Trans inmate caught having sex with female cellmate wants back in at women's prison
A trans-identifying inmate convicted of murdering his parents wants to resume serving his sentence at a women's prison after the facility transferred him out following a sexual encounter with a female inmate.
The American Civil Liberties Union of Washington has filed a Personal Restraint Petition on behalf of 36-year-old Bryan Kim, who goes by the name Amber FayeFox Kim. In a statement last Tuesday, the legal advocacy group cited the "unconstitutional conditions" of Kim's confinement as the reason for the filing.
Kim had spent three years at the Washington Corrections Center for Women before his transfer to the Monroe Correctional Facility, a men's prison, according to the ACLU.
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After an infraction hearing, Kim and his cellmate were transferred to close custody at WCCW, according to the ACLU's Dec. 17 statement. DOC later determined that the male inmate posed a "safety risk" and transferred him to Monroe.
"For the three-and-a-half years I was housed at WCCW, I used my time there to learn, to grow and to contribute positively to the WCCW," the inmate said in a statement.
"Being singled out for exceptional punishment — and transferred to a men's prison — over a single infraction not only harms me, but every other incarcerated transgender person," he added.
The ACLU contends transferring Kim to a men's prison violates the state constitution and exposes the inmate "to an imminent danger of violence, sexual assault, and harassment."
On June 21, the Washington Department of Corrections transferred Kim out of the Washington Correctional Center for Women after a prison guard caught the male inmate having sexual intercourse with his 25-year-old cellmate.
During a routine cell check, the prison guard witnessed Kim and the cellmate, Sincer-A Marie Nerton, "actively having sex," according to a report obtained by The National Review in March. In specific detail, the guard reported that both Kim and Nerton were nude from the waist down, and vaginal penetration occurred.
"This is against MSU rules and policy," the report stated. "WAC-504-Engaging in a sex act with another person within the facility that is not otherwise included in these rules, except in an approved extended family visit."
Contrary to claims from Kim and the ACLU that the sexual encounter had been consensual, an unnamed DOC employee told The National Review, "Technically, there is no consensual sex between the incarcerated."
Kim was found guilty of two counts of aggravated first-degree murder in the stabbing of his father and bludgeoning of his mother, The Spokesman-Review reported in 2008. The prosecution argued that the then-teenage Kim killed his parents in December 2006 because he was angry that they had charged him $1,000 for rent and set a deadline for him to move out of the house.
After attempting to clean up the murder scene and hide his parents' bodies in an outbuilding, Kim went shopping the next day using his father's debit card to withdraw $1,000 from his parents' account, according to the report.
In response to an inquiry from The Christian Post, a spokesperson for the Washington State DOC said that the department does not comment on pending litigation and that an agreement with the Disability Rights Washington prevents them from discussing Kim's personal health information.
The spokesperson provided general information about its policies related to housing trans-identified inmates in prisons that align with their preferences.
"While we cannot publicly identify transgender individuals, we can tell you that there are currently 284 currently housed throughout Washington state at our 11 prisons," the spokesperson stated. "At any given time, 10-12 of those are in gender-affirming housing."
"Our position is that a person's right to safe and humane treatment does not change based on their gender identity and to actively work with community outreach organizations to identify and address possible systemic issues regarding housing, mental health and medical services for people who identify as transgender, and the agency remains committed to the health and safety of all people in our custody," the statement continued.
The ACLU of Washington did not immediately respond to The Christian Post's request for comment.
Advocates for incarcerated women, such as Amie Ichikawa, a former inmate and the founder of the charity group Woman II Woman, have spoken out about the dangers of housing male inmates who identify as female in women's prisons.
In a bonus episode of CP's podcast series, "Generation Indoctrination: Inside The Transgender Battle," Ichikawa recalled feeling "helpless" during her incarceration when men first began being allowed to be housed with women.
"Just to know that you have absolutely no control of your environment, your own physical wellbeing, your mental health, nothing. And there's really no one you can talk to about it," she said.
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
