entremet
Member
http://www.nytimes.com/2015/05/13/u...n-region®ion=top-news&WT.nav=top-news&_r=0
Damn shame.
Damn shame.
NEW BOSTON, Tex. — The inmate, dressed in prison whites with a shaved head and incongruously tender eyes behind wire-rimmed glasses, entered the visiting room with her wrists joined as if she were handcuffed. At 31, she had spent her whole adult life behind bars, and it looked like a posture of habit.
She introduced herself: “My given name at birth was Joshua Zollicoffer, but my preferred name is Passion Star.”
A transgender woman whose gender identity has been challenged by Texas authorities, Ms. Star herself is challenging Texas’ refusal to accept new national standards intended to eliminate rape in prison, which disproportionately affects gay and transgender prisoners. Last spring, Gov. Rick Perry declared in a letter to Attorney General Eric H. Holder Jr. that Texas had its own “safe prisons program” and did not need the “unnecessarily cumbersome and costly” intrusion of another federal mandate.
After decades of societal indifference to prison rape, Congress, in a rare show of support for inmates’ rights, unanimously passed the Prison Rape Elimination Act in 2003, and Mr. Perry’s predecessor as governor, President George W. Bush, signed it into law.
“The emerging consensus was that ‘Don’t drop the soap’ jokes were no longer funny, and that rape is not a penalty we assign in sentencing,” said Jael Humphrey, a lawyer with Lambda Legal, a national group that represents Ms. Star in a federal lawsuit alleging that Texas officials failed to protect her from sexual victimization despite her persistent, well-documented pleas for help.
But over 12 years, even as reported sexual victimization in prisons remained high, the urgency behind that consensus dissipated. It took almost a decade for the Justice Department to issue the final standards on how to prevent, detect and respond to sexual abuse in custody. And it took a couple of years more before governors were required to report to Washington, which revealed that only New Jersey and New Hampshire were ready to certify full compliance.
With May 15 marking the second annual reporting deadline, advocates for inmates and half of the members of the National Prison Rape Elimination Commission, a bipartisan group charged with drafting the standards, say the plodding pace of change has disheartened them despite pockets of progress.
“I am encouraged by what several states have done, discouraged by most and dismayed by states like Texas,” said Judge Reggie B. Walton of United States District Court in the District of Columbia, who was appointed chairman of the now-disbanded commission by Mr. Bush.
Some commissioners fault the Justice Department for failing to promote the standards vigorously. Others blame the correctional industry and unions for resisting practices long known to curb “state-sanctioned abuse,” as one put it. All lament that Congress has sought to weaken the modest penalties for noncompliance, and that five governors joined Mr. Perry last year in snubbing the standards.