2024-11-11 19:42:00
A transgender woman identifies as Gabriella Fernandez allegedly facing serious charges Rape and impregnate prisoners Powell Women’s Prison III.
Fernandez, who was previously accused of abuse and gender-based violence in a previous role, has been moved to the women’s wing. After accepting a new gender identity in 2018.
despite this, last Julythe judicial department was notified of the sexual assault of an inmate by Fernandez, who was found Pregnant.
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Not only did Judge Cordoba confirm Fernandez’s preventive detention, but more recently, He also ordered that he be transferred to a special unittheir gender identity can be guaranteed without putting other prisoners at risk.
Ruling underlines Fernandez’s permanent place in women’s pavilion Endangering safety 481 The women who live there. “That doesn’t include the officials who are responsible for taking care of the guests, and also the women.”
judges Carlos Salazar, Patricia Farias and Maximiliano Davis They stressed that his actions were “exceptional circumstances” and The facility is not yet ready.
Special facilities for these situations
Criminal lawyer Daniela Morales Leanza referred to the case and stressed that similar situations have occurred in other parts of the world. “What happened here has a history and has happened in other places, e.g. Strategies to escape certain controls, gain certain privileges, and continue committing crimes“, he said in conversation with the show Mitte’s “Animal Nap”.
Furthermore, Morales Leanza noted that the prison system should have a dedicated department to deal with such situations: “The law of the prison system states this: “Adapting facilities to new needs and realities”. “It should provide a space for trans people.”
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Fernandez has accumulated several legal cases, including Unlawful deprivation of liberty, injury and qualified threats. Her history of violence dates back to 2016, when she was first jailed in a previous capacity. After multiple releases and new charges, she was arrested again in November 2023 for deprivation of liberty and breach of a restraining order.
this is how July 17 this yearthe Justice Department learned that Gabriela Fernandez allegedly sexually abused another prisoner who would have become pregnant. Both men were held in Room A of the No. 3 Prison Annex.
The ruling concluded by stating that Fernandez “Using one’s gender status as a threat”imposes itself on the “old prison code”, which will allow it to carry out actions that change order and discipline within the prison at the will of other prisoners.
coming and going
Last May, the city’s second shift of specialized prosecutors on gender and domestic violence requested a trial for a defendant in one of the cases. However, Crown defender objectedbelieved that due to her female identity, the aggravating circumstances of gender-based violence should not be applied, and questioned Research methods are discriminatory.
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The judge dismissed the claim and decided to continue the trial, which the defense appealed, claiming Investigation raises doubts about Fernandez’s gender identity and showed prejudice against him.
However, the charging court rejected this argument and gave the green light to the judicial process.
Latest update suggests Fernandez has been given the green light Newly transferred to another women’s prisondesigned to protect inmates who are victims of sexual assault.
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**Interview with Criminal Lawyer Daniela Morales Leanza on the Case of Gabriella Fernandez**
**Editor:** Thank you for joining us today, Daniela. The situation surrounding Gabriella Fernandez has garnered significant attention. Can you start by summarizing the key issues at play in this case?
**Daniela Morales Leanza:** Certainly. Gabriella Fernandez, a transgender woman, has been accused of serious charges, including the rape of another inmate at Powell Women’s Prison III. This case raises critical questions about the adequacy of our prison system in handling transgender individuals, especially those with a history of violence.
**Editor:** You mentioned Fernandez’s previous allegations of abuse and gender-based violence. How does this background complicate her placement in the women’s wing of a prison?
**Daniela Morales Leanza:** We need to consider not only Fernandez’s gender identity but also the safety of all inmates. The judicial system recognized this complexity by ordering her transfer to a special unit to ensure that her gender identity is respected without compromising the safety of other prisoners. This situation highlights the necessity of specialized facilities for trans individuals in prisons.
**Editor:** In your opinion, what broader implications does this case have for the prison system, especially in dealing with transgender inmates?
**Daniela Morales Leanza:** This case is indicative of a larger issue. We need a structured approach to accommodate the unique needs of transgender individuals within the prison system. The law states that facilities should adapt to new realities, signaling a need for specific adaptations that ensure safety for all. Other countries have faced similar situations, and learning from their strategies can help us create better protocols.
**Editor:** Some critics argue that individuals like Fernandez might exploit their gender identity for personal advantage. How do you view this concern?
**Daniela Morales Leanza:** It’s a valid concern, and one that has arisen in other contexts as well. We must be vigilant against any such abuses. However, the law must also protect the rights of transgender individuals. The goal is to ensure a balanced approach that minimizes risks while acknowledging and affirming identity.
**Editor:** what measures do you believe should be taken to prevent incidents like those alleged against Fernandez from occurring in the future?
**Daniela Morales Leanza:** First, we need to establish dedicated departments within the prison system to handle cases involving transgender individuals. Second, there should be protocols that include risk assessments before placements are made in facilities. This will help ensure that the safety of all parties involved is prioritized, while allowing for appropriate accommodations based on identity.
**Editor:** Thank you, Daniela, for your insights on this complex and sensitive issue. It’s critical to continue discussing these topics as our society evolves.
**Daniela Morales Leanza:** Thank you for having me. It’s an important conversation to have, and I appreciate the opportunity to shed light on these issues.
