“KK”: transgender paedophile prisoner who lost court case vs NHS

Silhouette image via Wikimedia Commons

KK‘, a violent male who identifies as a trans woman, received an indeterminate sentence for public protection (IPP) over a decade ago after being convicted of making indecent photographs of children and following a previous conviction for sexual activity with a young girl. KK cannot be named for legal reasons.

The 60 year old paedophile sued the NHS for refusing reassignment surgery after identifying as transgender for the past eight years while incarcerated in a men’s prison. The judge at the High Court deferred to the expert clinical opinion that the referral should not be made, saying that “the claimant has produced no evidence to the contrary.”

The prisoner claimed the Tavistock and Portman NHS Foundation Trust has unlawfully adopted a “de facto policy” of refusing to refer serving prisoners with gender dysphoria for gender reassignment surgery (GRS).

In written submissions, Jenni Richards QC, for the trust, argued that the court should not interfere in a decision involving “the application of clinical expertise in a developing area of medical practice” and that the reason KK was not referred was because “the treating clinicians at a world-class clinic for gender dysphoria did not consider it clinically appropriate to refer her for surgery”.

KK’s barrister submitted that the trust refused to make the referral over “concerns that there was a possibility that the claimant may not wish to continue to live as a woman following her release from prison”.

In 2015, The British Association of Gender Identity Specialists submitted evidence to the Transgender Equality Inquiry on “the ever-increasing tide of referrals of patients in prison serving long or indeterminate sentences for serious sexual offences” and identified clear, worrying motivations for some male prisoners to transition; most alarming of which was a desire to make subsequent sexual offending very much easier. The British Psychological Society similarly warned the Inquiry to be “extremely cautious of setting law and policy such that some of the most dangerous people in society have greater latitude to offend” and were “aware of a number of cases where men convicted of sex crimes have falsely claimed to be transgender females.” 

This tag collates other transgender prisoners who have received indeterminate sentences for public protection (IPP) as a result of their violent and/or sexually violent offending.

Media reports

The Times https://www.thetimes.co.uk/article/paedophile-prisoner-loses-gender-surgery-bid-256st7r0k

i newspaper https://inews.co.uk/news/uk/gender-reassignment-prisoner-kk-loses-high-court-case-1347195

Metro https://metro.co.uk/2019/11/29/trans-prisoner-denied-gender-surgery-despite-living-time-inside-woman-11237405/

Daily Telegraph https://www.telegraph.co.uk/news/2019/11/28/transgender-paedophile-sues-nhs-refusing-reassignment-surgery/

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