ACLU Sues Washington Department of Corrections to Return Male Felon to Women’s Prison
A transgender-identifying male felon who murdered his parents sued the Washington State Department of Corrections on Tuesday for moving him back to a men’s prison after he was caught in a prohibited sexual encounter with a female inmate while being housed in the state’s women’s prison.
Bryan Kim was represented by the ACLU in a discrimination case, asking a Washington Court to either release Bryan Kim or return him to Washington Corrections Center for Women. Kim’s transfer from the Monroe Correctional Facility to the Washington Corrections Center for Women (WCCW) was deemed cruel punishment by the court petition, as it exposed Kim to a danger of violence and sexual assault.
“During the three and a half years that I spent at WCCW I learned, grew, and contributed positively to WCCW. Kim stated that being singled out and punished with a harsh punishment, including transfer to a male prison for a single offense, not only hurts her but also every other transgender inmate.
Kim, who had been housed in WCCW (also known as Purdy) for four years, was found in March having sexual relations with a female prisoner, in violation of DOC policies. The DOC removed him from Purdy in July citing “ongoing concerns” to National Review. Kim is the only transgender male to have been moved out of a women’s prison since the DOC enacted their radical gender-inclusive code.
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The Spokesman-Review reported that Kim was convicted in 2008 on two counts of first degree murder for the stabbing death of his father Richard Kim and the strangulation and bludgeoning death of his mother Terri Kim. Kim murdered his parents in their Mount Spokane house on December 5, 2006. They were returning from work. Kim, who had tried to clean up and conceal his parents’ corpses in an outbuilding the day before, went shopping, withdrawing $1,000 from the parents’ bank account using his father’s card. Kim was sentenced for his crimes to life imprisonment.
Kim was recommended to stay at Purdy for a housing review that was completed one month after the infraction. She would continue to live with the female prisoners. The ACLU claims that the DOC did a second review a few weeks later and recommended Kim be sent to a male prison.
Kim claimed that the incident occurred consensually, but the DOC determined that it is difficult to prove consensual sex in a setting as volatile and prone to exploitation that a prison.
National Review was told by a DOC employee who requested anonymity for fear of retribution that there technically is no consentual sex among the incarcerated. However, the DOC has been reducing the sanctions against offenders who claim they had a consensual sexual encounter.
According to The Seattle Times, Kim’s housing report stated that “due to the culture of American prisons where inmates are afraid to speak up with information which could lead to other prisoners getting in trouble, there is no solid practices for determining consensual sexual activity.”
An anonymous female Purdy inmate said that reporting on Kim’s case “definitely played a big role” because it “brought a lot negative publicity to the facility and was well-known.” The WA DOC is under increased scrutiny after National Review’s exposés about the treatment of female inmates at the hands of male transfers.
National Review reported that a male child molester, currently housed at Purdy, repeatedly sexually harassed Mozzy Clark Sanchez, a female prisoner who was herself a child rape victim. In August, prison officials notified Clark Sanchez that the case she filed under 2022 Prison Rape Elimination Act against transgender inmate Christopher Williams had been referred to state police.
Kim complained that he feared “being victimized” in showers in facilities for men. Purdy’s female inmates also fear that men will prey on them in the shower, because the bathrooms do not provide privacy.
Another female prisoner, who chose anonymity out of fear of reprisals, said to National Review that the male prisoners were “so tall. They’re about 6’4″ ”,”
She said, “Our shower stalls do not reach our heads.” “And the bathroom stalls are also the same.” These women are standing in the showers. They can look around and see everything without having to be on tiptoes. The people were very uncomfortable. “You feel like you have been violated.”
Williams has repeatedly sneered at women as they shower. Clark-Sanchez claimed that Williams peered at her as she took a naked shower. She said that he once threatened her, saying “I’ll get you whenever I want.”
Kim’s declaration stated that he would continue his rehabilitation if he was sent back to WCCW.
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