Firstly, so much of the world is actively hostile to trans people that trying to use it as a defense would backfire in the vast majority of courts. The trans panic defense is unfortunately a very real thing that lets killers and rapists get away with heinous crimes. A recent example of this is in Tennessee, where a court overturned a murder conviction upon finding out that the victim was trans - news article.
Secondly, assuming you do make it to a court where they have to plead, under oath, that they are trans and should be sent to a women’s prison, and it somehow doesn’t backfire- now they have to show proof of this history. A random cis dude claiming to be a woman is very unlikely to have a documented history of dysphoria or transition.
I don’t think you understand how much emotional and physical labor is actually involved in transition. Just getting approval for HRT is usually a huge task, with people often waiting up to years for it. HRT is a lifelong marathon, not a sprint. That’s not even talking about surgery which is a whole other can of worms. Now, I’m not arguing for transmedicalism and you can be a fully valid trans person without taking the medical route, but even then theyre likely to have at minimum a recorded history of dysphoria with a therapist. It’s really not feasible to just “claim you’re trans” overnight.
I find it particularly interesting that you assume being in the US would benefit you as it’s literally heading towards a trans genocide. Fwiw, I fled the US a while ago when I saw the writing on the wall.
Please take some time to meet actual trans people and talk to us, rather than resorting to strawmen
I’m not talking about any defense. I’m talking about legally changing sex as happened in Spain. This is well known story with lots of sources in Spanish. No HRT or history behind it because Spanish law doesn’t require it to change sex. A guy simply went to an office, change his gender in a government DB and was sent to female prison.
So, what do you think should happen in case like this? Should this (in the eyes of the law) women be sent to a male or female prison?
your argument only makes sense if you think sexual assault is inevitable in prisons. the idea that a prison can’t stop someone from sexually assaulting someone else is absurd.
ExLisper@lemmy.curiana.net 3 weeks ago
Maybe not in US but it does work like that in some countries. But I’m just curious. What would you do in a situation like that?
Witchfire@lemmy.world 3 weeks ago
You’re Just Asking Questions™ eh?
Firstly, so much of the world is actively hostile to trans people that trying to use it as a defense would backfire in the vast majority of courts. The trans panic defense is unfortunately a very real thing that lets killers and rapists get away with heinous crimes. A recent example of this is in Tennessee, where a court overturned a murder conviction upon finding out that the victim was trans - news article.
Secondly, assuming you do make it to a court where they have to plead, under oath, that they are trans and should be sent to a women’s prison, and it somehow doesn’t backfire- now they have to show proof of this history. A random cis dude claiming to be a woman is very unlikely to have a documented history of dysphoria or transition.
I don’t think you understand how much emotional and physical labor is actually involved in transition. Just getting approval for HRT is usually a huge task, with people often waiting up to years for it. HRT is a lifelong marathon, not a sprint. That’s not even talking about surgery which is a whole other can of worms. Now, I’m not arguing for transmedicalism and you can be a fully valid trans person without taking the medical route, but even then theyre likely to have at minimum a recorded history of dysphoria with a therapist. It’s really not feasible to just “claim you’re trans” overnight.
I find it particularly interesting that you assume being in the US would benefit you as it’s literally heading towards a trans genocide. Fwiw, I fled the US a while ago when I saw the writing on the wall.
Please take some time to meet actual trans people and talk to us, rather than resorting to strawmen
ExLisper@lemmy.curiana.net 3 weeks ago
I’m not talking about any defense. I’m talking about legally changing sex as happened in Spain. This is well known story with lots of sources in Spanish. No HRT or history behind it because Spanish law doesn’t require it to change sex. A guy simply went to an office, change his gender in a government DB and was sent to female prison.
So, what do you think should happen in case like this? Should this (in the eyes of the law) women be sent to a male or female prison?
sunsoaked_lily@lemmy.ml 2 weeks ago
your argument only makes sense if you think sexual assault is inevitable in prisons. the idea that a prison can’t stop someone from sexually assaulting someone else is absurd.