Højesteret considers case of transgender woman seeking transfer to women’s prison in Denmark

The Copenhagen City Court and the Østre Landsret have both denied requests, leading the Højesteret to consider a notable case involving a 63-year-old transgender woman, convicted of rape and robbery, who seeks transfer to a women’s prison. The woman, who identifies as female, claims she faces isolation and bullying while incarcerated among men.

In 2022, she filed a lawsuit against Herstedvester Prison and the Danish Prison and Probation Service, asserting that her rights are being violated, particularly during body searches conducted by male staff. On one side of the argument is the consideration for her as a transgender individual, who has undergone legal gender change since 2015; on the other is the safety of the female inmates if she were to be housed in a women’s facility.

The convicted transgender woman has a history of serious sexual offenses, including two rapes and an attempted rape in the 1980s, and a subsequent armed robbery while on probation in 2009, leading to her current sentence.

During the recent Højesteret proceedings, her lawyer, Tyge Trier, emphasized her difficult life in prison, claiming inadequate protections exist for her in a progressive country like Denmark. He noted that over 200 strip searches, which he views as humiliating, have further exacerbated her situation.

Conversely, representatives for the correctional services highlighted mental health evaluations describing her as impulsive and manipulative, arguing that the safety of other inmates must also be considered. The Højesteret’s decision is anticipated next week, weighing her rights against public safety concerns.