Trans-identifying male in women's prison reportedly discovered having sex with female inmate

A transgender-identifying male was discovered having sex with a female inmate at a Washington state women's prison earlier this month, according to an incident report of the event. 

A corrections officer at the Washington Corrections Center for Women (WCCW) discovered 35-year-old Bryan Kim, who murdered his parents and now goes by Amber FayeFox Kim, having sex with 25-year-old Sincer-A Marie Nerton on March 14 during a routine check at the medium security unit (MSU), National Review reported. The incident resulted in an infraction, but a hearing is expected to follow. 

According to the report, "This is against MSU rules and policy. WAC-504-Engaging in a sex act with another person within the facility that is not otherwise included in these rules, except in an approved extended family visit." 

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Before Kim was transferred to the women's prison in February 2021 under the state Department of Correction’s (DOC) gender-inclusion policy, Kim was incarcerated at a men's facility in the state. 

An anonymous Washington DOC employee told National Review that there is "technically" no consensual sex among incarcerated individuals, but that "Washington has been mitigating the sanctions on offenders involved" if both parties claim the intercourse is consensual, resulting in "less trouble" for the offenders. 

Under the Prison Rape Elimination Act (PREA), a federal law enacted in 2003, the Washington DOC states "consensual, non-coerced sexual activity between individuals" is prohibited, but is not a violation of PREA.

WCCW told Fox News Digital that it "takes the safety of all individuals in our care and custody seriously," adding, "There has not been a reported case of rape against an individual during this timeframe" and if there was, it would be reported to law enforcement, likely resulting in a criminal case. 

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The DOC would not confirm the report, only indicating a rape did not occur, then provided information regarding its policies on transgender-identifying incarcerated individuals, which "establishes procedures to ensure equitable treatment of transgender, intersex and/or gender non-binary people during intake screening and determining housing, classification, programming and supervision."

All people under the DOC’s care and custody are assessed upon intake and, "if they self-identify as transgender, intersex and/or gender non-binary, the policy provides detailed guidance on placement and programming," the DOC told Fox News Digital. 

"DOC has developed this comprehensive housing assignment process to determine where an incarcerated individual is housed considering objective criteria that includes their gender identity," the statement added. "If a person identifies as transgender or non-binary, they participate in a thorough mental health assessment, healthcare assessment and facility evaluation." 

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The DOC also said their health plan provides services in accordance with the Washington state Health Care Authority Apple Health Transhealth program. The Transhealth program offers primary care, behavioral health services, speech therapy, including voice training and hormone therapy, including puberty blockers.

"Several multidisciplinary teams must review all requests for transfer for a final placement determination," the DOC statement added. "Each situation is considered on a case-by-case basis, with a focus on safety both for the individual and those who are housed at the facility."

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