An unusual trial wrapped up in Florida earlier this month. Harold Seymore, charged with sexually assaulting a woman in 2005, was convicted and sentenced to 15 years in prison, plus 10 years of probation. So what made this trial different? Seymore, a man at the time of his 2005 arrest, faced jurors wearing a dress. After struggling with gender identification issues his whole life, Seymore slowly transitioned to a woman over the nearly 10 year period between arrest and sentencing.
Seymore’s conviction took nearly 10 years because Seymore faces serious mental health issues. She was diagnosed with bipolar disorder with psychotic features and hallucinations. Not surprisingly, these struggles made it difficult for her to work with an attorney and prepare a defense. Between her arrest and conviction, Seymore was sent to state psychiatric facilities four times by judges who deemed her mentally incompetent.
During stints in jail, Seymore was always housed in a single person cell, away from the male inmates. Michael Silverman, executive director of the Transgender Legal Defense & Education Fund, said, “Transgender women are in extreme danger in male prisons. There is a very high rate of violence, including sexual violence. Often, prison officials resort to special housing units, which are nothing more than solitary confinement. It can be extremely psychologically damaging.”
Indeed, Seymore confirmed that her days in prison were very isolating. “23 hours a day in solitary. I got the yard to myself. I have to take showers by myself.”
So how would a case like Seymore’s be handled in Arizona? How are transgender inmates treated here? It’s hard to say. Arizona is one of the few states that do not comply with the Prison Rape Elimination Act, which was implemented in 2012. In general, only transgender inmates that have undergone genital surgery are housed according to their reassigned sex. Transgender inmates are often targets of violence, so “protective custody” measures such as solitary confinement may be used. But, as Margie Diddams of the Arcoiris Liberation Team points out: “There isn’t a safe place in detention for transgender detainees.”
To read more about the Seymore trial, click here.
