The Vanishing Data: How Political Interference is Obscuring the Crisis of Prison Sexual Violence
Nearly 40% of transgender incarcerated people report experiencing sexual victimization while in custody. Yet, as the Department of Justice releases long-awaited data on prison rape, a critical demographic is being systematically erased from the picture. This isn’t an oversight; it’s a deliberate act with profound implications for the safety and rights of one of the most vulnerable populations within the criminal justice system – and a chilling indicator of a broader trend toward data suppression driven by political agendas.
The Omission and Its Roots
Recent reports from the Bureau of Justice Statistics (BJS) on sexual victimization in prisons and jails conspicuously lack data pertaining to transgender and intersex individuals. This omission is particularly alarming given that the surveys themselves did ask incarcerated people about their gender identity, suggesting the information was collected but deliberately excluded from the published findings. Experts like Wanda Bertram, communications strategist at the Prison Policy Initiative, point to a clear pattern: a shift under the Trump administration to avoid collecting data on demographics deemed politically inconvenient.
“It’s basically the government choosing to stick its head in the sand about a pretty key aspect of sexual assault in prisons,” Bertram stated. This isn’t simply about statistics; it’s about rendering an already marginalized group invisible, effectively silencing their experiences and hindering efforts to address the systemic violence they face.
The PREA Rollback and Increased Vulnerability
The timing of this data suppression coincides with a concerning move to dismantle protections for transgender and intersex prisoners under the Prison Rape Elimination Act (PREA). A recent memo revealed plans to instruct prison auditors to disregard provisions ensuring risk screening, appropriate housing, privacy, and respectful treatment for LGBTQIA+ individuals. These rollbacks, if implemented, will almost certainly exacerbate the already disproportionately high rates of sexual assault experienced by this population.
Cynthia Totten, deputy executive director at Just Detention International, emphasizes the critical role of data in driving meaningful change. “When you give an incomplete picture, it just makes it impossible to do the work of ensuring that correctional practices are as they should be and advance the safety of incarcerated folks.” Without accurate data, advocates are left fighting in the dark, unable to effectively challenge harmful policies or advocate for targeted interventions.
The Wider Trend: Eroding Data Collection on LGBTQIA+ Individuals
The BJS’s decision isn’t isolated. Earlier this year, the DOJ removed questions about gender identity from several key surveys, including the National Crime Victimization Survey and the Survey of Inmates in Local Jails. This broader trend signals a disturbing disregard for the need to understand the experiences of LGBTQIA+ individuals within the criminal justice system – and beyond. This data erasure has real-world consequences, hindering efforts to address systemic inequalities and protect vulnerable communities.
Why This Matters: Beyond the Numbers
The lack of data isn’t just an academic concern. It actively undermines efforts to counter false narratives about transgender people being a threat to others in prison. Without evidence demonstrating their vulnerability to abuse, it becomes easier to justify discriminatory policies and perpetuate harmful stereotypes. Furthermore, the absence of data makes it harder to hold correctional facilities accountable for protecting the safety of transgender inmates.
The Vera Institute of Justice and Black and Pink National’s February 2024 report Violence Against Transgender People in Prison further underscores the severity of the situation, revealing that nearly one-third of surveyed trans prisoners cited violence from fellow inmates as a primary safety concern, and over half reported experiencing sexual assault during their incarceration. This data, however, is increasingly difficult to gather and disseminate in the face of deliberate obstruction.
Looking Ahead: The Fight for Visibility and Accountability
The deliberate suppression of data on transgender incarcerated people is a dangerous tactic that threatens to further marginalize an already vulnerable population. It’s a stark reminder that data isn’t neutral; it’s a powerful tool that can be used to advance or obstruct justice. As we move forward, it’s crucial to demand transparency and accountability from the DOJ and BJS, and to support organizations working to collect and disseminate accurate data on the experiences of LGBTQIA+ individuals within the criminal justice system. The fight for visibility is inextricably linked to the fight for safety and dignity.
What steps can be taken to ensure that the voices of transgender incarcerated individuals are heard and their safety is prioritized? Share your thoughts in the comments below!
