A California judge has ordered a court to respect the pronouns chosen by a rape-accused prisoner despite the DA’s concerns the inmate is exploiting legal protections meant for transgender convicts.
Madera County Judge Katherine Rigby ruled last week that prosecutors must refer to transgender prisoner Tremaine Carroll, 52, by female pronouns.
Carroll is accused of raping two women and impregnating a third while incarcerated at the Central California Women’s Facility in Chowchilla where she was serving 25 years for robbing a jewellery store.
Carroll was housed at the female-only jail after being transferred from a male prison despite previously admitting kidnapping charges and facing allegations of other sexual assaults.
California’s Transgender Respect, Agency and Dignity Act means that she was able to swap jails without any evaluation or evidence of a transition, according to Madera County District Attorney Sally Moreno.
‘This is a person who is not a woman in any sense of the word,’ Moreno told ABC7 as she railed against Rigby’s decision.
Moreno said the pronoun issue complicates her ability to prosecute Carroll for rape.
A California judge has ordered a court to respect the pronouns chosen by double rape-accused prisoner Tremaine Carroll, despite the DA’s concerns the inmate is exploiting legal protections meant for transgender convicts
Judge Katherine Rigby said that prosecutors must refer to transgender prisoner Carroll, 52, by female pronouns
‘This is a particular issue in this case because it’s confusing to the jury. In California, rape is a crime that has to be accomplished by a man,’ she said.
Supervising Deputy District Attorney Eric DuTemple said the decision was unfair to the alleged victims.
‘Its just absolutely insane that a victim would have to get on the stand and police their pronoun usage when trying to recite one of the scariest times of their lives,’ he said.
Carroll has been accused of raping two of his cellmates and impregnating another woman.
‘After his first cellmate became pregnant and was moved to Los Angeles, two other cellmates of his had complained that he had raped them, so we have filed rape charges against this inmate,’ said Moreno.
One of the women previously told DailyMail.com how she has been left with lasting trauma after she was allegedly attacked by Carroll in the showers.
The accused has since been transferred to Salinas Valley State Prison for men and is due back in court in January.
The decision has been blasted by District Attorney Sally Moreno who said the pronoun issue complicates her ability to prosecute Carroll for rape as California law states the is an offense that can only be carried out by a man
Carroll is accused of raping two women and impregnating a third while incarcerated at the Central California Women’s Facility in Chowchilla
California’s Transgender Respect, Agency and Dignity Act means that she was able to swap jails without any evaluation or evidence of a transition but Carroll has now been transferred back to Salinas Valley State prison for men (pictured) in light of the allegations
Women’s rights group Wolf argued that Rigby’s decision could have a chilling effect on prosecution.
‘For attorneys who wish to advocate for their clients zealously, rulings that compel pronoun use make their practice more difficult and perilous,’ the organization said.
‘CDCR is committed to providing a safe, humane, respectful and rehabilitative environment for all incarcerated people,’ the corrections department said in a statement.
‘Senate Bill 132, The Transgender Respect, Agency and Dignity Act, became effective on January 1, 2021.
‘It allows incarcerated transgender, non-binary and intersex people to request to be housed and searched in a manner consistent with their gender identity.
‘CDCR reviews every request to be transferred under Senate Bill 132 to determine whether that move, based on the individual’s case factors, would present a safety and management concern.
‘At all our institutions, CDCR thoroughly investigates all allegations of sexual abuse, sexual misconduct, and sexual harassment pursuant to our zero-tolerance policy and as mandated by the federal Prison Rape Elimination Act. CDCR does not comment on cases in litigation.’
