The Prison Rape Prevention Act of 2025 mandates housing and transportation of prisoners based on biological sex and prohibits gender-related medical treatments for inmates.
Nancy Mace
Representative
SC-1
The "Prison Rape Prevention Act of 2025" mandates that the Bureau of Prisons house and transport prisoners based on biological sex. It defines biological sex as the natural reproductive system of male or female individuals, even with developmental or genetic anomalies. The bill prohibits the Bureau of Prisons from providing or funding gender-related medical treatments, with specific exclusions for certain disorders of sex development or ambiguous biological sex characteristics. "Gender" is explicitly defined to mean the natural differences between males and females, not gender identity or expression.
The "Prison Rape Prevention Act of 2025" mandates that federal prisons house and transport inmates based solely on their "biological sex" at birth and completely blocks access to gender-affirming medical treatments. This new law, if enacted, directly impacts how transgender individuals in federal custody are housed and cared for, raising serious concerns about their safety and well-being.
The core of this bill revolves around strict definitions of "biological sex" and "gender." "Biological sex," according to the bill, is determined by reproductive organs—males are defined by sperm-producing capabilities and females by egg-producing capabilities, regardless of any developmental or genetic variations. The bill explicitly states that "gender" only refers to these biological distinctions between males and females, excluding gender identity, gender expression, or experienced gender (Section 2). What this means in practice is that a transgender woman, for example, would be housed with male inmates, regardless of her identity or any steps she has taken to transition.
Imagine a transgender woman, legally recognized as female and living as a woman for years, being forced into a male prison facility. This bill puts her at extreme risk of violence, assault, and psychological distress. By mandating housing based only on assigned sex at birth, the bill ignores the very real dangers faced by transgender individuals in the prison system. It also means that prison vans won't have mixed genders.
Beyond housing, the bill categorically denies "gender-related medical treatment." This includes surgeries and hormone therapy for transgender inmates (Section 2). For instance, a transgender man receiving testosterone as part of his transition would have that treatment abruptly stopped. This denial of care can lead to severe physical and mental health consequences, effectively forcing detransition. The bill does carve out exceptions for individuals with specific, medically verified "disorders of sex development," but the vast majority of transgender individuals would not fall under these narrow exceptions.
This bill isn't operating in a vacuum. It directly clashes with evolving legal standards around the rights of transgender individuals, including access to appropriate healthcare and safe housing. While proponents might frame this as a measure to prevent sexual assault, it actually increases the vulnerability of transgender inmates by placing them in environments where they are more likely to be targeted. The rigid definitions of sex and gender in this bill could set a precedent, potentially impacting other areas of law and policy beyond the prison system. The practical challenge lies in how "biological sex" will be determined and enforced, opening the door to potentially invasive and discriminatory practices. It also contradicts the goal of rehabilitation, a cornerstone of the prison system, by denying essential medical care and potentially causing significant harm to a vulnerable population.