How This Australian Woman Ended Up In A Man’s Prison

In 2018, Mara Ellis spent almost five months in Hakea Prison, south of Perth.

When she first arrived in prison she was strip searched, just like any other prisoner. Only she wasn’t treated like any other prisoner — two male officers inspected her bottom half, while two female officers inspected her top half.

Mara is a young transgender woman, but that didn’t stop her from being placed in one of the largest male prisons in Western Australia.

Mara spoke to ABC reporter Meghna Bali as part of an investigation into the treatment of trans and gender-diverse prisoners across the country, which they have generously shared with Junkee.

The result is a deep-dive into the how WA Corrective Services tried, but ultimately failed, to accommodate the needs of a trans prisoner who went on to face physical and psychological trauma as a result.

“Them conceding that they need female officers to inspect my top half, that at least gave me something to be like, ‘Yeah, I am a woman. Why am I here?'” Mara said.

In many states and territories, if someone hasn’t had expensive gender confirmation surgery they will be placed in prison based on the gender on their birth certificate.

Researchers conservatively estimate there could anywhere from 250 to 400 trans and gender diverse prisoners across Australia.

As part of her research Meghna heard stories of trans prisoners having hormone therapy denied and being mocked by prison guards.

She also found they’re routinely being housed in isolation — something usually reserved as a punishment — for their own “protection”.

One of those prisoners was Mara.

Mara’s prison records — which refer to Mara by her dead name — state that she was housed in solitary because she was transgender, and notes that she should not share a cell.

But that didn’t stop her from eventually being put into mainstream anyway, where she was harassed and assaulted.

Today the ABC released the investigation as a podcast, and as an interactive graphic novel illustrated by trans artist Samuel Luke.

Overcrowding Issues

When Mara first went to jail she ended up segregated in solitary confinement, sometimes spending up to 23 and a half hours a day alone in her cell.

Her prison records note that she was placed in a Unit One, where prisoners are usually sent as punishment, for her own protection because she is trans.

While in theory separating trans prisoners from the general population sounds like a reasonable way to keep them safe, the reality sees them stuck in isolation, in tiny cells.

All up, Mara spent around three months like that.

Hakea — like lots of other prisons — is severely overcrowded.

Last year a report from the Inspector of Custodial Services found that due to overcrowding, prisoners who need protecting were often managed in high supervision units — instead of protection units, where they would get six or seven hours out of their cells.

The psychological impacts of solitary confinement are known to be so extreme that the UN regards any stint longer than 15 days as torture.

“I didn’t feel like I was being segregated. I felt like I was being punished. Like the prison couldn’t come up with a good, safe way to deal with me. And I was being punished for it,” Mara said.

For more on this, Meghna spoke with Tony Hassall, WA’s Corrective Services Commissioner. He acknowledged that their current segregation polices are “not ideal”.

“We have to acknowledge that our existing policies fell short in a number of areas, but what we try to do is maintain the security and safety of any individual in the prison system.”

However, he said they’re limited by what’s available in overcrowded prisons.

“Sometimes being in prison for people that are transitioning can be incredibly difficult,” he conceded.

Mara’s Story

Mara came out to her family when she was a teenager, but was pressured to keep it a secret. She also experienced a lot of violence at home, and after leaving she eventually ended up homeless.

She was also transitioning at the time, and was later diagnosed with borderline personality disorder.

She was suicidal, started using meth and heroin, and became physically abusive to her partner. That’s when she was arrested and sent to prison.

Kaz Zinetti is the Chairperson of the NSW Trans and Gender Diverse Criminal Justice System Advisory Council (TGDAC), and The Women’s Justice Network.

She says most trans prisoners go to jail for non-violent crimes. Sometimes employment discrimination leads them to things like sex work or selling drugs, other times they’re locked up for things like unpaid parking fines they can’t afford.

“It starts with being pushed to those fringes of society and then having to participate in survival crimes to support themselves,” Kaz said.

“And for trans individuals, they have disadvantage after disadvantage after disadvantage that eventually, for lack of a better word, they snap.”

Trans Prisoners At A Massive Risk In Mainstream Jail

Mara said her experience in isolation made her feel like her mind was breaking. A glimmer of light was the opportunity to plead her case at her first court appearance via video link.

But towards the end of her hearing she realised it was only to set another court date. She snapped, started yelling, and a guard grabbed her. Thinking she was being attacked, she lunged at him.

That got her sent back to solitary — but two weeks later, they told her as a result of that incident they’d put her in the mainstream section.

That meant she’d be sharing a cell with a man, and housed with dozens of others. It was terrifying for her.

She says she was constantly harassed, and on one occasion two prisoners came into her cell to pressure her into giving them oral sex. Afraid of being beaten up she eventually gave in, but they left her cell before making her do anything.

Mara said there was definitely a way she could have served her sentence without being put through such a traumatic experience.

“You know, completely ignoring the precautions that they had already set up for my safety. It’s stupid,” she said.

“I felt very angry that they would put me in that position. I still am very angry that they put me in that position.”

What Are The Laws Around Trans Prisoners?

In NSW, Victoria, the ACT and Tasmania there are self-identification policies which mean trans, gender diverse and intersex people should be placed in a prison that reflects how they identity.

That is, unless the prison says they must be housed in a prison of their birth sex  — typically based on security reasons, or whether they think that person’s trans status is “authentic”.

But in Queensland, the NT and South Australia it’s not so clear. People can indicate whether they want to go to a male or female prison, and they’re considered on a case-by-case basis.

Advocates say this usually comes down to whether the person has had gender-confirming surgery, an expensive surgery not everyone can afford.

That means even if you’re on hormones, have breasts and identify as female you can still end up in a men’s prison. That’s exactly what happened to Mara in Western Australia.

WA Corrections department is working on reforms which will include a policy for trans, gender diverse and intersex inmates. The details haven’t been released, but it will allow people to be considered for placement in a prison that matches their self-identification. It’s expected by November.

“It’s obviously a very broken system. It needs a radical change,” Mara said.

“Placing trans women in a male’s prison will always be a dehumanising, evil act.”

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You can check out the full ABC podcast here and the graphic novel here. Feature illustration by Samuel Luke. 

Thanks to the ABC Background Briefing for sharing resources for this story.

If you need to talk to someone, contact Lifeline on 13 11 14, 1800 RESPECT at 1800 737 732. For more resources check out The Gender Centre.