Case Update: Crisis Conditions in California Women’s Prisons
Male transfer REPORTEDLY rapes woman as
state seeks dismissal of the civil rights case
On May 31, 2022, the Women’s Liberation Front (WoLF) submitted a brief in opposition to the state’s Motion to Dismiss our civil rights case opposing SB 132, a California law that (among other things) allows male offenders to seek placement in women’s correctional facilities based purely on “gender identity” claims. The men are not required to take hormones or have surgery (most don’t), and over 300 men have already applied. One-third of these male applicants are sex offenders. The full background of the case and our constitutional claims are here.
While we were preparing our opposition to the state’s Motion to Dismiss, one of the male inmates reportedly raped a woman in the yard’s port-a-potty, while a male accomplice stood watch outside. Witness statements indicate that the woman may also have been drugged; she appeared to be intoxicated and was barely conscious just after the incident. A short time after the rape reportedly occurred, prison staff found the woman unresponsive in her cell. The reported rapist, Jonathan Robertson, was not immediately removed from the yard, despite a number of women pleading with housing and medical staff to do something to protect the victim and themselves. The next day, when confronted in the yard by several of these same women, Robertson threatened to rape them as well, saying there was “nothing you bitches can do about it.” More discussion of this incident is here.
WoLF obtained several witness statements about the aftermath of the reported rape and Robertson’s subsequent threats. There are three other women who say they directly witnessed the assault, but we were unable to obtain declarations for this brief because of time constraints and the women’s limited access to outside communications. Hours before submitting this brief, WoLF learned that Robertson was transferred to California Institute for Women (CIW) after the reported rape. CIW is a lower-security women’s prison. If CDCR thinks that transferring a reported male rapist to a lower-security women’s facility is the solution to sexual violence, then CDCR cannot be trusted to keep any woman safe.
It is obvious that these matters will need to be pursued by outside law enforcement since the prison, and CDCR generally, are apparently unwilling to take even performative steps to keep women safe from rape and threats of rape. We continue to believe that our lawsuit will result in justice and safety for California’s incarcerated women. If the state’s Motion to Dismiss succeeds, we will take whatever steps are necessary to appeal the decision or otherwise pursue justice.
WoLF wants to recognize the individuals who contributed declarations for this brief. Nobody who reads their words will ever be able to claim they did not know. In particular, we thank those who shared their personal experiences - especially the women still inside the prison walls - who risk their freedom and their safety by speaking up.
Personal Declarations
Plaintiff Declarants
Other Incarcerated Declarants
Formerly Incarcerated Declarants
Expert Declarants
All court documents can be found here.
Some people may have questions about what will happen next in this case. They may also have questions about WoLF’s role as counsel, our strategic decisions, and the legal context for laws like SB 132. In the coming weeks, we will be adding an FAQ to our website, and we will provide opportunities for people to learn more. If you have a question that you would like to see added to the FAQ, please submit it to legal@womensliberationfront.org.
We will continue to focus on the only thing that truly matters: Halting the damage being done to incarcerated women in California and providing legal support for a path to healing and justice for the damage already done.
How you can help
This case against the state of California is only one step of many to come. Protecting incarcerated women from these policies is a long-haul effort that requires dedication to a long-term strategy. Lawsuits often last for years, which means charitable support and other resources are needed to support WoLF’s work.
There is no shortage of work to be done, so here are a few things you can do to help WoLF’s efforts succeed:
Monitor your state’s legislative activity and alert WoLF if any bills are introduced to allow or expand men’s access to women’s prisons based on “gender identity.”
Grab some friends and attend legislative hearings to present testimony against mixed-sex prison policies. Check out all the resources on WoLF’s website for facts and data to support your testimony. You can also obtain facts and data from Keep Prisons Single Sex USA.
Become a WoLF volunteer and help us perform state and federal policy research and advocacy.
Research and document how many men have been housed in women’s prisons in your state, including the men’s specific criminal history. Share the information with journalists, your neighbors and friends, and anyone who claims this isn’t happening.
Sign our petition to get men out of California women’s prisons.
Support the Preventing Violence Against Female Inmates Act.
Urge your political leaders to endorse the Women’s Bill of Rights.
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