shift budget priorities away from incarceration and towards education and other forms of community investment. Unless we can reverse the tide of prison expansion in California and achieve a shift in public consciousness toward health and justice instead of destruction and death, we will not be able to achieve our other long term goals.

The CDCR has a history of trying to coopt activists working for women prisoners into supporting so-called “gender responsive” programs which actually feed into the expansion of the PIC. We are committed to insuring that any positive changes for women and trans prisoners do not lead to more prison beds or buildings.

A3N: Why do you think the number of women prisoners has increased so sharply as of late? How, if at all, has the mainstream media presented the rising incarceration rate?

CCWP: The growth surge for women prisoners began in the 1980’s and has continued steadily ever since. The population of women in prison has grown by about 800% since 1980. A large part of the increase has to do with the drug war and the way sentencing for drug-related offenses accelerated during the eighties. Approximately one third of all women in prison are now there due to drug-related offenses. Many women are serving long sentences for participation in incidents they were coerced into by men they were involved with.

The rising incarceration rate for women has had a devastating impact on children, families and the fabric of community life, especially in communities-of-color. From a structural perspective, undermining community fabric is part of the state’s strategy to destroy the capacity of communities to effectively resist.

When women prisoners are discussed by the corporate media, the focus is usually on sensational cases which involve violence and sex. The majority of offenses which land women in prison are ignored along with such chronic, crucial problems as health care, aging, and family relations. Legal and economic factors which have led to the dramatic increases in the women’s incarceration rate are rarely discussed. Still, it is important to recognize that women-centered advocacy organizations have forced the media to pay more attention to women prisoners over the past ten years, overcoming some of their invisibility.

A3N: What is different about conditions for female prisoners in California and throughout the US, as opposed to their male counterparts?

CCWP: We want to be careful in how we discuss the differences in conditions between men and women’s prisons. There are real differences, but our goal isn’t to make the conditions in women’s prisons “as good” as the ones in men’s prisons. Rather, our goal is to decrease the incarceration of all women, transgender and men prisoners and to improve conditions of confinement as much as is possible given the repressive nature of the PIC.

Prisons are organized to reinforce gendered forms of behavior based on a strict male/female dichotomy. So in women’s prisons this means that passivity, femininity, and obedience are consistently stressed in order to control the prisoners. There is rampant sexual abuse of large numbers of women by male officers and the trading of sexual favors for privileges. Since 80% of the women in prison have experienced abuse either as children or adults, the continuation of abusive treatment in prison is especially damaging. Women who exhibit so-called “male” behavior and transgender prisoners who identify as male or are transitioning from female to male are targeted for abuse and punishment by correctional officers. This is also true for prisoners who have transitioned from male to female.

Approximately 70% of people in women’s prisons are mothers and the majority were the primary caretakers of their children before they went to prison. This means that custody and parenting issues are extremely important for most women prisoners in a different way than they are for men. Many women are pregnant when they come to prison. Adequate healthcare during and after their pregnancy is a key issue which men do not have to face. Women face other specific health care issues over the course of their confinement as do trans prisoners. Women are also less likely to be supported by their former spouse or partner once they come to prison, leading to greater isolation.

Recently, in response to the US Supreme Court ruling mandating a reduction in the prison population, a plan has been floated to dramatically reduce the women’s prison population and possibly close a women’s prison. Of course, in and of themselves these are very positive steps which CCWP has been advocating for over the years.

However, it is important for us to insure that such plans are implemented in a way that will allow them to work. Unless women receive support and services when they are released, there is little chance that they will succeed in the current brutal economic environment with the types of stigmas and restrictions that all prisoners face.

We also need to insure that the remaining women prisoners are not subjected to more overcrowding and further reduction in basic necessities, as has been occurring over the past couple of years. And we need to counter any media formula which exceptionalizes women prisoners while it demonizes male prisoners. We need to be clear, mass incarceration is a racist, unjust and dysfunctional system for men as well as women.

A3N: What are some of the challenges to building public support for women prisoners? How do you address these challenges?
CCWP: Women prisoners have historically been invisible to the public. Over the past decade, largely as a result of demands from women prisoner organizations, this has become less true. However, the prototypical image of the violent, gang-involved, black or brown male prisoner is still the one the public is inundated with. It is the one that drives public discourse about prisoners and prisons.

CCWP’s main strategy has always been to create opportunities for prisoners, former prisoners and their family members to give voice to their own experiences and their own humanity. This is key in countering both invisibility and the demonization of prisoners.

A3N: Andrea Smith, co-founder of INCITE! Women of Color Against Violence argues that “the criminalization approach proffered in the mainstream anti-violence movement doesn’t work. And, also, this criminalization approach obfuscates the role of the state in perpetrating gender violence.” Similarly, in our previous interview, author/activist Victoria Law presented a variety of reasons why activists need to work outside of the criminal "justice" system. What do you think of Smith and Law's arguments? What is the best way to reduce and prevent violence against women both inside and outside prisons?

CCWP: We strongly agree with Smith and Law’s perspectives. Our work with incarcerated survivors of domestic violence has been rooted in exposing the role of the state in perpetrating gender violence. We have shown how domestic and state violence are part of a continuum of patriarchal, gendered violence through our campaigns to free incarcerated survivors starting with Theresa Cruz (see Fire Inside Issue #5 & #15). Not only are women consistently imprisoned for self-defense against violence, but once they are incarcerated they are required to accept guilt and show remorse for these acts in order to be released.

Violence reduction and prevention is a very complicated issue. Developing community based alternatives to the state is a necessary but protracted process. Such alternatives need to be rooted in consciousness raising and public education to expose how a violence-steeped patriarchal state promotes violence on all levels of the society.

It is absurd to look to this type of state to remedy problems with violence. Instead we need to work together to create healthy communities and new transformative structures that uproot the multi-dimensional causes of violence.

A3N: In what ways did CCWP and women prisoners participate in the recent statewide hunger strike in California prisoners? [Editor’s note: This interview was conducted before the strike restarted on September 26.]

CCWP: We have been an active part of the Prisoner Hunger Strike Solidarity Coalition from the beginning. Our members have visited prisoners on strike at Pelican Bay, fasted in solidarity with the prisoners, attended rallies, the legislative hearing in Sacramento, and have mailed in information to prisoners.

People in the women’s prisons told us that they had not known about the strike until they received information from us. Once they knew about it, some women fasted for a period of time. We have an article about the strike in the commemorative issue of our newsletter.

To us, the hunger strike exemplifies the leadership that prisoners can take in organizing against the most torturous of conditions and the ways in which prisoners can overcome their divisions to act together.

It shines a spotlight on the way in which the state is increasingly using prolonged solitary confinement as a means of pressuring prisoners to inform against each other. It also exposes how the issue of “gang affiliation” is being used to silence vocal and active prisoners and keep prisoners from organizing in any way.

A3N: How can our readers best support CCWP and subscribe to The Fire Inside?

CCWP: If you are in the Bay Area, consider volunteering with CCWP. We are a volunteer-based organization with only a couple of paid staff members, so we are always in need of committed volunteers. In these challenging economic times, financial support is also critical. You can donate online or send a check to: California Coalition for Women Prisoners, 1540 Market St., Suite 490, San Francisco, CA 94102.

You can also join our Women’s News email list, which is a low volume list-serve which covers issues and articles concerning women and transgender prisoners. You can subscribe to The Fire Inside through our website or by sending us a check for $25 (to the address in the previous paragraph). And if you are in the area, please join us at our Fire Inside celebration on Friday, October 14th, 2011 (Silent Arts & Crafts Auction of donations by local artists begins at 6:30 pm; Program at 7 pm; $20 donation, no one turned away for lack of funds; At The Women’s Building, 3543 18th St. @ Valencia, San Francisco, near 16th St. BART station, Wheelchair accessible; Childcare available - please call 415-255-7036 x314 by Monday, Oct. 10.)

Thank you again for the opportunity to share information about our vision and our work.

Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3.

© 2011 Independent Media Institute. All rights reserved.
View this story online at: http://www.alternet.org/story/152675/

Justice Roars: Crimes Against Nature law is a crime against us all.

86 the silence;

86 the violence.



Sex Worker Rights
Are Human Rights.

Remembering Marcia Powell.

International Day to End Violence Against Sex Workers
December 17, 2009

from our friend Jordan Flaherty at the blog Justice Roars: The Louisiana Justice Institute...

-----------------------------

Justice Department Report, Released Today, Calls Louisiana's "Crime Against Nature" Law Discriminatory

Thursday, March 17, 2011

An earlier version of this article originally appeared on ColorLines.com


Eve is a transgender woman living in rural southern Louisiana. She was molested as a child and left home as a teenager. Homeless and alone, she was forced to trade sex for survival. While still a teenager, she was arrested and charged with a Crime Against Nature, an archaic Louisiana law originally designed to penalize sex acts associated with gays and lesbians.


Now Eve is one of nine plaintiffs fighting the law in a federal civil rights complaint that advocates hope will finally put this official discrimination to an end.

This legal action comes in the context of increased scrutiny from the federal government over the conduct of the New Orleans Police Department. A US Justice Department investigation of the NOPD, released today, found "reasonable cause to believe that patterns and practices of unconstitutional conduct and/or violations of federal law occurred in several areas," including "racial and ethnic profiling and lesbian, gay, bi-sexual and transgender (LGBT) discrimination." The report specifically mentioned Louisiana's Crime Against Nature law, calling it "a statute whose history reflects anti-LGBT sentiment." The report also concluded that investigators "found reasonable cause to believe that NOPD practices lead to discriminatory treatment of LGBT individuals."

Punishing Women

Eve, who asked that her real name and age remain confidential, spent two years in prison. During her time behind bars she was raped and contracted HIV. Upon release, she was forced to register in the state’s sex offender database. The words “sex offender” now appear on her driver’s license. “I have tried desperately to change my life,” she says, but her status on the database stands in the way of housing and other programs. “When I present my ID for anything,” she says, “the assumption is that you’re a child molester or a rapist. The discrimination is just ongoing and ongoing.”

Eve was penalized under Louisiana’s 205-year-old Crime Against Nature statute, a blatantly discriminatory law that legislators have maneuvered to keep on the state’s books for the purpose of turning sex workers into felons. As enforced, the law specifically singles out oral and anal sex for greater punishment for those arrested for prostitution, including requiring those convicted to register as sex offenders in a public database. Advocates say the law has further isolated and targeted poor women of color, transgender women, and especially those who are forced to trade sex for food or a place to sleep at night.

In 2003, the Supreme Court outlawed sodomy laws with its decision in Lawrence v. Texas. That ruling should have invalidated Louisiana’s law entirely. Instead, the state has chosen to only enforce the portion of the law that concerns “solicitation” of a crime against nature. The decision on whether to charge accused sex workers with a felony instead of Louisiana’s misdemeanor prostitution law is left entirely in the hands of police and prosecutors.

“This leaves the door wide open to discriminatory enforcement targeting poor black women, transgender women, and gay men for a charge that carries much harsher penalties,” says police misconduct attorney and organizer Andrea J. Ritchie, a co-counsel in a new federal lawsuit challenging the statute.

A media-fueled national panic about child molesters has brought sex offender registries to every state. But advocates warn that, across the U.S., these registries have been used disproportionately against African Americans and other communities of color, and are often used for purposes outside of their original intent. Louisiana, however, is the only state in the U.S. that requires people who have been convicted of crimes that do not involve minors or sexual violence to register as sex offenders.

In 1994, Congress passed Megan’s Law, also known as the Wetterling Act, which mandated that states create systems for registering sex offenders. The act was amended in 1996 to require public disclosure of the names on the registries and again in 2006 to require sex offenders stay in the public registry for at least 15 years.

Megan’s Law was clearly not targeted at prostitution. However, Louisiana lawmakers opted to apply the registry to the crimes against nature statute as well, and at that moment started down the path to a new level of punishment for sex work. “This archaic law is being used to mark people with modern day scarlet letter,” says attorney Alexis Agathocleus of the Center for Constitutional Rights, another party in the lawsuit.

People convicted under the Louisiana law must carry a state ID with the words “sex offender” printed below their name. If they have to evacuate because of a hurricane, they must stay in a special shelter for sex offenders that has no separate facilities for men and women. They have to pay a $60 annual registration fee, in addition to $250 to $750 to print and mail postcards to their neighbors every time they move. The post cards must show their names and addresses, and often they are required to include a photo. Failing to register and pay the fees, a separate crime, can carry penalties of up to 10 years in prison.

Women and men on the registry will also find their names, addresses, and convictions printed in the newspaper and published in an online sex offender database. The same information is also displayed at public sites like schools and community centers. Women—including one mother of three—have complained that because of their appearance on the registry, they have had men come to their homes demanding sex. A plaintiff in the suit had rocks thrown at her by neighbors. “This has forced me to live in poverty, be on food stamps and welfare,” explains a man who was on the list. “I’ve never done that before.”

In Orleans Parish, 292 people are on the registry for selling sex, versus 85 people convicted of forcible rape and 78 convicted of “indecent behavior with juveniles.” Almost 40 percent of those registered in Orleans Parish are there solely because they were accused of offering anal or oral sex for money. Seventy-five percent of those on the database for Crime Against Nature are women, and 80 percent are African American. Evidence gathered by advocates suggests a majority are poor or indigent.

Legal advocates credit on-the-ground organizing and the advocacy of the group Women With A Vision (WWAV) for making them aware of this discriminatory law. WWAV, a 20-year-old New Orleans-based organization, provides health care and other services to women involved in survival sex work. “Many of these women are survivors of rape and domestic violence themselves,” says WWAV executive director Deon Haywood. “Yet they are being treated as predators.”

Plaintiffs Tell Their Stories

Ian, another plaintiff in the legal challenge to the Crime Against Nature statute, was homeless from the age of 13, and began trading sex for survival. When an undercover officer approached him and asked him for sex, Ian asked for money. “All I said was $50,” he says, “And they put me away for four years.”

In prison, Ian was raped by a correction officer and by other prisoners, and like Eve, he contracted HIV. Now, he says, potential employers see the words “sex offender” written on his ID and no one will hire him. “Do I deserve to be punished any more than I’ve already been punished?” he asks. “I was 13 years old. That’s the only way I knew how to survive.”

Hiroke, a New Orleans resident and another plaintiff in the suit, spoke on a call set up by advocates. “I had just graduated from high school and was just coming out as transgender,” she says. Hiroke was arrested and convicted while still a teenager. As she began to describe her experience, Hiroke’s voice began to shake. “I was being held with men in jail at the time…” she began. Then there was silence on the line. Holding back tears, she then apologized for being unable to continue.

The Louisiana legislature recently passed a reform of the Crime Against Nature statute, but for the vast majority of those affected, the change makes little to no difference. Although the new law takes away the registration component for a first conviction, a second conviction requires 15 years on the registry, and up to five years imprisonment. A third conviction mandates a lifetime on the registry. More than 538 men and women remain on the registry because they were convicted of offering anal or oral sex, with more added almost every day.

The legal challenge to the Crime Against Nature law, called Doe v. Jindal, has been filed in Louisiana’s US District Court Eastern District on behalf of nine anonymous plaintiffs. It was filed by the Center for Constitutional Rights, attorney Andrea J. Ritchie, and the Law Clinic at Loyola University New Orleans College of Law. The anonymous plaintiffs include a grandmother, a mother of four, three transgender women, and a man, all of whom have been required to register as sex offenders from 15 years to life as a result of their convictions for the solicitation of oral sex for money.

Posted by jordan flaherty at 2:33 PM