Prison advocacy: Sexual assault and retaliation, guards “protecting our own”

TPI is posting advocacy letters we have written to provide examples of violence against persons in prison, primarily against trans and queer persons in Texas prisons. Personal identifying information has been removed for all incarcerated persons, and named staff or other persons causing harm is removed on a case by case basis.

Content warning: Some of these letters describe threats and incidents of violence that may be disturbing. We will note whether each letter is considered a low, moderate, or high risk for being disturbing. We consider this letter to be high risk.

The person in this letter has identified to TPI as a transgender woman. She has reported sexual assault by a guard, who then proceeded to harass her and threaten her if she reported the incident, and then to retaliate against her when she did report it. Other staff participated in what can only be described as an attempt to cover up the abuses by the guard. The issue is discussed in two complaints to the TDCJ PREA Ombudsman, submitted in January and February 2022. The first complaint was filed with information we had initially, and the second provided some additional information and subsequent violence against the trans woman survivor.

In response to the actions by the incarcerated trans woman and our complaints, eventually the guard who sexually assaulted her was terminated. However, the trans woman was told that she was lying and her story was unsubstantiated, which means they are claiming there is less than a 50% chance it happened. TDCJ claims about 97% of all allegations to be either unsubstantiated or unfounded (claiming they did not happen), and this is often accomplished by refusing to investigate appropriately, manipulating the narrative of the survivor, claiming sexual assault is “consensual,” or simply claiming the person is lying.


Prison advocacy: General population allowed to mix with and harm safekeeping

TPI is posting advocacy letters we have written to provide examples of violence against persons in prison, primarily against trans and queer persons in Texas prisons. Personal identifying information has been removed for all incarcerated persons, and named staff or other persons causing harm is removed on a case by case basis.

Content warning: Some of these letters describe threats and incidents of violence that may be disturbing. We will note whether each letter is considered a low, moderate, or high risk for being disturbing. We consider this letter to be low risk.

The person in this letter has identified to TPI as a transgender person and may be a non-binary or queer gender. They were primarily reporting a consistent issue of endangerment to TPI where persons in safekeeping designation were being threatened or harmed by persons in general population due to staff failure to secure the doors leading into the safekeeping housing sections. Sometimes this is done deliberately as a means of mistreating or harassing persons in safekeeping because many people in safekeeping are trans or queer, or have other characteristics that mean they are vulnerable to violence in in general population.

Crossroads

The sixteenth year is a turning point in every young person’s life; high school, drivers license, transcending from youth to adulthood.  For me it was the year I was arrested, indicted and convicted of capital murder.  I never got to hold my driver’s license.  After passing my driver’s test I was arrested before my actual license came in the mail.  My mother brought it to the county jail and showed it to me.

Being raised in a single parent home along with my little brother by our mother was a great challenge for me and one of the many factors that contributed to me getting into trouble.  My memories of my mother are of her working a lot and doing all she could to provide for my brother and me.  I inherited her work ethic and stubbornness.  That same stubbornness got me into a lot of trouble and was my saving grace once I was incarcerated.  I had heard all the horror stories of prison life, rape, beatings, abandonment, loneliness and despair.  Nothing really prepares someone for the harsh reality of prison life.  Because of my charge and sentence I was sent to one of the worse prison units in the state at the time.

At 17 years old I was sent to the George Beto Unit in Tennessee Colony.  I spent 7 months in the county jail awaiting trial and mentally preparing myself for the inevitable.  I will never forget the moment I walked up to the I-wing door, mattress over one shoulder, bag of meager possessions in the other hand.  I stood there feeling like I could very well be dead in the next few minutes.  The guard walked up, put the key in the door and looked at me and said, “Boy, go put your things in the house, go to the back of the dayroom and wait, whatever you do, do not sit down on any of those benches.”

Even though prison was integrated in 1991 it was still segregated.  Every race had their own benches that they sat on and you had to earn the right to sit on your races bench by fighting.  It was considered disrespectful to sit on another races bench regardless of your status in the hierarchy of the prison.  So, I found myself standing at the back of the dayroom, all 5’5” 155 lbs of me looking at these guys what were twice my age and 3 times my size knowing there was no way I could win a fight against any of them, but determined to fight nonetheless.

In those days, a new person to prison or “new boot” was given three choices once they entered the prison environment.  You could fight, you could go to commissary and pay protection or you could have sex in exchange for staying safe.

As I stated before, I was stubborn.  I chose to fight, and fight I did, a lot, everywhere at anytime.  It might be one guy, or it might be 3 or 4.  As the days passed and people started to realize I wasn’t going for either of the other two choices they started to gain respect for me and eventually I earned my right to sit on the bench with the other white inmates who had been through the same things.

For the most part, guys entering the system are no longer required to subject themselves to such treatment.  I say for the most part because every prison unit has its own personality and even though prison as a whole is safer, it is still rough in some places.  The state locks up these kids with huge sentences and no reprieve from the heat and despair and it takes a person who might have been savable and turns them into an animal.

The reason prison for the most part is safer now is because of the creation of PREA.  The Prison Rape Elimination Act changed so many things about prison life.  More than anything, it made the administration start doing their job and being responsible for our safety.  Being mistreated by the guards and other inmates was never part of our punishment when we were sentenced.  In the early days of my sentence there were no repercussions for hurting someone, two weeks in solitary confinement at the worst.  You really had to hurt someone to get that.  Hitting someone with a weapon or stabbing someone, and then only if a guard actually saw you do it.  Snitching was not as bad as it is now.  Now people tell on everybody for everything.  No repercussions.  So, prison is safer in the aspect of getting beat up for nothing, but worse because there is no respect.

The idea of respect in prison is lost on a lot of people in this place.  Their idea of respect is really fear.  I believe this is strongly because PREA has made the penalties for fighting pretty harsh.  The use of a weapon is even worse.  Because of that knowledge, inmates say and do whatever they want because people don’t want to face the penalty of caving their heads in.  So the disrespect is rampant among this younger generation and it has made doing time difficult in that regard.

For people like myself, a safer prison has allowed me to express myself in ways I wouldn’t have dared 25 years ago.  Not only can I live out loud so to speak, but I can also actually talk to people and share my journey.  A confluence of things in this place has led me to where I am in my journey today; trial and error, soul searching, being honest with myself, my journey through college and now the toastmasters program.

Some people tell me I am crazy for doing what I am doing, exposing myself to judgment and ridicule from those around me.  I look at my life as an opportunity to change people’s minds about people of the LBGTQ+ community in prison.  So much is misunderstood about people in our community.  In order to be a light and help people to better understand people like me I had to come to a true understanding of myself and admit some things that I was afraid to admit and explore.

I was raised in a very Christian home and the idea of talking to anyone about my desires to wear make-up and women’s clothes was not fathomable.  In prison, I was never around good examples of the person I wanted to be.  It came to a point in the summer of 2020 that I had to make a decision.  I was so miserable that I was suicidal.

So, my decision was to finally admit the truth to myself and live my life accordingly or die.  The truth is that I have always known I was transgender, but was afraid to take that step and face whatever consequences came with it.  Now that I have, I feel so much better about myself and my outlook on life.  I try to balance my need to express myself in a feminine way with the rules of this institution and not jeopardize what I have going for myself.

The mindset of this place seems to be changing.  We shall see.  At the end of the day, we are all attempting to master this thing called life.

United Nations Petitions for Humane Treatment in Texas Prisons, Staff Shortages

By the first National Lawyers Guild – Prison Chapter

Members of the first Prison Chapter of the National Lawyers Guild (NLG) have created a series of four petitions that they have called Project Blitz. The Prison Chapter is submitting the petitions to the United Nations Human Rights Council concerning inhumane treatment in Texas Department of Criminal Justice prisons. The NLG – Prison Chapter, as per NLG communications, is

a collective of jailhouse lawyers, writ writers, and incarcerated paralegals with the common goal of challenging the systemic abuses and inhumane conditions of the Texas prison industrial complex. We endeavor to raise awareness of the injustices forced upon incarcerated people and advocate the cost-saving and social benefits of alternatives to incarceration. We believe that mass litigation coupled with solidarity action is the most effective and efficient way to challenge mass incarceration from within. We are dedicated to meaningful litigation that demands accountability and active resolution to the on-going inhumane and unconstitutional conditions within Texas prisons.

Below is a scan of the petition concerning staff shortages that are extremely severe at some Texas prisons, with security staff in some as low as 35% of staff needs. Already severe prior to the pandemic, Covid-19 conditions exacerbated staff shortages, and the problem continues. Staff shortages mean far more dangerous conditions at the units as sometimes only two or three people will be covering buildings with hundreds of persons. Staff shortages also mean people are not let out for medical appointments, recreation, legal visits and work, education and trade programs, and other necessary tasks.

United Nations Petitions for Humane Treatment in Texas Prisons, Inhumane Feeding Practices

By the first National Lawyers Guild – Prison Chapter

Members of the first Prison Chapter of the National Lawyers Guild (NLG) have created a series of four petitions that they have called Project Blitz. The Prison Chapter is submitting the petitions to the United Nations Human Rights Council concerning inhumane treatment in Texas Department of Criminal Justice prisons. The NLG – Prison Chapter, as per NLG communications, is

a collective of jailhouse lawyers, writ writers, and incarcerated paralegals with the common goal of challenging the systemic abuses and inhumane conditions of the Texas prison industrial complex. We endeavor to raise awareness of the injustices forced upon incarcerated people and advocate the cost-saving and social benefits of alternatives to incarceration. We believe that mass litigation coupled with solidarity action is the most effective and efficient way to challenge mass incarceration from within. We are dedicated to meaningful litigation that demands accountability and active resolution to the on-going inhumane and unconstitutional conditions within Texas prisons.

Below is a scan of the petition concerning problems with the amount and types of food provided for incarcerated persons in Texas prisons. The meals are often nutritionally insufficient, lack variety, and may include rotten or spoiled food. The petition mentions manipulation of documentation by kitchen staff to cover up the issues. TPI’s complaints have also shown that TDCJ often only addresses complaints about food quality and quantity by quoting policy instead of investigating practices, and by claiming that because food equating a certain amount of calories is sent to each unit, that proves sufficient calories are provided to the incarcerated persons. That is quite a stretch.

United Nations Petitions for Humane Treatment in Texas Prisons, Excessive Heat

By the first National Lawyers Guild – Prison Chapter

Members of the first Prison Chapter of the National Lawyers Guild (NLG) have created a series of four petitions that they have called Project Blitz. The Prison Chapter is submitting the petitions to the United Nations Human Rights Council concerning inhumane treatment in Texas Department of Criminal Justice prisons. The NLG – Prison Chapter, as per NLG communications, is

a collective of jailhouse lawyers, writ writers, and incarcerated paralegals with the common goal of challenging the systemic abuses and inhumane conditions of the Texas prison industrial complex. We endeavor to raise awareness of the injustices forced upon incarcerated people and advocate the cost-saving and social benefits of alternatives to incarceration. We believe that mass litigation coupled with solidarity action is the most effective and efficient way to challenge mass incarceration from within. We are dedicated to meaningful litigation that demands accountability and active resolution to the on-going inhumane and unconstitutional conditions within Texas prisons.

Below is a scan of the petition concerning deadly heat at Texas prisons. This issue has been an ongoing problem for many years, and Texas has spent enough money fighting legal challenges that they could have paid for air conditioning many of the units, but instead wasted those funds on court battles. Currently, Texas law states that prisons must keep their hogs in air conditioning, but not the people in their custody.

United Nations Petitions for Humane Treatment in Texas Prisons, Habeas Corpus Injustices

By the first National Lawyers Guild – Prison Chapter

Members of the first Prison Chapter of the National Lawyers Guild (NLG) have created a series of four petitions that they have called Project Blitz. The Prison Chapter is submitting the petitions to the United Nations Human Rights Council concerning inhumane treatment in Texas Department of Criminal Justice prisons. The NLG – Prison Chapter, as per NLG communications, is

a collective of jailhouse lawyers, writ writers, and incarcerated paralegals with the common goal of challenging the systemic abuses and inhumane conditions of the Texas prison industrial complex. We endeavor to raise awareness of the injustices forced upon incarcerated people and advocate the cost-saving and social benefits of alternatives to incarceration. We believe that mass litigation coupled with solidarity action is the most effective and efficient way to challenge mass incarceration from within. We are dedicated to meaningful litigation that demands accountability and active resolution to the on-going inhumane and unconstitutional conditions within Texas prisons.

Below is a scan of the “Texas Triad of Injustice” petition, which covers the denial of counsel representation during habeas corpus proceedings, unfair barriers inhibiting efforts to obtain evidence supporting habeas corpus filings, and unconstitutional review of habeas corpus applications by a single judge instead of requiring a quorum of the Texas Court of Criminal Appeals.

Prison Economies

At TPI, some of the people we work with in the prisons are advocates in a variety of ways. Our correspondent Courtney Sargent participated in research by The Marshall Project related to prison economies. In Texas and five other states (Alabama, Arkansas, Georgia, Mississippi, and South Carolina), incarcerated persons like Courtney earn $0 for performing work in prison. That means folks who don’t have financial support networks on the outside have to hustle to get food and clothing and other necessities like hygiene beyond the minimal necessities provided by the state.

My family and friends send me money and food packages. If not for that, I’d starve. They don’t feed us very well. For example, today’s breakfast was a boiled egg and a peanut butter sandwich. Lunch was one small bean burrito, beans and corn. Dinner was a baloney sandwich, applesauce, overcooked vegetables. For a grown working man, this is not enough. On weekends, there are only two meals a day: breakfast and dinner. For people who have no family or friends, it is heartbreaking.

— Courtney Sargeant

You can read the full article, or jump to the segment based on Courtney’s experience here.


This is part of our blog series about the justice system, how it impacts trans and queer persons, and a framework for transformative justice. This post discusses an aspect of the for-profit justice system. For an overview, see our intro article.

Is Prison Rape Not Rape?

This is part of our blog series about the justice system, how it impacts trans and queer persons, and a framework for transformative justice. This post discusses an aspect of the for-profit justice system. For an overview, see our intro article.

It is curious that rape in prison is not generally considered rape in our supposed “justice” system, at least in terms of how it is documented in data.

TPI has contributed to a national program that documents sexual violence against LGBTQ and HIV-affected persons, but one issue we have brought up is that they never include any data on sexual violence in prisons. They have said they would consider it, but so far the issue has not been addressed in any substantive way.

TPI is not the only organization that objects to the intentional obscuring or covering up of prison rape. Paul Wright notes in his “From the Editor” discussion of the October 2021 issue of Prison Legal News:

For decades the Human Rights Defense Center and other activists have urged the FBI to include prison-based rapes in their crime statistics. They have declined to do so. Including prison rapes in official statistics would likely mean that more men than women are officially raped in the U.S. each year. Based on the FBI’s Uniform Crime Report that estimated 139,380 rapes were reported to law enforcement in 2018. As this month’s cover story points out, the Bureau of Justice Statistics (BJS) indicates each year roughly 200,000 prisoners are victims of sexual assault.

Here, Prison Legal News is only referring to persons according to how they fit into the coercive gender binary of the prison system, which means that almost all trans women in the prison system are counted as “men” in the data. We know that trans women are imprisoned disproportionally, so this also means that accurate data here would also likely show extremely high proportions of trans persons, particularly trans women, in national sexual violence data.

Justice system biases and general cultural stigma determine what and how we document, and those biases certainly result in misrepresentation of the actual rate of violence against trans persons.

The Power of Transformation

In 2015 I was transferred from Tomoka Correctional in Daytona Beach, Florida, to Zephyrhills Correctional in Zepherhills. I had been at Tomoka for three years and met and befriended a lot of other trans girls over that time. I’ve been in prison the majority of my life [see note at bottom], and out of all the institutions I’ve been, Tomoka had the biggest trans population I’d ever seen on a compound. The joke at the time was that Tomoka’s new name was “Tamika.” Even though we still have the daily struggles and dangers that t-girls naturally face in male facilities, there was something empowering and comforting in the numbers we had in our circle there.

As you can imagine I was sad and upset about my seemingly random transfer to this new prison. There’s really no way to explain the anxiety and intensity a trans woman feels stepping off of a bus or van at a new facility. You can feel and sense and a lot of times see the hatred and tension aimed in your direction. It comes from both fellow convicts and police all the same. Then to make an uncomfortable situation even worse, the very first thing they do is a strip search as a group!

The compound at Zephyrhills was super small. For the first few days, I was just doing my best to fly under the radar. My first night in my cell, my celly had informed me that there was no other trans women on the compound. That was hard for me to believe since that was a first for me. I mean, I’d been to county jails with no other girls, but never a state prison. Guess there’s a first time for everything.

I end up with a work detail cleaning up the yard with a group of 10 or 15 other inmates. But the boss man wasn’t happy that I was on his crew, so he called me over to him and said that he didn’t want “something” like me messing up his crew and distracting his guys. He told me my new job was to clearn up in front of F Block where I’d be by myself and “not a problem.”

Long story short, F Block was the discipline block. All the violent and higher security people were housed there. The yard was full of plastic baggies, cigarette butts, batteries . . . I saw a skeleton of what had once been a “garden” maybe? AKA, my new refuge. . . .

Every day I’d show up, makeup on, pink shorts and white T. And I ignored all the comments and sneers and whistles. I just worked and cleaned and fixed up the whole area. I got the garden all the way together. I had sea shells from the yard, a little pond. The cops began to comment. The inmates began to say hello and smile. Then a month after it all began, the same C.O. [corrections officer or guard] that vanquished me to F Block called me over and told me how sorry he was for judging me. And how much I had changed the energy of F Block. Then he offered to take me around the library and admin building and let me dig up the exclusive plants and shrubbery and transplant them in my area. Within a month, F Block still had a lot going on, but it wasn’t such a dark and lonely place. . . . The power and beauty in a woman’s femininity, even in the hardest of blocks, is an undeniable aspect of living as a trans woman in a man’s prison.


Additional info

About Victoria Drain

If you would like to know more about Victoria’s life, she has let us know that the most complete and accurate narrative about her life can be found in the merit brief for her case that is currently under consideration at the Ohio Supreme Court. Scroll through the front material to the “Statement of Facts.”

If Drain is the fire, the system is the gasoline.

—Victoria’s legal team in their “Statement of Facts”