The Department of Justice released two long‑awaited reports on sexual violence in prisons and jails on Tuesday, but the publications omit any demographic breakdown for transgender inmates. The releases follow a memo obtained by Prism that outlined the administration’s intent to dismantle Prison Rape Elimination Act (PREA) protections for transgender and intersex people in adult and youth facilities.
What the DOJ reports contain
The Bureau of Justice Statistics’ latest reports on inmate‑reported sexual victimization (see the prison and jail editions) present overall rates of abuse but exclude key demographic data such as race, sexual orientation, age, and gender identity. The agency has said the missing data will appear in a series of reports slated for 2026.
Why the omission matters
According to the anonymous questionnaires used in the survey (male and female versions linked here and here), prisoners were asked whether they are transgender, indicating that the data was collected but not released. Wanda Bertram, communications strategist at the Prison Policy Initiative, called the omission “a shift by BJS under Trump to not collect any more data about demographics that Trump would like to choose to ignore.”
Experts argue that the lack of data hampers advocacy, research, and policy‑making. Cynthia Totten, deputy executive director of Just Detention International, said an incomplete picture “makes it impossible to do the next step to ensure correctional practices advance the safety of incarcerated folks.” The omission also weakens the ability to counter claims that transgender inmates pose a threat, even though DOJ data shows they experience significantly higher rates of sexual violence.
A memo circulated to PREA auditors earlier this month instructed auditors to ignore provisions that require risk screening, housing preferences, private showering, and LGBTQ‑inclusive staff training for transgender and intersex prisoners. While the Trump administration’s proposed rule changes have not yet been finalized, experts warn that the removal of oversight “already… taken away” could lead to heightened danger for all incarcerated individuals.
Frequently Asked Questions
What did the DOJ’s new reports on sexual violence include?
The reports, part of the National Inmate Survey, present overall rates of inmate‑reported sexual victimization in prisons and jails but exclude demographic details such as race, sexual orientation, age, and gender identity.
Why is transgender data absent from the reports?
Although the survey questionnaires asked prisoners whether they are transgender, the Bureau of Justice Statistics chose not to release that information. Officials indicated the data will appear in future reports slated for 2026, but experts fear it may never be published.
What are the potential consequences of the missing data?
Advocates say the lack of demographic detail hinders efforts to address sexual violence, limits the ability to challenge anti‑trans narratives, and could compound the impact of the administration’s planned roll‑backs of PREA protections for transgender and intersex inmates.
How might the release of comprehensive data change the conversation about safety in prisons?
