Abstract:
When offenders are sentenced to prison, they are classified in two areas that determine
which prison they are sent to in order to serve their sentence. These two factors are offense and
gender. There are minimum, medium, maximum, and super-maximum prisons. This
classification is based on the crime committed. Next, they are classified based on gender. Under
current legislation, the criminal justice system in the United States operates under the assumption
of the gender binary. Inmates can either be sent to an all-male institution or an all-female
institution. This gender classification is based on anatomy. For this reason, transgender inmates
who have not fully transitioned upon sentencing or have chosen to not undergo any surgical
procedures are sentenced to prisons that do not fit the gender identity that they live by in the
outside world. Transgender male inmates are sent to all-female prisons, even though they
identity as men. Transgender female inmates serve time in all-male facilities, even though they
identify as women.
Few research studies have been conducted about how this gender binary classification
system affects the ever-growing number of individuals who do not conform to this binary
standard. This case study used thematic narrative analysis to explore a convicted sex offender’s
experience while incarcerated and their experience in the community following their
incarceration while navigating both a sex offender label and as an individual who identifies as a
transgender woman. After reviewing the transcripts, themes concerning her interactions with
criminal justice professionals and the general public emerged. The unique challenges the
participant faced as a convicted sex offender and a transgender woman are discussed along with
pratical policy implications and future research.
