Social theory describes and explains the world but can also transform it. The generative power of theory has been shown for disciplines that emulate natural sciences, like economics and psychiatry. I argue that queer theory has similar power, using the case of prison policy in England and Wales. The theory’s privileging of gender over sex helped to transform the criteria for incarcerating males in women’s prisons: from genital surgery to legal status, and then to gender identity. The implementation of queer theory enables us to unpack two distinct meanings of gender performance. The first is dramaturgical, where the individual gives off the appearance of femininity or masculinity through body modification, clothing, and gesture. The second meaning of performance is illocutionary, where the individual verbally declares themself to be man or woman. This case demonstrates the impact of queer theory on institutional policy and elite opinion, even under a Conservative government.
Social theory provides a model
The transformative power of queer theory is illustrated by the transition from sex to gender in the prison service in England and Wales from the 1990s to the 2010s.
The article begins by explicating the logic of queer theory, focusing on Judith Butler. Subsequent sections narrate three phases of policy, defined by the criteria for entry to women’s prisons. In the first phase the criterion was genital surgery. Although queer theory was embraced by activists, policy was really changed by the unintended consequences of judicial decisions. Prisoners won the right to healthcare equal to that provided outside prison, while transsexual patients won the right to genital surgery. In combination, these cases established a right for prisoners to obtain genital surgery, which in turn enabled them to move to the women’s estate. When clinicians decreed that the prerequisite for genital surgery—living as a woman—could not be fulfilled in a men’s prison, then it naturally followed that male prisoners desiring genital surgery had to be transferred
This article focuses narrowly on the incarceration of males in women’s prisons. It excludes important topics pertaining to the treatment of transgender prisoners in the men’s estate: segregation, as for example in a hospital wing or Vulnerable Prisoner Unit; rules for clothing and accoutrements like wigs and cosmetics; and the availability of cross-sex hormones. Likewise excluded is the effect of potential incarceration on sentencing: in some cases transgender males avoid a custodial sentence because that would be served in a men’s prison.
Terminology is inevitably controversial with this subject. I use the terms transsexual or transgender as appropriate for the era. Circumlocutions such as ‘a pre-operative, pre-hormone therapy, male-to-female transgender prisoner’
Queer theory resists definition. It will therefore help to focus specifically on Butler, who is most cited by those shaping prison policy. In the words of Kate More, an influential British activist, Butler’s
Second-wave feminists had asserted that gender was socially constructed on a biological foundation; ‘a taboo against the sameness of men and women’, as Gayle Rubin put it, ‘exacerbates biological differences between the sexes’.
Sex is not just fictitious, according to Butler; it is also pernicious. The ‘discursive ordering and production of bodies in accord with the category of sex is itself a material violence’.
If gender is paramount, what is it? Butler is best known for the notion of performativity. Most obviously, ‘gender is a kind of a doing, an incessant activity performed’.
Queer theory’s academic success is indisputable.
‘The women felons should be quite separate from the men’ urged the famous eighteenth-century prison reformer, John Howard.
The Director General’s statement was a response to activism that emerged in the early 1990s. Press for Change was founded by Stephen Whittle and others to campaign ‘for the legal rights of transsexuals’.
Labour’s accession to power in 1997 created a more favourable climate for transsexual activists—or transgender activists, as they began to prefer.
The exception for transsexuals who had previously undergone genital surgery applied to very few, of course. Besides Greaves, Stephanie Lloyd spent three months in HMP Askham Grange, a women’s open prison, for selling transgender-themed adult videos;
The 1999 decision enabled prisoners serving lengthy sentences to transfer to women’s prisons. For the NHS to approve genital surgery, the patient on cross-sex hormones would have to pass the ‘real life’ test, to ‘live and work in their female role for two years’. According to the consultant psychiatrist Russell Reid, who advised inmates, this test ‘is very difficult, though not impossible for them to fulfil’.
Press for Change’s crowning success was the Gender Recognition Act of 2004, which enabled anyone to apply to be recognized legally as the opposite sex. A medical diagnosis was needed to obtain a gender recognition certificate and thereby an amended birth certificate, but endocrinological or surgical intervention was not required. It was the first law in the world to divorce legal sex from the physical body. As Whittle declared, ‘the Gender Recognition Act is performative (see Butler 1990), in that as a form of speech-act, what it “does” is make gender into sex in law’.
Change in policy came about, as in 1999, as the unintended consequences of a decision taken outside the prison system. Mark Jones had served a sentence for manslaughter, for strangling his boyfriend. A few days after release from prison, Jones attempted to rape a woman who worked in a shop selling transgender accoutrements. (The shop was owned by Stephanie Lloyd, mentioned above as an early transsexual prisoner.) Jones, now using the name Karen, was sentenced to life imprisonment. In prison, Jones was given cross-sex hormones and laser hair removal, and obtained a gender recognition certificate. But the NHS Gender Identity Clinic would not approve genital surgery, on the grounds that Jones could not pass the ‘real life’ test in a men’s prison. This was a policy reversal, of course, because at least twelve male prisoners had undergone genital surgery while in the men’s estate.
Jones contacted Whittle who helped orchestrate a judicial review, held in 2009.
The rights of the women who would share facilities with such a person were ignored. James Barrett, lead psychiatrist at the Gender Identity Clinic, had concern only for the welfare of Jones: ‘There will probably always be a small number of prisoners who will choose to make an issue of the matter because they are the sort of women who enjoy conflict. If this patient is able to cope with protracted close proximity [with] women of that sort I would judge her able to cope with the less prolonged, more avoidable, travails of the civilian world’.
As a result of this judgment, in 2011 the prison service drafted the first official regulations for
The shift from genital surgery to legal sex in the 1990s and 2000s was most immediately caused by unintended interactions between the health system and the legal system. The changes were brought about piecemeal by judges and psychiatrists; if their actions were informed by theory, it was the liberal individualism of human rights. Queer theory was nevertheless crucial for shaping the Gender Recognition Act, which one of its authors—Whittle—viewed as the implementation of Butler’s ideas. The Act legislated dramaturgical performativity, because it required someone to have ‘lived in the acquired gender’ for two years as a precondition for changing legal sex. This mysterious phrase was not specified, nor did advocates like Whittle explicate its meaning. Presumably it originated in the real-life test required for surgery by the Gender Identity Clinic, which also spanned two years. According to Barrett, success ‘is achieved if the patient is treated by most others
Changes to prison policy in the 1990s and 2000s affected few individuals. These cases were sensationally reported by the tabloid press—emphasizing the cost of surgery to the taxpayer—but they attracted no significant public interest. This changed dramatically over the next decade. ‘Increasing positive, well-informed representations of transgender people in the media’ was the aim of Trans Media Watch, created in 2009.
Just a few months after the interview, Tara Hudson was convicted of assault for headbutting a barman, causing serious dental injuries. Given Hudson’s record of eight previous convictions, including battery, the court sentenced Hudson to twelve weeks in a men’s prison. This news outraged Cerian Jenkins, an undergraduate at the University of Bath—located in Hudson’s home town. She was already an activist, having founded the Bath Gender Equality Network ‘for intersectional, sex-positive feminists’;
People who took up the cause were outraged because they viewed Hudson unambiguously as a woman. The petition stated that Hudson had ‘lived as a woman all her adult life’. In a men’s prison, therefore, Hudson would be subject to ‘constant and terrifying sexual harassment’.
Hudson’s sentence was appealed. While the judges refused to grant the appeal due to Hudson’s extensive criminal record, they did suggest removal to a women’s prison.
Within a few weeks, two transgender inmates died in prison. Vicky Thompson, aged 21, was found hanged while on remand for theft. The offence had occurred while Thompson was serving a suspended sentence for assaulting and robbing two women. Thompson did not have a gender recognition certificate, and had never taken cross-sex hormones. According to a prison official, Thompson ‘did not want to go to a women’s prison because other prisoners would be “bitchy”’.
Edward Latham committed suicide while serving a life sentence for attempting to murder a woman and subsequently trying to kill two prison inmates. He was held in HMP Woodhill’s Close Supervision Centre, designated for the most dangerous prisoners. Latham announced that he was Muslim early in 2015 and made plans to change his name, but three months later he asked to be recorded as having no religion. In August, Latham declared himself to be a woman, taking the name Joanne. The prison immediately supplied feminine clothing and cosmetics.
These two deaths were followed by the opening salvo in a judicial review of Hudson’s treatment.
The review took evidence from transgender prisoners, but apparently met no female prisoners. The ensuing report took ‘as its starting presumption a wish to respect someone in the gender in which they identify’. This Butlerian premise led to the ineluctable conclusion. ‘Allowing transgender offenders to experience the system in the gender in which they identify will, in the great majority of cases, represent the most humane and safest way to act’.
Previous criteria for incarceration in a women’s prison—first genital surgery, then possession of a gender recognition certificate—were clear. Gender identity, by contrast, was inherently ambiguous. How the evidence could be evaluated by the Case Board in practice was left to the imagination. Moreover, officials would know that refusal to grant the wishes of a transgender prisoner would lead to negative media coverage and also to internal scrutiny. The National Offender Management Service created a Transgender Advisory Board—whose members included Stewart—‘to inform policy and establish best practice’.
Before the 2015 review was completed, there was already evidence that the motivations for proclaiming a transgender identity were not always benign. The British Psychological Society wrote about ‘a number of cases where men convicted of sex crimes have falsely claimed to be transgender females’. Motivations included ‘demonstrating reduced risk and so gaining parole; … explaining their sex offending aside from sexual gratification (e.g., wanting to “examine” young females); … separating their sex offending self (male) from their future self (female); … seeking better access to females and young children through presenting in an apparently female way’.
The new regulations for
The consequences of incarcerating males with women were ignored or denied by transgender activists and by politicians and officials. Conceivably some assumed that transgender males, like Hudson, are sexually attracted to men. In fact, many are sexually attracted to women. Moreover, a disproportionate number had committed crimes of a sexual nature. From its own research, Fair Play For Women estimated that 41% of transgender males in prison were sex offenders. This proved to be an underestimate. Of the 125 transgender prisoners counted by the prison service in 2017, 60 had been convicted of sexual offences, including 27 convicted of rape.
The prevalence of sex offenders amongst transgender males has yet to be explained. Possibly sex offenders had an incentive to claim a transgender identity. One transgender inmate suggested that ‘trans-imposters’ sought the status in order to avoid taking the Sex Offenders Treatment Programme.
For a transgender male who had not acquired a gender recognition certificate, the Transgender Case Board could take offending into account in deciding whether to grant a request to transfer to a women’s prison. Two cases from 2017 show that officials prioritized the new guiding principle: ‘a wish to respect someone in the gender in which they identify’. Kayleigh-Louise Woods was sentenced to serve a minimum of 26 years for murdering a woman, and within months was transferred to a women’s prison, HMP Eastwood Park.
While remanded in prison, White sexually assaulted four inmates, hugging and groping them and displaying an erect penis.
White’s case is illuminating for what it reveals about the performance of gender. It presents a clear contrast with Hudson’s dramaturgical performativity. Notwithstanding violent aggression more typical of males, Hudson expressed a recognizable version of femininity—in physique (breast implants) and presentation (long hair and makeup). White’s performance, by contrast, was perfunctory. According to Jenny-Anne Bishop, who led the local transgender support group, White ‘insisted people referred to her in her acquired gender without trying terribly hard to present as a woman’.
The illocutionary act was felicitous—to use Austin’s terminology—because it was backed by the power of the state .
It is not fanciful to see White as the apotheosis of queer theory as implemented in English prisons. Indeed, a Reader in Criminology and Queer Theory at Birkbeck has vigorously endorsed White’s claim to be a woman, and thereby White’s right to be incarcerated with women. Lamble presented her argument at a seminar at Oxford entitled ‘Trans prisoners, sex segregation and the queer politics of safety’; another version was given at Edinburgh.
From the 1990s to the 2010s, it became successively easier for males identifying as transgender to enter women’s prisons—first by obtaining genital surgery in prison (Pilley), then by gaining a gender recognition certificate (Jones), then through performing femininity (Hudson), and finally by claiming to be a woman (White). These successive changes brought the prison service closer to the world envisaged by queer theory, in which ‘gender emerges as the term which absorbs and displaces “sex”’.
Before recapitulating that argument, however, it should be acknowledged that policy was partially reversed after White’s incarceration became public knowledge in 2018. Regulations were revised to emphasize ‘a balanced approach which considers the safety and needs of those who are transgender, whilst ensuring that decisions do not negatively impact on the well-being and safety of others, particularly in custodial settings such as in women’s prisons’.
The causal importance of queer theory in changing prison policy is clearly evidenced by the role played by individuals who were avowed enthusiasts of Butler. Whittle was the most influential for policymakers, followed by Stewart. Jenkins changed policy indirectly through her media campaign. More and Lamble are also noteworthy for their discursive contributions. Their activism was altruistic in the sense that they gained no direct benefit from changing prison policy, because none of them were prisoners or faced any realistic prospect of incarceration. Arguably they stood to gain indirectly from the institutionalization of queer theory, but only because it had informed their respective identities (transgender or queer).
Together these activists managed to embed the esoteric propositions of queer theory into the everyday operations of politicians and officials. One banal example is a report on ‘the health and social care needs’ of transgender prisoners produced by Community Innovations Enterprise, a Limited Liability Partnership controlled by Lord Patel of Bradford.
Queer theory was not the only force driving the transition from sex to gender. The liberal individualism of human rights was important in the early phase. This discourse informed a series of legal decisions which erected a new domain of rights around gender identity. Thus Article 8 of the European Convention on Human Rights which guarantees respect for private and family life was interpreted as requiring the transfer of a violent rapist to a women’s prison. There is an affinity between the liberal discourse of human rights and the radical discourse of queer theory: they favour those who are construed as victims of formal institutions of power. From this perspective, it is progressive to champion the transgender prisoner contesting the power of the state and transgressing the dominant categories of society. The power that can be exercised among individuals, such as that exerted by one inmate over another, is ignored. Thus no consideration was given to women who would be confined with violent or sexually predatory males. Female prisoners were invariably treated as an audience obliged to validate the performance of gender identity.
One of queer theory’s effects was to suppress information about sex which could falsify the theory. Official data on the number of males in the women’s estate were collected only after pressure from dissident feminists.
One final irony is worth noting. Queer theory claims to offer a ‘radical critique of the categories of identity’.
Chetan Bhatt, Kate Coleman, Mathis Ebbinghaus, Richard Garside, Annabel Markham, Susan Matthews, and Selina Todd provided valuable information and criticism. My interest in this topic was sparked by a pseudonymous blogger, Gallus Mag.
Butler, Judith. 1990.
Evans, Martin, Kate McCann, and Olivia Rudgard. 2018. Transgender Person Accused of Rape Is Remanded into Female Prison and Sexually Assaults Inmates Within Days.
Geertz, Clifford. 1966. Religion as a Cultural System. In
MacKenzie, Donald A. 2006.
Hacking, Ian. 1995.
Butler, Judith. 1993.
The administrative jurisdiction is England and Wales, but no women’s prison is located in Wales, and so the subject matter is in effect women’s prisons in England.
Ministry of Justice. 2020. Prison Population, 31 December 2019.
Jeffreys, Sheila. 2014.
Murray, Kath, and Lucy Hunter Blackburn. 2019. Losing Sight of Women’s Rights: The Unregulated Introduction of Gender Self-Identification as a Case Study of Policy Capture in Scotland.
Rape now requires penetration by a penis (Sexual Offences Act 2003), and previously was defined as perpetrated by a man (Sexual Offences Act 1956). In rare cases a female accomplice can be charged with rape under the doctrine of joint enterprise.
E.g., Swerling, Gabriella. 2020. Hammer-Wielding Trans Woman Escapes Prison after Judge Hears There Was No Way to Confirm Her Gender.
Law Society of Ireland. 2019. Male-bodied Transgender Inmate Housed with Women.
More, Kate and Judith Butler. 1997. On Transsexuality: Excitable Speech.
The term initially denoted theorizing about gay and lesbian sexuality but soon accrued the broader meaning used here. De Lauretis, Teresa. 1991. Queer Theory: Lesbian and Gay Sexualities.
Rubin, Gayle. 1975. The Traffic in Women: Notes on the “Political Economy” of Sex.
Butler,
Butler,
Kessler, Suzanne J. J., and Wendy McKenna. 1978.
Butler, Judith. 1992. Contingent Foundations: Feminism and the Question of “Postmodernism”. In
Butler,
Rubin, The Traffic in Women, p. 100.
Butler, Judith. 2004.
Ibid., p.1.
Goffman, Erving. 1977. The Arrangement Between the Sexes.
Austin, J. L. 1962.
E.g., Halperin, David M. 2003. The Normalization of Queer Theory.
Howard, John. 1777.
United Nations. 1957. Standard Minimum Rules for the Treatment of Prisoners.
Greaves immediately appealed and eventually received a suspended sentence, and so presumably did not actually go to prison. Avery, Linda. 1982. The Legal Labyrinth that Faces the Transsexual.
House of Commons Debate, 18 May 1994, 460W.
McMullan, Melanie, and Stephen Whittle. 1994.
Ibid., p. 172.
[More, Kate and Diane Crane]. 1996. Housekeeping.
More and Butler, On Transsexuality.
More, Kate. 1996. Submission to Her Majesty’s Prison Service: Proposals for HMPS Review of Guidelines Relating to Transsexual Prisoners.
House of Commons Debate, 22 May 1995, 496W.
Burns, Christine. 2014.
Whittle, Stephen. 2002.
More, Kate, and Stephen Whittle. (eds.) 1999.
Whittle, Stephen. 1998. Guest Editorial.
Whittle,
Interdepartmental Working Group. 2000.
Lloyd, Stephanie Ann. n.d. Stephanie’s Autobiography.
Campbell, Duncan. 1996. Blackmailer Threatened to Infest Store with Fleas: Transsexual Jailed Over Harrods Plot.
Burrell, Ian. 1999. Murderer to Get Sex Swap on the NHS.
Goodchild, Sophie. 2000. Prisons Inspector Calls for Sex Change Ops.
Burrell, Murderer to Get Sex Swap on the NHS.
Ibid.
Francis, Bill. 2013. Sex-Swap Lag’s Wedding Chop.
Whittle, Stephen, and Lewis Turner. 2007. “Sex Changes”? Paradigm Shifts in “Sex” and “Gender” Following the Gender Recognition Act?
House of Commons Debate, 23 February 2004, c52.
Whittle, Stephen, Lewis Turner, and Maryam Al-Alami. 2007.
Williams, David. 2006. Victims Condemn Prisoner’s £50,000 Sex Swop [sic].
Emerton, Robyn. 2018. Transgender Prisoners: Law, Prison Administration, and the Emerging Tension between Human Rights and Risk. Ph.D. thesis, Keele University, Keele, UK, pp. 297–98.
Ford, Richard. 2006. Inmate Goes from Man to Woman and Back on NHS.
Whittle, Stephen. 2011. Message ‘Re: Info Request’ to
Ibid., para 63.
Ibid., para 70.
Whitehead, Tom. 2009. Transsexual Prisoner Wins Right to Be in Female Prison.
Ministry of Justice. 2011.
Ibid., p. 16.
Prisons and Probation Ombudsman. 2016.
Barrett, James. 2007.
Goffman, Erving. 1967.
Trans Media Watch. n.d. Memorandum of Understanding. p. 4.
Lees, Paris. 2013. From Bullied Child to Transgender Woman: My Coming of Age.
Lees, Paris. 2013. “I hope Chelsea Manning Gets the Help She Needs”: Paris Lees, Transgender Former Prisoner, on Life Inside.
Nicholson, Rebecca. 2015. Laverne Cox: “Now I Have the Money to Feminise my Face I Don’t Want to: I’m Happy That This Is the Face God Gave Me”.
J[enkins], Ceri[an]. 2015. Stop Transgender Woman Tara Hudson from Being Sent to an All-Male Prison in Bristol.
Jenkins, Cerian. 2016. Judith Butler at the LSE.
Gayle, Damien. 2015. Transgender Prisoner at HMP Bristol “Being Sexually Harassed”.
Saunders, Josh. 2015. Playboy TV Chat Glamour Model with 34E Breasts Who Has Seduced 1,000 Men Reveals “I’m Actually a Bloke”.
Morgan, Cheryl. 2015. Trans and the Law: Theory and Practice.
Jenkins, Why I Started the Petition ….
Saunders, Playboy TV Chat Glamour Model ….
Rea, Samantha. 2015. Mainstream Media a Mouthpiece for Tara Hudson’s Mother.
Sanghani, Radhika. 2016. Tara Hudson: “The Harrowing Reality of Being a Trans Woman in an All-Male Prison”.
Gayle, Damien, and Kevin Rawlinson. 2015. Transgender Woman Moved from Men’s to Women’s Prison.
Lees, Paris. 2011. Interview: Genderqueer Performer CN Lester.
Hopkins, Steven. 2015. Transgender Prisoners: Cases of Tara Hudson, Vicky Thomson and Joanne Latham Reveal Deepening Crisis.
Prisons and Probation Ombudsman. 2015.
Pidd, Helen. 2017. Transgender Woman at Male Prison Did Not Mean to Kill Herself, Jury Finds.
Quinn, Ben. 2015. Partner of Transgender Woman Found Dead in Prison Calls for Law Change.
Prisons and Probation Ombudsman. 2016.
Allison, Eric, and Helen Pidd. 2015. Second Transgender Prisoner Found Dead in Male Jail.
Hudson’s 2015 legal action fizzled out, but was relaunched in 2018; the Ministry of Justice will disclose only that ‘this claim has been concluded’. Bhatt Murphy. 2015. Tara Hudson Welcomes Transgender Policy Review.
Ministry of Justice. 2015. Review into the Care and Management of Transgender Offenders: Written Statement made by the Parliamentary Under-Secretary of State for Justice, Minister for Women, Equalities and Family Justice (Caroline Dinenage). 8 December.
Stewart, Jay. 2018. Gendered Intelligence.
Stewart, Jay. 2015. Trans on Telly: Popular Documentary and the Production of Transgender Knowledge. Ph.D. thesis, Goldsmiths College, University of London, London, UK.
Ministry of Justice. 2016.
Ministry of Justice. 2016.
Ibid., p. 5.
Gendered Intelligence. 2017.
British Psychological Society. 2015. Written evidence submitted to the Women and Equalities Committee’s Transgender Equality Inquiry. 20 August.
British Association of Gender Identity Specialists. 2015. Written evidence submitted to the Women and Equalities Committee’s Transgender Equality Inquiry. 20 August.
E.g., Campaign to End Rape. 2015. Written evidence submitted to the Women and Equalities Committee’s Transgender Equality Inquiry. 21 August.
Women and Equalities Committee, House of Commons. 2016.
Ibid., p. 86.
Ministry of Justice. 2016.
Ministry of Justice. 2017.
Fair Play For Women. 2017. Investigation into the Number of Trans-Identifying Males in Prison in England and Wales and Their Offender Profiles.
Ministry of Justice. 2018.
BBC News. 2018. How Many Transgender Inmates Are There?
Ministry of Justice. 2018b.
Anonymous. 2016. Trans-imposters.
Blanchard, Ray. 1989. The Concept of Autogynephilia and the Typology of Male Gender Dysphoria.
Långström, Niklas, and Kenneth J. Zucker. 2005. Transvestic Fetishism in the General Population.
Ibid., para 30.
Ibid., para 36.
Sims, Paul and Wells, Tom. 2019. Transgender Killer Romped with a Female Inmate Weeks after Switch to Women’s Jail.
White admitted two counts of indecent assault and two more counts were laid on file. Evans, Martin, Kate McCann, and Olivia Rudgard. 2018. Transgender Person Accused of Rape Is Remanded into Female Prison and Sexually Assaults Inmates Within Days.
Brown, David. 2020. Seven Sex Attacks in Women’s Jails by Transgender Convicts.
Doran, Sean-Paul. 2017. Transgender Rapist Moved to Women’s Jail Put in Segregation After Making “Unwanted Advances” on Other Lags.
Parveen, Nazia. 2018. Karen White: How “Manipulative” Transgender Inmate Attacked Again.
Bannerman, Lucy, and Mark Lister. 2018. Rapist, Karen White, in Women’s Jail “Was Trans Faker”.
Austin,
Parveen, Karen White.
Bannerman and Lister, Rapist, Karen White ….
College of Policing. 2014.
Greater Manchester Police. 2016.
Lamble, Sarah. 2019. The Surface and Depth of Gender: Trans Prisoners, Sex Segregation and the Queer Politics of Safety. Seminar at the University of Oxford, 14 February; Lamble, Sarah. 2021. Old Discourses, New Tropes: Rethinking the Trans Prison Policy Debates and the Construction of Dangerous Others. Seminar at the University of Edinburgh, 25 January.
Lamble, Sarah. 2013. Queer Necropolitics and the Expanding Carceral State: Interrogating Sexual Investments in Punishment.
Gilligan, Andrew. 2018. Why Was Convicted Paedophile Allowed to Move to a Female Jail?
The interpretation of this case—and of Foucault’s reconstruction—is contested. Foucault, Michel. 1975.
Butler.
Ministry of Justice. 2019.
Ministry of Justice. 2018.
Ministry of Justice. 2019.
National Offender Management Service. 2019. HMP Downview E Wing Equality Analysis version 16.0 for publication.
Ibid.; also Gilligan, Andrew. 2019. “Europe’s First Jail in a Jail” for Trans Women.
Fisher, Lucy, and Fariha Karim. 2020. Change Law on Women’s Spaces, Says Rebecca Long Bailey.
Community Innovations Enterprise. 2017.
Hall, Emily, and James Fielding. 2018. Transgender Activist Jailed for Killing Her Boyfriend and Trying to Rape Shop Assistant Five Days after Being Released from Prison Is Invited to Speak at House of Lords.
Butler.
E.g., Fair Play For Women. Investigation into the Number …; Keep Prisons Single Sex. 2020. Collecting and Reporting Data about Sex, Submission to Office for Statistics Regulation.
Ibid., para 49.
Hacking, Ian. 2007. Kinds of People: Moving Targets.
Butler.
Lamble, Sarah, Tanya Serisier, Alex Dymock, Nicola Carr, Julia Downes, and Avi Boukli. 2020. Queer Theory and Criminology.
Judicial College. 2013.