Incarcerated man who raped 10-year-old daughter will get tax-payer funded gender reassignment surgery

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WAUPUN, WI – The term “healthcare” appears to be taking on new meaning in 2020, as a convicted rapist who assaulted his own daughter is going to get a tax-payer funded mutilation of his own genitals in prison because he claims to be a woman

The child rapist was also recommended to be housed inside a women’s prison by a judge, even before his male genitalia was scheduled to be removed. 

Back in 2007, Mark Allen Campbell, who now prefers to be called Nicole Rose Campbell, was arrested and eventually convicted of raping and abusing his 10-year-old daughter

Campbell was later sentenced to spend 34 years in prison for acts of abuse he committed against his daughter. Yet, while incarcerated, Campbell had the epiphany that the male body that he once used to overpower and rape his daughter with was one he should never have been born with. 

While housed in prison, Campbell was eventually afforded hormone treatments and was allowed to dress and present himself as a woman while inside the men’s correctional facility. 

Mark Allen Campbell offender information -Wisconsin Department of Corrections
Mark Allen Campbell offender information -Wisconsin Department of Corrections

But at some point, hormones, women’s make-up and clothing were not enough to satisfy his dysphoria. In 2013, Campbell had requested that the Department of Corrections pay for gender reassignment surgery, essentially asking that the state pay to have his penis surgically removed. 

At the time, the Department of Corrections treated the request as not being tantamount to a bona fide medical need, and thus declined the request. 

Flash forward to 2016, and Campbell has taken his plight of having the male anatomy he was born with to the courts.

During the 2016 lawsuit, Campbell claimed that his Eighth Amendment rights were being violated by the Department of Corrections due to the DOC being “indifferent” to his “medical needs.” 

The general allegation that was present in the 2016 lawsuit was that Campbell not being gifted a gender reassignment surgery was tantamount to a cruel and unusual punishment.  

For context, cruel and unusual punishment, when it relates to prison confinement conditions, usually falls under malicious beatings of inmates (Ingraham v. Wright, 1977; Hudson v. McMillian, 1992), prison overcrowding (Brown v. Plata, 2011), or prison staff not getting appropriate medical care for an inmate who has suffered an injury requiring medical treatment (Estelle v. Gamble, 1976). 

Whereas Campbell’s 2016 lawsuit likened cruel and unusual punishment to not receiving a body modification that would destroy his, presumably, perfectly functioning genitalia. 

Mark Allen Campbell mugshot
Mark Allen aka Nicole Rose Campbell – Wisconsin Department of Corrections

During that 2016 lawsuit, Judge Diane Sykes pointed out that there was likely no way that the DOC could have possibly suspected that denying a gender reassignment surgery would violate Campbell’s Constitutional rights, as this claim of an Eighth Amendment violation allegation in this respect was completely uncharted territory. 

However, Judge Diane Wood disagreed with Judge Sykes, saying that the DOC was being deliberately indifferent to Campbell’s condition and that their inaction on scheduling a surgery could result in Campbell removing his own penis via self-castration.

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Come 2020, US District Judge James Peterson weighed in on the case and ruled that Campbell had “waited long enough” since his decision to transition to living as a woman, and that it was Campbell’s constitutional right to receive the surgery. 

According to Judge Peterson’s ruling:

“[T]rue public interest lies in alleviating needless suffering by those who are dependent on the government for their care.”

Further along in Judge Peterson’s ruling on the matter, he said that someone’s “criminal history” should not weigh in on whether someone has the right to receive “necessary medical treatment.” In this particular case, someone asking for their penis to be removed for a claim of mental health is now treated as a “necessary medical treatment”. 

But what was all the more strange in Judge Peterson’s ruling was his recommendation that Campbell be moved to a women’s prison facility while he waits to have his surgery scheduled. 

Campbell will be housed in a women’s prison while still hosting his male anatomy after being convicted of raping his 10-year-old girl. 

Perhaps the most interesting of the perspectives on the matter are from the responses to news of the case being shared on the LGBTQ Nation Facebook page

One person responded to an article shared on the LGBTQ Nation page, writing: 

“Maybe this is an unpopular opinion, but I don’t think someone who raped their 10-year-old daughter deserves anything at all. Throw the whole person away.”

Another commenter wrote in a post: 

“Us trans law abiding citizens have to pay for our own medical gender affirmation, so why should a child rapist be allowed a surgery for free that the rest of us may save for YEARS to have?”

Clearly, even those within the LGBTQ community are divided on Campbell being afforded this surgery. 

 

 

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