It has been four years since Rosemary Harwood lost her daughter Marjorie, a transwoman who was sent to Risdon Prison near Hobart, Tasmania, and placed in the men's ward.
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"They think she was protected there, but she wasn't," Rosemary said.
In 2017 Marjorie was jailed for stealing a block of cheese and roast chicken from a supermarket.
Her family says Marjorie was horrifically beaten and raped by five inmates in prison. She was left for hours, unable to move, and spent several weeks in the hospital due to her injuries.
In 2018 not long after, due to this traumatic incident, Marjorie refused medical treatment for her kidney disease - which would lead to her death. She feared returning to prison and facing the same brutal treatment after receiving a summons.
Marjorie was 38 years old.
In 2021, to protect trans people in Australia's correction facilities, Rosemary and fellow supporters launched a petition called Marjorie's Law: Better Protection for Transgender People in Prisons.
Her mother said she was still waiting for answers but was tired.
"I'm trying to look after myself the best way I can. I go to a grief group and speak to a psychologist once a month," Rosemary said.
"I've got to do it for her."
To continue Marjorie's story and highlight her injustice, Rosemary continues to hold rallies around Marjorie's birthday.
On December 4, near the prison, Rosemary and her supporters will rally, still seeking answers.
The Tasmania Prison Service states upon reception into custody, Correctional Officers (Reception Prison) must provide prisoners with the opportunity to self-identify as transgender, transsexual or intersex before the commencement of a strip search.
I've got to do it for her.
- Rosemary Harwood
The Director's Standing Order for Transgender, Transsexual and Intersex Prisoners was implemented on August 4, 2017.
Clark MP Ella Haddad tabled the petition in September 2021. Ms Haddad said while it was tabled, it didn't compel the government to do anything. She only heard back from a few states saying they were working on this space.
IN OTHER NEWS:
Ms Haddad said officers and health workers in the hospital used the name Marjorie in some documents while in the men's prison.
"Clearly, there was an understanding and an acceptance, at least from some workers, that she was a transgender woman. Nonetheless, she was housed in the men's prison and ultimately horribly assaulted."
At this stage, an application to the Coroner to conduct an inquest into Marjorie's death is being developed. Advocate Taya Ketelaar-Jones who is working on the application, said it meant looking at broader systems around a death.
"It would be in the public interest to hold an inquest to determine whether or not there are sufficient safeguards for transgender prisoners," she said.
"It's in the public interest to hold public institutions accountable for crimes that occur within them, and to hold them accountable for failing to investigate and to ensure that they can provide safe housing for trans and vulnerable prisoners."
