The lawsuit of raped transgender inmate Dee Farmer, whose case went all the way up to the Supreme Court, begins January 21st in Madison, Wisconsin. After Farmer had been raped in prison, she charged that prison authorities - who knew of her transgender status - had failed to take proper steps to protect her from a sexual assault which was virtually inevitable.
Wisconsin Federal Court Judge John Shabaz threw out Farmer's case on grounds that the prison had not been properly notified of the special risks she faced. Ms. Farmer, with little money and few resources, refused to back down, appealing her case all the way to the Supreme Court. The Court heard the case last year, ruling that prison officials could not require notification if the risk at hand was obvious. The case was sent back to Judge Shabaz's courtroom for trial.
Farmer's suit affects all current and future transgender prisoners who are held in a sexually-hostile environment, subject to repeated sexual assault, and dependent upon prison officials for protection. Farmer's case is unique in that - despite the tremendous odds against her - she has refused to drop her suit.
Ms. Farmer spoke to InYourFace from a prison in Oklahoma, where she is being held while in transit to her trial.
Declared Dee, "Transpeople in prison deserve to be able to pay their debt to society free of the constant fear of sexual assault or rape, just because prison authorities consider them disposable inmates. When my case was first heard, the courtroom was empty and the judge simply threw it out. This time, I hope members of the queer community will show up and support me. Not only because my case affects queer- inmates all across the country, but because -- although this time it's me -- the next time it could be any one."
Ms. Farmer is being represented by Wisconsin attorneys, Virginia Jones and Peg Kelsey. For those interested in attending the opening day to support Dee, the trail is at:
(c) 1996 InYourFace An on-line, news-only service for gender activism.
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