Why Court Ordered Sex-Changes for Prisoners are Bad for Women
September 6, 2012
David E. Megarry Jr. raped female children. He raped lots of them. He started in his teens. He liked to torture them. He was locked up as a teen for multiple violent torture rapes of female children. But he got out. When he was 21 he was apprehended for abducting a ten year old girl, forcing her into his car, abducting and driving her into the woods known as Lombardi’s Grove in Milford, Mass. where he tied her up, gagged her, raped her, and left her for dead. Behind bars for child rape he got 64 infractions on his disciplinary record. He was caught making obscene phone calls to children from prison. He was found hoarding pictures of female children in his cell. At this time he decided he was transgendered. He got extensive prison tats of naked women and began wearing smuggled “female” undergarments. He started calling himself Sandy Jo: Sandy Jo Battista. In 1995 he had his name legally changed to Sandy Jo Battista from his cell at the all male Massachusetts Treatment Center for Sexually Dangerous Persons facility where he lives under civil commitment without limit of sentence due to his legal status as a “Sexually Dangerous Person”.
In 2005 “Sandy Jo”, filed suit against the Massachusetts Department of Corrections asserting his “right” for cross-sex hormones that would allow him to grow breasts. Global business law firm McDermott Will and Emory, who represent 50% of global business interests worldwide, decided to devote their required pro-bono hours to him. They brought all their power and interests to bear and devoted years and thousands of hours to representing his interest in medically acquiring superficial female sex characteristics. Last year he won his case which created precedence for the rights of male predators to access feminizing medical treatments funded by taxpayers while serving time.
Strangulation murderer and fellow Massachusetts inmate Robert Kosilek, serving life sentence without possibility of parole, paid close attention to this ruling. Kosilek had been filing multiple cases against the Department of Corrections for over a decade. Since he first murdered his wife. He did not enjoy the prison experience, and with no possibility of parole, filing lawsuits was his passion.
On May 20, 1990 Mansfield Massachucetts resident Robert Kosilek decided to kill someone. His wife. He went and got a length of wire. Then he surprised her! He took the wire and with all his might pulled it against her neck. To kill her. And he did kill her! With the wire he cut off her breathing and circulation until she was dead. Then he dragged her body outside to her car and threw her corpse into the back seat. He drove to the Emerald Square Mall at North Attleborough and abandoned the vehicle in the parking lot and took a taxi home. He waited a few hours and then, for cover, her called the police and reported her missing. Concerned husband and all. He suggested she might have been in a car accident. Police found her car and body and swung by Kosilek’s home and brought him in for questioning. “Kosilek said his wife was at work all day and had intended to stop by the mall afterwards and that he was busy at the couple’s home all day.”
But Cheryl’s son’s statement contradicted him: “Timothy McCaul, Cheryl’s 15-year-old son who lived with the couple, said that he called home for a ride around 5 p.m. and no one answered the phone.
Kosilek fled to New York State. And was there apprehended.
Robert had met Cheryl while he was in Drug Rehab. Cheryl was working as a volunteer counselor.
Kosilek was charged with first degree murder. He was sentenced to life in prison without possibility of parole in January 1993. Once he received sentence Robert decided he wanted to “become” a woman, adopting the name Michelle and began a twelve year campaign of lawsuits against the prison in several cases that went on for years and provided him with constant trips to the courthouse and media attention and press interviews where he portrayed himself as a victim.
Kosilek in various cases over the last twelve years of his incarceration won access to cross-sex cosmetic medical hormone treatment, the right to wear clothing now legally regarded and classified by federal court as appropriately sex-role stereotypical for females, make-up/face paint now regarded and classified by federal court as female appropriate, electrolysis hair removal, and annual mammograms for the breasts created by his feminizing hormone regime. He has not yet filed cases for breast implants or facial feminization surgery. In 2005 he filed a case claiming that withholding taxpayer funded feminizing cosmetic surgery violated his Eighth Amendment right of protection from cruel and unusual punishment.
Yesterday a federal judge, U.S. District Court Chief Judge Mark Wolf agreed with this premise. And he issued a precedent setting ruling for men like Kosilek and “Sandy Jo” Battista. He issued the first court-ordered tax-payer funded surgical “sex change” for a prisoner in the United States. This precedent setting ruling, while lauded by transgender activists, represents a very unfair discriminatory outcome for females. Especially female prisoners.
This ruling is extremely discriminatory against females and a source of concern for all who are concerned with equality and fairness for women. Why?
First of all, the federal court system should not be enshrining sexist stereotypes of female appearance or behavior into law. This is sexism. This is discriminatory. This is illegal. It is illegal to proscribe behaviors and appearances according to sex. It goes against title VII prohibitions against sex-role stereotyping. It is OUTRAGEOUS!
Judge Wolf’s lax and casual citing of “female clothing and make-up” is OFFENSIVE to women. It is also ILLEGAL. And it’s illegal for a reason. The reason is that such stereotypes are concretely, demonstrably, damaging to females.
Second, this judgement rests on the authority of what Judge Wolf refers to as the “Harry Benjamin Standards of Care” among psychiatric providers. Judge Wolf refers here to a set of “guidelines” issued by an organization once called “The Harry Benjamin International Dysphoria Association” which was renamed six years ago as the WPATH Standards of Care. These guidelines were rejected this year by the American Psychiatric Association who noted a complete lack of citations in WPATH guidelines and a total lack of any basis in scientific research. The APA has RENOUNCED the WPATH (Formerly HBIDA) Standard of Care Guidelines. So the psychiatric “authority” Judge Wolf bases his decision upon has been rejected in toto by the very psychiatric authority that regulates psychiatric licensing and practice in the US.
Third, all the references to Kosilek “living as a woman” and “performing” a one year “Real Life Test” in the “female role” required by WPATH guidelines. Again, this is horribly offensive to women (see point one). The notion that females due to our reproduction should have a particular “role” assigned to us by the federal government is incredibly offensive. AND ILLEGAL. But it is also absurd.
Want to see a “Real Life Test” for a woman in men’s prison? Throw a female inmate in there. HORROR. That is what you will see. HORROR. Kosilek is not “living as a woman” in men’s prison. For a federal authority to claim that a female can live for a year in men’s prison without incident IS ABSURD. Not only is it absurd, it is actually terrifying that an agent of the federal government is suggesting such a thing. If one woman can live peaceably in men’s prison why not 50? Why not make prisons co-ed, since “women” do just fine in men’s prisons. ABSURD. Yet that is the legal precedent Judge Wolf is setting. This is bad for women. Women CAN NOT survive male prison. Violence against females is overwhelmingly inflicted by males. Male prisoners are overwhelmingly incarcerated for violent acts compared to female populations. The absurdity. The utter absurdity.
Which brings me to point number four. Kosilek- the man who chokes women to death with wire as they fight for their life- is incarcerated with no hope for parole. A canny con, he wants to be transferred to women’s prison. We’ve seen this before. In the UK, rapist John Pilley was the first man to gain a legal sex change via tax-payer funding. The rapist was transferred to women’s prison as Kosilek plans. After a few years he demanded tax-payer funded reverse sex-change and transfer back to men’s. He got bored. These guys have a lifetime to play with the system. Kosilek outlines his goals in court documents: “Kosilek would much prefer to be incarcerated in the women’s prison, MCI Framingham.”
It is an infringement on female prisoner’s eighth amendment right prohibiting cruel and unusual punishment to be housed with males who target, torture, murder, rape and assault females. We witnessed the incredible trauma inflicted on women forced to live in the same unit as Richard Masbruch, the torture-rapist electrocutioner. It is cruel and unusual punishment to force women in confinement to be subjected to male predators. Judge Wolf thinks females have a “role” to play. He thinks females have certain appropriate clothing and face-paint and that females should “live as” that sexist oppressive role and he thinks male rapists and murderers who want to inflict themselves on females should have that government enforced right. That is what his ruling states! Read it!
Women DON’T agree with his premise. In fact, we decry it as ILLEGAL and DISCRIMINATORY. We protest the federal government codifying what is female behavior, dress, and what it means to “live as” us. BEING female is “living as” female. We are not stereotypes. Males cannot “live as” us.
Even if they suffer from major mental illness as Judge Wolf states.
Another thought. ALL the articles I read on this ruling brought up tax-payer cost for superficial male cosmetic genital surgery – the cost of making a fistula between the male prostate and anus that appears like a labia/vagina externally. $20,000. Or $25,000! What has NEVER been mentioned is the cost of female to male transgender prisoners cosmetic sex surgery. That cost is approximately $100,000. And the result is similar (although since the surgery is external it can be viewed more easily). Why is this? The reason is THERE HAS NEVER BEEN A FEMALE PRISONER IN THE ENTIRE HISTORY OF THE WORLD that wants to be housed with MALE PRISONERS. EVER. EVER. EVER. There has never been a single case worldwide of a female fighting to have a “sex-change” for the “right” to be housed with men. Judge Wolf’s ruling represents a discriminatory male version of medical “rights”. NO female will EVER benefit from this ruling. Not even transgender females. Because of the profound inequity between individuals based on reproductive status- a FEDERALLY STATE-SANCTIONED INEQUITY- with males dominating and females oppressed: Judge Wolf’s ruling is as discriminatory, sexist, offensive and illegal as they come.
This ruling is a victory for those who support and celebrate sexism. For women? Not so much.