Alexandra Stewart, formerly known as Alan Baker, faces charges for allegedly sexually assaulting a fellow inmate at the mixed-sex HMP Greenock in Inverclyde. The incident has intensified debate surrounding the management of transgender prisoners within Scotland’s prison system.
Police Scotland Confirms Arrest and Charges
A spokesperson for Police Scotland confirmed the arrest of the 38-year-old prisoner in connection with the sexual assault at HMP Greenock. “A report will be submitted to the Procurator Fiscal,” the spokesperson stated, but the Crown Office and Procurator Fiscal Service (COPFS) has yet to receive the formal documentation.
The Scottish Prison Service (SPS) declined to comment further, citing the ongoing nature of legal proceedings.
Controversy Surrounds Transgender Prisoner Policies
This alleged assault occurs amid a heated legal challenge by For Women Scotland (FWS) against the Scottish Government’s policies on transgender prisoner placement. FWS demands that only individuals born biologically female be housed in the women’s estate, opposing current guidelines that admit transgender women based on risk assessments rather than birth sex.
Last year, FWS achieved a landmark victory at the UK Supreme Court, which ruled that the terms “woman” and “sex” in the Equality Act 2010 specifically refer to biological sex. Despite this, the SPS continues to follow guidance permitting transgender women’s admission to female prisons if they do not pose an “unacceptable risk of harm.”
Legal Arguments and the Judicial Review
During recent hearings at the Court of Session in Edinburgh, government lawyers defended a “case-by-case” approach to transgender prisoner placement. Gerry Moynihan KC referenced case law and Article 8 of the European Convention on Human Rights (ECHR), highlighting transgender individuals’ rights to live in their acquired gender.
Both parties now await the ruling from Lady Ross, which will shape the future of transgender prisoner management in Scotland.
