A Madera County judge ruled 52-year-old state prisoner Tremaine Carroll must be referred to with she/her pronouns because Carroll identifies as a woman.
But the district attorney believes the defendant is abusing the system.
"This is a person who is not a woman in any sense of the word," says Madera County District Attorney Sally Moreno.
In March DA Sally Moreno, charged Carroll for rape allegedly committed while incarcerated at the Central California Women's Facility in Chowchilla.
"After his first cellmate became pregnant and was moved to Los Angeles, two other cellmates of his had complained that he had raped them, so we have filed rape charges against this inmate," said Moreno.
Moreno says the ruling regarding pronouns impacts her ability to prosecute the case.
"This is a particular issue in this case because it's confusing to the jury. In California, rape is a crime that has to be accomplished by a man," said Moreno.
Supervising Deputy District Attorney Eric Dutemple says it's also unfair to the victims.
"Its just absolutely insane that a victim would have to get on the stand and police their pronoun usage when trying to recite one of the scariest times of their lives," said Dutemple.
Carroll was allowed to serve time in a women's prison despite being a biological male because of Senate Bill 132, The Transgender Respect, Agency and Dignity Act, which took effect in 2021.
It allows inmates to be housed with the gender they identify as.
"There's no psychological evaluation that needs to be done. This person does not need to be on cross gender hormones, they don't need to be signed up for transgender surgery, they don't need to be a psychological evaluation regarding gender confusion, the mere statement is enough," said Moreno.
Carroll has since been relocated to Salinas Valley State Prison for men.
The CDCR sent Action News a statement about the case, writing:
CDCR is committed to providing a safe, humane, respectful and rehabilitative environment for all incarcerated people. Senate Bill 132, The Transgender Respect, Agency and Dignity Act, became effective on January 1, 2021. It allows incarcerated transgender, non-binary and intersex people to request to be housed and searched in a manner consistent with their gender identity. CDCR reviews every request to be transferred under Senate Bill 132 to determine whether that move, based on the individual's case factors, would present a safety and management concern. At all our institutions, CDCR thoroughly investigates all allegations of sexual abuse, sexual misconduct, and sexual harassment pursuant to our zero-tolerance policy and as mandated by the federal Prison Rape Elimination Act. CDCR does not comment on cases in litigation.
Moreno says Carroll fired the defense attorney handling the case and has chosen to move forward with self-representation in court.
Carroll's next court date is set for January 14th.