Nicolle Earley pleaded guilty to killing pensioner Ann Gray in 2010.

Women's jail campaigners demand trans male offenders should be kept in female prisons

Keep Prisons Single Sex claims there are more and more women self identifying as men in women's jails - but male estate would be a danger to them

by · Daily Record

Women's jail campaigners are demanding that the growing number of trans male offenders should be kept in female jails.

Dr Kate Coleman, of Keep Prisons Single Sex, said that the instances of women identifying as men mid-sentence is a “growing problem”.

But she believes that such prisoners should be treated as women - and that moving them to men’s prisons or a special “trans unit” would be misguided and dangerous.

Coleman spoke out after the Daily Record revealed how killer Nicolle Earley is now living as a man in Scotland’s only all-female prison.

Earley has lived a chaotic life inside and received several extra sentences for violence and intimidation.

She currently faces accusations of punching a prison officer at HMP Stirling in the face over a trivial matter.

But Coleman is adamant that Earley - now known as Kobi - should serve the rest of her time at HMP Stirling.

Dr Kate Coleman of Keep Prisons Single Sex

Coleman said: “The data we have indicates that this is a growing population.

“Whilst the focus, rightly in my view, has been on the risks that males who identify as transgender pose to women in prison, the challenges of adequately and appropriately meeting the needs of females who identify as transgender must be addressed.

“These needs must be met within the female estate.

“I understand that females who identify as men are difficult to manage.

“But there is no quandary about where to house her. She is female and belongs in the female estate. She must be managed in a way that is continuous with the way in which all other female prisoners are managed. Housing her in the male estate is not even a question that should be asked.

“This is for her own safety and for her own benefit as it is in the female estate that she will be able to access the services and programmes that are necessary for her to progress.”

Keep Prisons Single Sex have been strongly supported by JK Rowling. The Harry Potter author ho has led a worldwide backlash against claims, which became mainstream, that sex is not defined by biology and that each person has the right to choose their gender.

The Scottish prison estate has been the focus of worldwide scrutiny after several trans women - notably Isla Bryson - who have committed sex crimes against women were allowed to live as women in female jails.

Bryson raped two women in Clydebank and Glasgow in 2016 and 2019 while known as Adam Graham.

The rapist changed gender while waiting to stand trial.

Isla Bryson

Bryson, 31, was initially remanded to a women’s jail after being found guilty and sentenced to eight years - but after a backlash was then moved to a men’s facility.

Dr Coleman said: “I disagree that Earley, unlike Bryson and others, is ‘genuinely trans’.

“Whilst I agree that Bryson may have been an opportunist in a way that Earley is not, this does not make Earley a man. Earley’s belief that she is a man should be treated in a way that is continuous with treating mental health issues and symptoms of distress.”

Dr Coleman rejected suggestions that a “trans prison unit” should be built.

She said: “This idea is misplaced. A ‘trans unit’ would not benefit the prisoners who are so few in number that they would risk social isolation.

“Whilst the focus, rightly in my view, has been on the risks that males who identify as transgender pose to women in prison, the challenges of adequately and appropriately meeting the needs of females who identify as transgender must be addressed.

“These needs must be met within the female estate.”

In 2008, Nicolle Earley killed family friend Ann Gray, 63, in her own home in Methil, Fife, after a row over £5 and cigarettes.

Ann died as a result of a head injury after she was knocked to the ground and repeatedly stamped on.

The grandmother also suffered a fractured jaw and broken cheekbone along with a fractured bone in her upper neck.

Top cop tells MSPs that male rapists won't be recorded as female

Police Scotland has insisted there are no cases of men man who have been charged with rape being recorded as being female by the force.

In a letter to Holyrood’s Criminal Justice Committee, Deputy Chief Constable Alan Speirs sought to provide assurance to MSPs on the issue.

While he said claims were made in First Minister’s Questions at Holyrood that a male rapist could demand to be called a woman and “further traumatise his victim”, the senior officer made clear that “this would not happen”.

In a letter to MSPs he said: “The committee should be absolutely assured that a man who commits rape or serious sexual assaults will be recorded as a male.

“There is no instance or record on police systems of a male having been arrested and charged with rape whose gender has been recorded as female. This has not happened.”

The senior officer wrote to MSPs ahead of a meeting of watchdogs at the Scottish Police Authority on Thursday, where Police Scotland Chief Constable Jo Farrell is expected to be questioned on the matter.

In his letter, Speirs continued: “Whilst the matter raised around our procedures for gender self-identification is important, this is not the issue impacting on the safety of women and girls.”

He also stressed that incidents involving transgender offenders “are rare”, noting that the Scottish census in 2022 found just 19,990 people in Scotland who were either trans or had a trans history.

The letter came despite MSPs on Holyrood’s Public Petitions Committee considering a petition raising concerns that transgender double rapist Isla Bryson - who raped two women while identifying as Adam Graham, a man - could be recorded as female in crime statistics.

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Earley, of Methil, Fife, was jailed for life in 2010 and was ordered to serve a minimum of 14 years in prison.

She was due to attend a parole hearing in 2021 but that was cancelled because of other attacks on prisoners while inside.

In 2016 - while in court accused of another assault - Earley claimed she was suffering from post-traumatic stress disorder as a result of flashbacks over the murder of Ann Gray.

Ann Gray murder victim

Earley was given an extra six months at Stirling Sheriff Court for punching another inmate in Scotland’s only all-female jail.

In the same year, Earley was earned another conviction for a similar attack on a different prisoner.

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It is thought that Earley has been identifying as a man for more than five years.

She has recently been held in the admissions hall of HMP Stirling, keeping her apart from the general population of long term prisoners.

A Scottish Prison Service spokesperson said: “We do not comment on individuals.

“Our policy on transgender people in custody supports the health, safety, and wellbeing of all people living and working in Scotland’s prisons, by taking an individualised approach to the admission, placement, and management of transgender people.

“We will carefully consider a range of factors, including risk to and from an individual when making decisions about ho best to manage and support them.”

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