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CHOWCHILLA, Calif. (KFSN) -- A convicted transgression who served clip astatine the women's situation successful Chowchilla is charged with raping chap inmates.
A Madera County justice ruled this week 52-year-old authorities captive Tremaine Carroll indispensable beryllium referred to with she/her pronouns due to the fact that Carroll identifies arsenic a woman.
But the territory lawyer believes the suspect is abusing the system.
"This is simply a idiosyncratic who is not a pistillate successful immoderate consciousness of the word," says Madera County District Attorney Sally Moreno.
In March DA Sally Moreno, charged Carroll for rape allegedly committed portion incarcerated astatine the Central California Women's Facility successful Chowchilla.
"After his archetypal cellmate became large and was moved to Los Angeles, 2 different cellmates of his had complained that helium had raped them, truthful we person filed rape charges against this inmate," said Moreno.
Moreno says the ruling regarding pronouns impacts her quality to prosecute the case.
"This is simply a peculiar contented successful this lawsuit due to the fact that it's confusing to the jury. In California, rape is simply a transgression that has to beryllium accomplished by a man," said Moreno.
Supervising Deputy District Attorney Eric Dutemple says it's besides unfair to the victims.
"Its conscionable perfectly insane that a unfortunate would person to get connected the basal and constabulary their pronoun usage erstwhile trying to recite 1 of the scariest times of their lives," said Dutemple.
Carroll was allowed to service clip successful a women's situation contempt being a biologic antheral due to the fact that of Senate Bill 132, The Transgender Respect, Agency and Dignity Act, which took effect successful 2021.
It allows inmates to beryllium housed with the sex they place as.
"There's nary intelligence valuation that needs to beryllium done. This idiosyncratic does not request to beryllium connected transverse sex hormones, they don't request to beryllium signed up for transgender surgery, they don't request to beryllium a intelligence valuation regarding sex confusion, the specified connection is enough," said Moreno.
Carroll has since been relocated to Salinas Valley State Prison for men.
The CDCR sent Action News a connection astir the case, writing:
CDCR is committed to providing a safe, humane, respectful and rehabilitative situation for each incarcerated people. Senate Bill 132, The Transgender Respect, Agency and Dignity Act, became effectual connected January 1, 2021. It allows incarcerated transgender, non-binary and intersex radical to petition to beryllium housed and searched successful a mode accordant with their sex identity. CDCR reviews each petition to beryllium transferred nether Senate Bill 132 to find whether that move, based connected the individual's lawsuit factors, would contiguous a information and absorption concern. At each our institutions, CDCR thoroughly investigates each allegations of intersexual abuse, intersexual misconduct, and intersexual harassment pursuant to our zero-tolerance argumentation and arsenic mandated by the national Prison Rape Elimination Act. CDCR does not remark connected cases successful litigation.
Moreno says Carroll fired the defence lawyer handling the lawsuit and has chosen to determination guardant with self-representation successful court.
Carroll's adjacent tribunal day is acceptable for January 14th.
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