The internet has been abuzz with opinions, links to research, and political cartoons in regards to the controversial subject of trans* individuals being able to use the bathroom they identify with. This has come about with the very public reiteration of Target's policy regarding bathroom usage. The debate appears to be very distinct: those against the policy believe that it creates an open environment for rapists and predators to have access to women with no legal repercussions, because they could claim to identify as a woman.
In an attempt to support Target, and the large number of popular companies that also protect trans* customers and employees, the opposite opinion has been noting the sexism, transphobia, and homophobia that the more conservative beliefs on the topic stir up. Common points include: a man in a dress is a man in a dress, not a trans* woman. There has never been a barrier to prevent someone from entering any bathroom, but the law does protect against any inappropriate behavior that could be conducted in a bathroom. If someone wants to commit a crime, they will commit it, and it will be considered a crime, no matter if they were in the space legally or not. Women and girls are not the only victims of sexual assault, meaning these men that are going to prey on those in the women's restroom have been washing their hands next to other men and boys. Most children are sexually assaulted by someone they know - not a stranger in a public restroom.
The defense against the idea that wives, mothers, and daughters are going to be victims is a long list, with the points above just a few of the most common. But instead of trying to decide if there is a danger in allowing people to use the bathroom they identify with, there is a greater enemy to acknowledge: the lack of protection that victims and potential victims have from predators of power.
Last week, news broke that former House Speaker Dennis Hastert confessed for the first time to sexually abusing boys while working as a teacher and athletic coach. The number of victims is unspecified, but there are at least four. The former Congressman was given a grand sentence of fifteen months of prison and a payment of $250,000 to a victims' fund. More details about the case can be found here.
When researching the penalties and sentencing for child abuse, it can be found that the punishments are minimal, at best. While Aggravated Sexual Assault in the 1st Degree, which means using or threatening to use a deadly weapon to coerce someone to engage in intercourse and the victim is under 16 years old, holds a minimum sentence of 20 years, but Sexual Assault in the 4th Degree, when the offender submits the victim to sexual contact and the victim is under 15 years old, has no minimum sentence and is just considered a class D felony, the lowest felony charge. For comparison, the sale of marijuana paraphernalia would receive a felony charge and up to three years in prison.
For some reason the safety of a minor is the key to keeping people from peeing, but it isn't worth prosecuting. Many of the politicians who are speaking out against this transition towards accepting the trans* community are the people who wrote letters to the judge in Hastert's case, calling him a man of God and asking for forgiveness.
This standard is sending an important message: if you sexually assault someone under the age of 18, you may go to jail for a small period of time and have to register as a sex offender. That's what the world should be angry about. If we want to protect each other, our children, and our loved ones, then we should be angry that a man who was at one point just two people away from the Presidency is quietly getting away with taking advantage of young men that he was supposed to protect.
Our greatest enemy is not the stranger in the bathroom, it is the person we respect who knows they will basically get away with it, and it is the justice system that will allow it.
