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Maybe not in US but it does work like that in some countries. But I'm just curious. What would you do in a situation like that?
You're Just Asking Questions™ eh? Alright I'll bite, mainly for anyone else coming through.
Firstly, so much of the world is actively hostile to trans people that trying to use it as a defense would backfire in the vast majority of courts. The trans panic defense is unfortunately a very real thing that lets killers and rapists get away with heinous crimes. A recent example of this is in Tennessee, where a court overturned a murder conviction upon finding out that the VICTIM was trans, as if that somehow makes it ok - news article.
Secondly, assuming said strawman does make it to a court where they have to plead, under oath, that they are trans and should be sent to a women's prison, and that argument doesn't backfire- the court is going to want to see hard evidence for this claim. A random cis dude claiming to be a woman is very unlikely to have any kind of evidence to show.
Sidebar, I don't think you understand how much emotional and physical labor (and money) is actually involved in transition. Just getting approval for HRT is usually a huge ask, with people sometimes waiting years for approval, and that's just the first step. Mind you this is not an argument for transmedicalism- there are trans people who don't seek the medical route but are still valid. Such a theoretical case would be exceedingly rare and require a level of nuance and scrutiny that I have zero faith the courts can provide, but even then an actual trans person is likely to have a recorded history of dysphoria, social transition, or a name change. It really is not feasible to just "identify as a woman" overnight, and implying as such shows a complete lack of understanding
Finally, it's worth mentioning that trans people are overwhelmingly more likely to be the victims of violent crime rather than the ones committing it - source
I find it particularly interesting that you assume being in the US would benefit you as it's literally heading towards a trans genocide. Fwiw, I fled the US a while ago when I saw the writing on the wall.
Please take some time to meet actual trans people and talk to us, rather than resorting to strawmen
I'm not talking about any defense. I'm talking about legally changing sex as happened in Spain. This is well known story with lots of sources in Spanish. No HRT or history behind it because Spanish law doesn't require it to change sex. A guy simply went to an office, change his gender in a government DB and was sent to female prison.
So, what do you think should happen in case like this? Should this (in the eyes of the law) women be sent to a male or female prison?
And yes, I am just asking questions. What else do you think I'm doing? It's an interesting case, you seem knowledgeable about trans issues, what's your opinion?
your argument only makes sense if you think sexual assault is inevitable in prisons. the idea that a prison can't stop someone from sexually assaulting someone else is absurd.
I don't know what "argument" and for or against what do you mean but I take your response as "I would send that person to female prison". And if women got sexually harassed you would say they should design better prisons.