A complex criminal case is unfolding in Madera County, focusing on pronoun usage.
Background of the Case
Tremaine Carroll, a convicted criminal who served time at the women’s prison in Chowchilla, now faces charges of raping fellow inmates. This week, a Madera County judge ruled that 52-year-old Carroll must be referred to with she/her pronouns, as Carroll identifies as a woman. The district attorney believes the defendant is manipulating the system.
“This is a person who is not a woman in any sense of the word,” said Madera County District Attorney Sally Moreno.
The Charges
In March, DA Moreno charged Carroll with rape, alleging that Carroll committed the crimes while incarcerated at the Central California Women’s Facility in Chowchilla. “After his first cellmate became pregnant and moved to Los Angeles, two other cellmates complained that he had raped them, so we filed rape charges against this inmate,” Moreno stated.
Legal Complications
Moreno argued that the ruling on pronouns complicates the prosecution. “This is a particular issue in this case because it’s confusing to the jury. In California, rape is a crime that must be committed by a man,” Moreno explained. Supervising Deputy District Attorney Eric Dutemple echoed this sentiment, saying it is also unfair to the victims. “It’s absolutely insane that a victim would have to get on the stand and police their pronoun usage when trying to recite one of the scariest times of their lives,” said Dutemple.
Biological Reality
Tremaine Carroll is biologically male, and despite identifying as a woman, he retains male anatomy. This case underscores the fact that there are only two biological genders: male and female. Carroll’s identification as a woman does not change his biological reality as a man, which is central to the legal arguments in this case. In California, rape is defined as a crime that must be committed by a man, further complicating the proceedings.
Senate Bill 132
Carroll served time in a women’s prison despite being a biological male due to Senate Bill 132, the Transgender Respect, Agency and Dignity Act, which took effect in 2021. This law allows inmates to be housed according to their gender identity. “There’s no psychological evaluation required. This person does not need to be on cross-gender hormones, nor do they need to be scheduled for transgender surgery. The mere statement is enough,” said Moreno.
Current Status
Officials relocated Carroll to Salinas Valley State Prison for men. The California Department of Corrections and Rehabilitation (CDCR) released a statement about the case. “CDCR is committed to providing a safe, humane, respectful, and rehabilitative environment for all incarcerated people. Senate Bill 132, the Transgender Respect, Agency and Dignity Act, became effective on January 1, 2021. It allows incarcerated transgender, non-binary, and intersex people to request to be housed and searched in a manner consistent with their gender identity. CDCR reviews every request to be transferred under Senate Bill 132 to determine whether that move, based on the individual’s case factors, would present a safety and management concern. At all our institutions, CDCR thoroughly investigates all allegations of sexual abuse, sexual misconduct, and sexual harassment pursuant to our zero-tolerance policy and as mandated by the federal Prison Rape Elimination Act. CDCR does not comment on cases in litigation.”
Next Steps
Carroll fired the defense attorney and opted to represent herself in court. Her next court date is set for January 14th.
For news updates, follow TruthFeedDaily on X, Instagram, Truth Social.
