A recent sexual assault charge against a transgender inmate has prompted warnings that the Scottish Prison Service could face a wave of legal action from women held alongside biological males. Lawyers and campaigners say the case exposes unresolved tensions between prison policy, safety and recent legal rulings on how gender is defined.
Solicitor Paul Lynch, who acted for prisoner Jayney Sutherley, says the new allegation — brought against Alexandria Stewart (born Alan Baker) after time at HMP Greenock — could prompt significant litigation. Sutherley was previously tried on accusations of harassing Stewart for “misgendering” but the court returned a not proven verdict.
Stewart has been charged with sexually assaulting a female inmate, a development that Lynch argues highlights potential breaches of women’s rights where **strong** separation by biology has not been enforced. He told reporters this could leave the prison service exposed to claims for damages from women who say they were put at risk.
Harry Potter author JK Rowling has said she will underwrite legal costs for the woman who is reported to be the alleged victim, and has also offered support to Sutherley to pursue any action over her own treatment in custody.
Legal and policy context is central to the debate. In April last year the UK Supreme Court issued a ruling that emphasised biological definitions of sex for certain legal purposes. Lynch says that judgment should have forced a reassessment of how prisoners are allocated, arguing that failing to create single-sex accommodation where appropriate could amount to a breach of the prison service’s obligations.
“The SPS has a duty of care to prisoners,” he said. “Putting male offenders in female wings, where that is not managed consistently with that obligation, understandably raises serious legal and safety questions.”
Prisons that have come under scrutiny include HMP Polmont and HMP Stirling. Stirling attracted attention in 2022 when authorities initially planned to transfer Isla Bryson (formerly Adam Graham), who had been convicted of rape, into the female estate; the decision was later reversed after public and political backlash.
- Immediate legal risk: Lawyers warn women detained near male-born inmates may seek compensation alleging rights violations or failure of care.
- Operational pressure: Prison governors could face demands to change placement policies and increase segregation measures.
- Financial exposure: Successful claims would carry compensation costs and potential litigation expenses for the SPS.
- Policy scrutiny: Ministers and human rights bodies may be asked to review guidance on prisoner placement and safety.
Official figures published earlier this year showed there were 19 transgender prisoners in Scottish jails in February, with most housed according to their sex at birth. The Scottish Prison Service declined to comment on active cases, but issued a statement emphasising its commitment “to upholding the rights, safety and well‑being of all people living and working in our establishments.”
Legal experts say the situation will test how prisons balance individual rights, claimant safety and staff responsibilities. Some predict that even a small number of successful challenges could force operational changes and greater clarity in guidance for governors.
For now, the unfolding criminal allegation will be handled through the courts. If civil claims follow, they are likely to probe whether the SPS’s placement decisions met legal standards and fulfilled its obligations to protect vulnerable prisoners.
Hi, I’m Benjamin, a member of the Sherburne County Citizen team. With a passion for writing and a deep interest in current affairs, I thoroughly enjoy bringing you the latest news and trends that affect our daily lives.
