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A transgender inmate currently serving a life sentence for murder has been formally charged with sexually assaulting another prisoner at a women’s correctional facility. Alexandra Stewart, who was previously known as Alan Baker, is accused of committing the assault while incarcerated at HMP Greenock.
Stewart, a transgender woman assigned male at birth, has been housed in the women’s unit of the prison since 2016. She was convicted in 2013 for the murder of John Weir, whom she fatally stabbed 16 times at his residence in Bonhill, West Dunbartonshire. Police Scotland confirmed that they will submit a report on the incident to the procurator fiscal for further consideration. Stewart is believed to be one of only two transgender women currently held within Scotland’s female prison system.
In addition to this recent charge, Stewart was involved in a legal case last year where she alleged transphobia from another inmate. That case, however, was dismissed by the court. The situation has brought renewed attention to the policies that govern the placement of transgender prisoners within the Scottish Prison Service.
The current approach relies on thorough individual risk assessments to determine whether transgender women can be accommodated safely within the female prison estate. These assessments aim to ensure that anyone posing a risk to female inmates is not placed in those units. Nonetheless, this policy is under legal challenge by the campaign group For Women Scotland, with the matter now being reviewed by judges at the Court of Session. This legal dispute follows a significant Supreme Court ruling from April last year clarifying that, under the Equality Act, the term “woman” refers to biological females, and “sex” refers to biological sex. The Scottish government has stated that while it respects this interpretation, it remains committed to upholding protections outlined in the European Convention on Human Rights
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