Spain: inmate pregnant with trans cellmate

The man -intact male body and no hormone therapy- had asked and obtained to be moved to the women's prison in Alicante because he 'self-perceived' to be a woman (self-id). A cellmate's pregnancy was the result. And the new Ley Trans, in force since December 2022, will make such transfers easier and more frequent
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In the Penitentiary Centre of Alicante Cumplimiento, known as Fontcalent Prison, an inmate identifying himself as a woman impregnated a cellmate.

According to the account confirmed by several prison sources, the inmate had been serving a sentence in the male module of the prison for several years, but during her stay she started to identify herself as a woman. On the documents he continues to appear as a man and has never undergone hormone treatment, let alone surgery. He simply reiterated his self-perception as a woman (self-id) and chose a female name. At the appropriate time, decided to request the transfer, which was authorised.

Once in the women's wing, according to several prison sources, started a relationship with one of his cellmates who shortly afterwards became pregnant. Although the prisoner initially considered terminating the pregnancy, she did not do so.

Until 2001, Spanish prisons used 'apparent sexual identity, taking into account physiological characteristics and external appearance' as a criterion for these decisions. However Since 2006, the 'psychosocial gender identity' has simply been assessed, regardless of the reality of the body. A psychological expertise must ascertain the presence of gender dysphoria over a period of at least twelve months and 'the absence of personality disorders that could have a decisive influence on the choice'.

Soon the criteria for the transfer of transgender prisoners will be further simplified with the implementation of the Ley Trans initiated by Irene Montero and approved in December 2022.

There are currently 79 trans people in Spanish prisons - excluding Catalonia and the Basque Country.according to data from penal institutions. No information was provided, however, on the number of prisoners who requested a sex change after the new law came into force.

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Translation by Maria Celeste


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