Should a trans woman convicted of rape go to a male or female prison?

[Yazata]

I don't personally acknowledge the existence of "transsexuals". Hence I object to this thread's OP calling the guy a "trans woman". He's a much a woman as I am the King of England.

This guy is a guy who dresses up as a woman. If he takes hormones he's a guy with messed-up endocrinology. If he's has surgery on his genitals, he's a mutilated guy.

So my answer should be obvious. That being said, there's an argument for putting him in protective custody in a men's prison, not in the general population.

[Syne]

Meh, a rapist would get a very suitable punishment in the men's general population.

[stryder]

Meh, a rapist would get a very suitable punishment in the men's general population.

That is where there is a philosophical, ethics and law quandary.

People are placed in Gaol(Jail) when they have done something wrong and their interactions with society can be a threat to themselves and others. The intension there is to keep them from the world long enough that they can rehabilitate and for those that were wronged no longer feel the need for retribution.

To place them somewhere where a "vigalante" can impart their own form of justice however would be immoral as it's literally getting someone thats already "trying" to rehabilitate to commit an extra offense. (even if who they offend is someone of low moral standard.) In any sense any Judge and/or Jury that knowingly places someone in a position for the purpose of such vigalante justice would themselves be an accomplice to any offence, even indirectly.

So in essence it's an offence to knowing get others to commit an offence in the name of vigalante justice. (It's therefore part of the reason Trump was in so much shit of Capital Hill, which people might well have forgot.)

[Syne]

But placing them in a women's prison would effectively expose those women to similar "vigilante justice," only without it having any relations to the crimes they're convicted of committing.
Personally, I think the penalty for rape should be death. The only problem with that are is false accusations/convictions. But even without the death penalty, I think the sentence for a false accusation should be the same as the accused crime.