Sentencing Given on Significant Transgender Case

by James Green, F.T.M. Issue 34

(The Gender Centre advise that this article may not be current and as such certain content, including but not limited to persons, contact details and dates may not apply. Where legal authority or medical related matters are cited, responsibility lies with the reader to obtain the most current relevant legal authority and/or medical publication.)

Sean O'Neill, aged 20, recently faced 11 felony counts including criminal impersonation and sexual assault on a child. His only crime was to be an F.T.M. transgendered person who had experienced consensual sex with several teenage girls, when he himself was only 17 or 18 at the time.

In "Out" magazine, Donna Minkowitz; reported on the criminal proceedings observing that "the case ... is unique because it may be the first time law enforcement has treated gender ­deception as something tantamount to rape".

If convicted of all charges, Sean, likened by James Green upon first meeting him, "a frightened little boy", could have wound up in Colorado State prison for over 30 years!

On February 16 of this year, the hearing for Sean's trial took place. Community organisations from around the nation came to support him, including The Transsexual Menace, Menace Men, and Lesbian Avengers. Tony Barreto-Neto, a Deputy Sheriff from Florida and founder of Transgendered Officers Protect and Serve (T.O.P.S.), and James Green of F.T.M. International, were both asked to testify at the proceedings to "demonstrate that being a transsexual does not automatically make a person a criminal".

The D.A. had asked for the full prison sentence to be handed down, labeling Sean as a "predator", and stating that "she should be removed from the community". This is despite the fact, that if Sean had had a male body, the whole matter would have been routinely reduced to a misdemeanor, as is the case with most teenage heterosexual instances.

Sean's lawyers in turn asked for a minimum sentence of probation and counselling declaring that "Sean O'Neill is a troubled young person doing his best to find his way, and to find affection in this world, without role models or appropriate guidance".

The judge took 20 minutes to deliberate after a hearing of about three and a half hours. As a result of his deliberation, Sean received a sentence of 90 days in the county jail with consideration for the appropriate accommodation, and is also to be on probation for six years. He will be a recorded sex offender and may not have unsupervised Contact with females under 17 excepting his younger sisters.

As reported by James Green, the judge stated that "This case is not about pedophilia, not about transgenderism, not about love or trust, this case is about deceit and consistency".

James Green revealed that "We went to Colorado Springs because we felt it wrong for Sean, a confused young transgendered person, to be brought up on these charges. We achieved only a partial victory. But most importantly, we don't want Sean O'Neill to become another Brandon Teena¹".

Sean's case was seen as significant for the Transgender Community. His conviction posed the very real threat of the authorities making it a criminal offence to conceal your gender of birth to others. This is despite the high level of discrimination and violence that exists towards tranys. Sean's sentencing, though greatly reduced, still allows this threat to exist.

Notes:

Polare is published in Australia by The Gender Centre Inc. which is funded by the Department of Community Services under the S.A.A.P. Program and supported by the N.S.W. Health Department through the AIDS and Infectious Diseases Branch. Polare provides a forum for discussion and debate on gender issues. Advertisers are advised that all advertising is their responsibility under the Trade Practices Act. Unsolicited contributions are welcome, though no guarantee is made by the Editor that they will be published, nor any discussion entered into. The editor reserves the right to edit such contributions without notification. Any submission which appears in Polare may be published on our internet site. Opinions expressed in this publication do not necessarily reflect those of the Editor, The Gender Centre Inc.I, the Department of Community Services or the N.S.W. Department of Health.