A California judge has ordered a court to respect the pronouns of an accused rapist who now wants to be known as a woman.
Madera County Judge Katherine Rigby ruled last week that prosecutors must refer to transgender prisoner Tremaine Carroll, 52, by she/her pronouns.
However, the district attorney’s office claims the inmate is exploiting legal protections intended for transgender convicts.
Carroll is accused of raping two women and impregnating a third while incarcerated at the Central California Women’s Facility in Chowchilla, where she was serving 25 years for robbing a jewelry store, according to WLS.
Carroll was housed at the women-only jail after being transferred from a male prison, despite previously admitting to kidnapping charges and facing allegations of other sexual assaults.
California’s Transgender Respect, Agency and Dignity Act means Carroll was able to swap jails without any evaluation or evidence of a transition, according to Madera County District Attorney Sally Moreno.
“This person does not need to be on cross-gender hormones, they don’t need to be signed up for transgender surgery, they don’t need to be a psychological evaluation regarding gender confusion, the mere statement is enough,” she told the outlet.
“This is a person who is not a woman in any sense of the word,” Moreno continued.
“After his first cellmate became pregnant and was moved to Los Angeles, two other cellmates of his had complained that he had raped them, so we have filed rape charges against this inmate.”
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Moreno said the controversial ruling regarding pronouns impacts her ability to prosecute the case.
“This is a particular issue in this case because it’s confusing to the jury,” the D.A. explained. “In California, rape is a crime that has to be accomplished by a man.”
Supervising Deputy District Attorney Eric Dutemple said it’s also unfair to the victims.
“It’s just absolutely insane that a victim would have to get on the stand and police their pronoun usage when trying to recite one of the scariest times of their lives,” he told the outlet.
In a statement to the outlet, the California Department of Corrections and Rehabilitation said it is “committed to providing a safe, humane, respectful and rehabilitative environment for all incarcerated people,” noting Senate Bill 132, The Transgender Respect, Agency and Dignity Act, which became effective on Jan. 1, 2021, which “allows incarcerated transgender, non-binary and intersex people to request to be housed and searched in a manner consistent with their gender identity.”
The statement noted: “CDCR reviews every request to be transferred under Senate Bill 132 to determine whether that move, based on the individual’s case factors, would present a safety and management concern.”
It added: “At all our institutions, CDCR thoroughly investigates all allegations of sexual abuse, sexual misconduct, and sexual harassment pursuant to our zero-tolerance policy and as mandated by the federal Prison Rape Elimination Act.”
Carroll has since been relocated to men’s-only Salinas Valley State Prison.
Carroll fired the defence attorney handling the case, according to Moreno, and will represent herself at her next hearing.
Carroll’s next court appearance is scheduled for Jan. 14.