News24

Judge orders sex change for US killer

2012-09-04 22:34

Boston - A federal judge on Tuesday ordered state prison officials to provide a taxpayer-funded sex-reassignment surgery to a transgender inmate serving life in prison for murder.

US District Judge Mark Wolf ruled in the case of Michelle Kosilek, who was born as a man but has received hormone treatments and lives as a woman in an all-male prison. Robert Kosilek was convicted of murder in the killing of his wife in 1990.

Wolf is believed to be the first federal judge to order prison officials to provide the surgery for a transgender inmate.

Kosilek first sued the Massachusetts department of correction 12 years ago. Two years later, Wolf ruled that Kosilek was entitled to treatment for gender-identity disorder, but stopped short of ordering surgery. Kosilek sued again in 2005, arguing that the surgery is a medical necessity.

In his ruling on Tuesday, Wolf found that surgery is the "only adequate treatment" for Kosilek's "serious medical need".

"The court finds that there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care," Wolf wrote in his 126-page ruling.

Prison officials have repeatedly cited security risks in the case, saying that allowing her to have the surgery would make her a target for sexual assaults by other inmates.

But Wolf found that the DOC's security concerns are "either pre-textual or can be dealt with by the DOC." He said it is up to prison officials to decide how and where to house Kosilek after the surgery.

Comments
  • stefan.snyders.1 - 2012-09-05 07:41

    Nasty, Just let him rot in jail for murder xD

  • gerrit.vanpletzen - 2012-09-05 08:01

    IT should be euthanised, and not pampered. Send IT to a women's prison.

  • ludlowdj - 2012-09-05 12:15

    Disgusting abuse of taxpayer funds the judge should be ashamed of himself.

  • tammy.laumann - 2012-09-05 12:42

    All three of you are disgusting and have no empathy. This person is not 'it'. How rude. Imagine this was your child. Do some research and you will discover that gender reassignment surgery is not being pampered.

      monique.feilingrawjee - 2012-09-05 14:41

      Tammy - did you miss the part where "she" is spending life imprisonment for killing "her" wife... a murderer does not 'deserve' to have rights, such as gender re-assignment... it might not be ideal, but it sure is a privilege... so, no, IT does not deserve to have that type of luxury paid for by TAX payers...

  • johan.louw.399 - 2012-09-05 15:05

    Disgusting!!... STOP WAISTING OUR TAX Money. Hang the bustard and get it over!!!No use for that type in society. What rights do criminals have to sue or any rights at all – should have NONE!!!??Ridicules!!

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