This article was originally published by the Star Observer. You can find the original article here.
Melissa Yarnold, a transgender woman, has spoken out about her harrowing experience in the NSW criminal justice system after settling a complaint of discrimination and sexual harassment against NSW Police, Corrective Services NSW, and Justice Health NSW.
Represented by the Justice and Equity Centre, Melissa’s case was resolved confidentially through the Australian Human Rights Commission, with her case highlighting ongoing systemic failings.
In February 2020, Melissa was arrested following a family dispute and held on remand for ten weeks, including a stint in a men’s prison, before being transferred to a psychiatric hospital.
Despite being released after trial with no conviction under a mental health plan, the trauma she endured remains a stark reminder of the injustices faced by transgender individuals in the legal system.
A Harrowing Ordeal As A Transgender Woman In The NSW Justice System
Melissa recounts being repeatedly misgendered and “deadnamed” by police, despite having legally changed her name and gender marker four years earlier. “Nobody should have to go through what I went through,” she shared.
“It was hell on earth, and it’s taken me a long time with counsellors to get over that trauma.”
Her ordeal extended into her time in custody, where Corrective Services staff failed to follow their own policies requiring individuals to be treated in accordance with their identified gender.
Melissa was forced to endure strip searches by male officers, verbal abuse, and inappropriate placement in a men’s prison, where she faced sexual harassment and threats from inmates.
“When I went into the prison intake system, they yelled at me and told me I was a man,” Melissa said.
“They humiliated me, called me a grub, a man, sir. My mental health deteriorated so much that I didn’t feel like I had any rights at all.”
In addition to being denied access to women’s clothing and only sporadically receiving her hormone replacement therapy (HRT), Melissa was isolated for safety in a women’s prison before being transferred to a men’s facility, where conditions worsened.
Calls for Systemic Change
Jonathon Hunyor, CEO of the Justice and Equity Centre, condemned the treatment Melissa endured as a transgender woman.
“Under Australian law, a person shouldn’t be subjected to sexual harassment or discrimination because of their gender, including when they are dealing with the criminal legal system,” he stated.
“Melissa suffered immense distress because police and corrections staff breached their own policies and failed to treat her with decency and respect.”
Hunyor emphasised that police misgendering and deadnaming often initiate cascading discrimination throughout the criminal justice system. “This case is a stark reminder of the systemic barriers faced by trans and gender diverse people and the urgent need for reform.”
Melissa hopes her case will serve as a catalyst for change. “I want my story and complaint to improve the system,” she said. While acknowledging the accountability achieved through the settlement, she stressed that much more needs to be done to ensure safety and dignity for trans and gender diverse people within the justice system.
