The Sexual Violence Prevention Association (SVPA) is urging the Department of Justice (DOJ) and PREA coordinators to uphold existing protections for incarcerated trans+ people. On November 9th, the Supreme Court vacated a circuit court decision regarding safe housing and strip searches for incarcerated trans+ people. This comes as the DOJ is rolling back protections for trans+ inmates under the Prison Rape Elimination Act (PREA).
“Trans people face significant sexual violence during incarceration. Everything from strip searches, to their housing, to the showers, to using the bathroom can be extremely dangerous,” said Omny Miranda Martone, Founder and CEO of the SVPA.
Strip searches are sexual violence. Specifically, they are state-sanctioned sexual violence, and they are especially traumatic for trans+ people. The government requires that all inmates are sexually violated as a misguided and horrifically ironic effort towards safety. Strip searches are also often the site of additional sexual violence. This is called state-tolerated sexual violence because these incidents are often covered up or ignored. Sexual violence against trans+ inmates by staff or fellow inmates is common in bathrooms, showers, and housing units. This is also often overlooked and unmitigated.
The Bureau of Justice Statistics found that 35% of transgender inmates experienced one or more incidents of sexual assault every year. The PREA standards were written in response to this crisis. Now, those protections are under attack.
Supreme Court Ruling
In February of 2025, the 10th Circuit ruled that a trans woman in county jail could not be strip searched by male officers unless there was an emergency. Their ruling also found that housing her with male inmates violated the Constitution. This was a big win for the rights of trans+ inmates!
Unfortunately, on November 9th, 2026, the Supreme Court vacated and remanded the 10th Circuit’s ruling. In other words, they erased the original ruling and told the 10th Circuit to reconsider the case while taking into account two recent court decisions that may change the outcome. The first was a decision from June which ruled that state laws can ban transgender girls from participating in girls’ sports. The second was a decision from 2025 which ruled that state laws can restrict drug treatments and surgeries for minors’ gender transitions.
DOJ Revoking Protections
The DOJ is also expected to release a new rule revising the PREA standards. In December 2025, the DOJ sent a memo telling auditors to treat standards protecting trans and intersex people as “not applicable.” More specifically, the DOJ told PREA auditors they could “look the other way” when trans people were subjected to gender-inappropriate strip searches, unsafe showering practices, and other dangerous protocols that increase the risk of sexual violence.
The SVPA has opposed these changes since the memo was released. Now, the DOJ is expected to release a new rule formally revoking the PREA protections for preventing sexual violence against trans+ people.
“Our Supreme Court and the DOJ are telling us that the people most likely to be sexually assaulted in custody are the people they plan to protect the least. In fact, they plan to put trans inmates in direct danger,” said Omny Miranda Martone, Founder and CEO of the SVPA. “Our government claims it opposes rape. The Prison Rape Elimination Act was designed to prevent it. Yet, our courts and our elected officials are dismantling vital PREA standards. Without these protections, prisons aren’t just failing to prevent sexual violence. They are actively encouraging the subjugation of trans+ people.”
Fighting to Protect Trans+ Inmates
The SVPA sent a letter to the DOJ urging them to prevent sexual violence against trans+ people and uphold existing PREA protections. Any changes to the standards must go through a complete notice-and-comment rulemaking process. The DOJ must stop weakening oversight, enforcement, and protections that exist to prevent rape.
The SVPA also sent a letter to the National Association of PREA Coordinators urging them to fight back and issue a memo clarifying facilities’ legal requirements. The current PREA standards, including the protections for trans+ people, remain legally in effect until a new rule is finalized. We are asking the National Association to issue a memo making it clear that facilities should keep following the expanded protections until a new rule is fully codified. Confusion about what applies has already led to inconsistent practices, which increases both liability and harm.
Because federal protections are under threat, states must take action. The SVPA encourages state lawmakers to pass legislation codifying protections for trans and intersex people. This includes gender-appropriate strip searches and staff training on sensitivity and prevention, as well as safe showering, bathroom, and housing practices. The more states take action, the less trans+ people’s rights are threatened by federal rulemaking.
Our current advocacy aligns with our previous work fighting against strip searches and state sexual violence. In March of 2026, we met with the DOJ under Executive Order 12866 to oppose the administration’s plan to cut PREA protections for trans and intersex people. We’ve also passed legislation in California, Colorado and Idaho, as well as our work urging reform in Utah, Mississippi, and Connecticut.
The Supreme Court erased a vital ruling by the lower court, leaving trans+ inmates vulnerable, waiting on the lower courts to determine their rights. Meanwhile, the DOJ has already moved to stop enforcing vital prevention measures. Soon, it may codify these protection rollbacks into law.
Trans people are at far greater risk of sexual violence while in custody. The government must work to reduce that risk, not increase it. The SVPA calls on the DOJ, PREA coordinators, and state legislators to uphold existing PREA protections and prevent sexual violence against trans+ inmates.
