The bizarre case of the transgender inmate who set fire to her cell.

Raquel caused chaos in the Tires women's prison this Monday when, in a premeditated act, she set fire to her cell, injuring five prison guards. The incident raised alarms within the prison system, but those who work with the inmate were not surprised—after all, the transgender woman had long been known for her aggressiveness and even violence against prison guards. She first served a prison sentence in 1993, when she still went by her birth name, António, and had just reached the legal age of 16.

This first conviction was just the first indication of what the next almost 30 years would be like: Raquel robbed (several times), kidnapped, and raped, adding case after case to her already long criminal record. One of the convictions led to her imprisonment in Aveiro, where she was incarcerated when, in 2022, she expressed her intention—which those who knew her never foresaw—to change sex: she wanted to be a woman. The legal process was the first to be completed: on her citizen's card, Miguel became Raquel. Under the regulations that came into effect that year, she was transferred to the women's prison in Santa Cruz do Bispo.

The next steps for this change would be completed with proper medical supervision. But Raquel, who arrived at the new prison wearing a skirt, “with hair like Beatriz Costa” and provoking the guards who were supposed to search her, never continued with the hormone treatment. “We’ve had people with this desire to change sex before. But when they arrive at the prison, they accept the medication. She always rejected the medication,” a source from the prison guards who crossed paths with the inmate during one of her sentences told Observador.

In prison, and already surrounded by women, Raquel went so far as to assault other inmates and allegedly had, at least on one occasion, sexual relations in a bathroom — these episodes were recurrent and were even a topic of conversation, not only among the other women serving sentences in prison but also among the prison guards themselves, although Raquel was never caught in the act.

Threats of violence against guards were also frequent, but never carried out. Until one day that changed, after Raquel revealed that she actually wanted to be Miguel again. "When she expresses the desire to be a man again, that's when she becomes a little more aggressive," she says.

The most violent incident culminated in an assault that led the Directorate-General for Reintegration and Prison Services (DGRSP) to transfer Raquel to another prison after she pushed a prison guard, causing him to hit his head against the wall. Despite appeals from the guards—who advocated for a transfer to Monsanto—the inmate ended up being transferred to Tires, where she again attacked prison guards in an area of ​​the prison called "Casa das Mães" (House of Mothers).

The issue generated much discussion and reached Parliament. Before the deputies, the Minister of Justice assured them this Wednesday that "the inmate who set fire to the prison... or female inmate" is being monitored. "The incident is being evaluated. We are waiting to see what will come of it," said Rita Alarcão Júdice.

While this assessment is underway, Raquel was refused admission to the Caxias Prison Hospital and returned to Tires. There, she attempted to flood the cell's bathroom and even defecated on the floor, this past Tuesday. The Directorate-General for Reintegration and Prison Services, when contacted by Observador, is reserved in its clarifications regarding this case. In a written response, it states that it is “legally bound by a duty of confidentiality regarding the criminal, legal-penal and prison situation of the persons placed in its custody, and therefore does not publicly share information about any of these aspects, just as it does not share information about the sexual orientations and personal and sentimental lives of the inmates.”

The truth is that prison guards remain outraged by their inability to contain Raquel's violence and are demanding measures for these cases, as is already the case in other countries, in order to resolve a security problem—there is no record of similar cases involving other transgender inmates in Portuguese prisons. In the United Kingdom, for example, a transgender woman with male genitalia or who has been convicted of rape cannot be held in a women's prison.

The first court case found in Raquel's files, which Observador had access to, dates from 1999 — but prison sources assure that it all began six years earlier. In a short time, the crimes began to accumulate, and her criminal record grew larger with the buildup of convictions. Theft is the crime that appears most frequently on the long list. The location is also almost always the same: Coimbra, the area where she was also convicted of robbery, kidnapping, rape (twice), possession of a prohibited weapon, and threats.

Her time in prison was a recurring theme over the years, and Raquel became a familiar face within the system since adolescence. For this reason, when it became known that she wanted to change her sex in 2022, many people were surprised. "People don't understand, because there were inmates who already knew her from her life outside and knew that it was never her desire to be a woman," confided a prison source, regarding a story known to many people connected to the prison system.

When the inmates at the Santa Cruz do Bispo Prison in Matosinhos saw the transgender inmate enter the prison, “they were a bit surprised.” But, contrary to what the guards expected, there wasn't much of a disturbance. The repetitive days inside the prison were spent between common activities with the inmates during recreation and nights in her individual cell—since there was no overcrowding in that prison, it wasn't necessary to share the private space. “But putting her in a dormitory, for example, was out of the question.”

Despite having family, Raquel received no visitors, and the only bonds she developed were with other inmates. “There was a time when it was rumored that she had had a sexual relationship with another inmate.” The situation was reported by other women and prompted intervention from the guards on duty, but the women were not caught in the act. “For inmates to have relationships, certain conditions need to be met; it’s not just because they want to,” says a source from the prison staff. Another source from the guards illustrates this situation with the argument that, for that very reason, “a couple cannot serve sentences together.”

This proximity to other inmates forced the guards to suspend Raquel's work shifts in the prison workshops, because that time was used to spend more time with the person "with whom she was in a relationship." He was "a happy man among women," confides a prison guard who had contact with Raquel inside the prison. It is certain that, during all this time, the transgender inmate never maintained the recommended hormonal treatment to complete her gender transition and always rejected the medication. "She only went to appointments two or three times, but then she rejected it, she didn't want to go back because it wasn't what she wanted."

Raquel's only concern was correcting those who addressed her as "he" instead of "she," whether guards, directors, or medical staff. One of the sources connected to the Portuguese prison system, interviewed by Observador, justifies this by saying that there aren't many cases of transgender inmates causing these problems. "We had a transgender girl who never wanted to change her sex organs, but she had a different attitude. She never caused us these kinds of problems. (...) We had another case of a girl who transitioned to male, and when we searched her, she was ashamed of her body. Not because someone else was looking, but because she didn't accept that body."

Currently, as stipulated by the regulation that came into effect in 2022 — when the DGRSP (Directorate-General for Reintegration and Prison Services) was headed by Rómulo Mateus, the prosecutor representing the Public Ministry in the Operation Marquês trial — guards are required to ask transgender inmates whether they prefer to be searched by a man or a woman. Raquel, however, “laughed” and said she wanted to be “searched by a woman, of course.” “I feel she’s making fun of the system,” adds the source interviewed by Observador.

Rómulo Mateus. The "old-school magistrate" who worked in prisons and in Kosovo before leading the Public Prosecutor's Office in the Sócrates case trial.

The aggressive behavior intensified after Raquel expressed her intention to revert to being a man, a gender change that was interrupted by hormonal processes but was legally justified: after all, she had a woman's name on her identity card. Just as when she wanted to transition from male to female, this reversal was not accompanied by an explanation from the inmate, who initially wore some women's clothing in Santa Cruz do Bispo, but quickly stopped doing so.

The last straw came when she assaulted a fellow inmate, leading to her being placed in a "separation cell" for the protection of the rest of the prison population. Then, on October 11th, a prison guard—the prison has a minority of male guards—entered one of the cells and took her belongings, since inmates are not allowed to keep "cleaning supplies" overnight. Following this, Raquel attacked the guard and pushed him against the wall. "She's so strong that she managed to grab the guard and throw him against a wall twice," said a prison source quoted by Correio da Manhã the day after the incident.

Intense pressure from the prison staff led to the inmate's transfer to a prison with better security conditions. “After a lot of pressure from me because he assaulted a fellow inmate, the director-general transferred her. But I immediately said that he shouldn't transfer her there [Tires], I had this conversation. I said: 'Not in Tires, because this will be a serious security problem. This is not under control.' Three weeks later, a cell caught fire…”, recalled Frederico Morais, president of the National Union of Prison Guards. “At this moment, the only prison that suits him is Monsanto. He could even be a woman in Monsanto, because he is in isolation from the rest of the prison population.” But the decision ultimately fell on Tires until this Friday, the day Raquel was finally transferred to the high-security prison of Monsanto, in Lisbon.

But that wasn't the initial decision of the Directorate-General for Reintegration and Prison Services. Raquel was taken back to Tires prison, a transfer that took place about three weeks ago, even against the recommendations of prison guards who pointed to Monsanto as the best option. In the new prison, Raquel (who, meanwhile, had already expressed her intention to revert to being a man) was housed in the 'Mothers' House', a sector with three wings: an admissions area, where inmates stay for about seven days before being integrated with the rest of the prison population; a second wing in the middle, for mothers who are in prison with their children; and, finally, a wing for vulnerable people—older women or those with more fragile health.

Raquel was placed in this admissions area, where she lived a fairly isolated life. "It's an area where inmates, upon arrival at Tires prison, stay for a period of seven days [for evaluation], so we can then determine if we need any special measures or if she can be integrated," a prison source told Observador. Because she was in a more sheltered space, the prison population didn't have much opportunity to react to her arrival.

The DGRSP (Directorate-General for Reintegration and Prison Services) did not confirm this to Observador, but it is believed that they did not want the inmate to have contact with other women, which is why she was left in that space. "Perhaps because of her condition and also because she has not demonstrated the best behavior," another source considers.

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In the new prison facility, Raquel began to exhibit some "anxious" behaviors, again threatening the prison guards—who believe this was due to her continued isolation from the other inmates. In Tires, as in Santa Cruz do Bispo, the inmate received the normal psychological support given to prisoners, but continued without hormone treatment, as two other transgender inmates in Tires also do.

At Casa das Mães, Raquel has spent the last three weeks in complete privacy: recreation time is isolated and the cell has a bathroom, allowing her to take care of her personal hygiene without contact with other inmates. "She can only have verbal contact through the window, because it faces the recreation area," explains a source familiar with the prison.

Prison sources consulted by Observador believe that one of the reasons for the inmate's revolt may be related to her intention to reverse the gender reassignment process; however, some suggest another explanation: the indignation may stem from the fact that Raquel has been isolated from the rest of the prison community for some time. After two hunger strikes, the threats materialized again in the episode last Monday. At 11:40 am, using a lighter, the inmate set fire to the cell's mattress and other belongings, in an act that the guards believe was premeditated.

“He didn’t kill the guards because it just didn’t happen to be the case; he was Machiavellian. The prison windows open inwards. He opened one, went through the window, and stood on a ledge between the bars and the window, closed the window, and was breathing fresh air. My colleagues didn’t see him when they went in and went looking for him, thinking he was burning himself. But he was safe,” denounced Frederico Morais.

The alert reached the Parede Volunteer Firefighters. A team of 12 firefighters was quickly dispatched to combat the flames, which were extinguished in a few minutes. However, the fire left its mark on the five prison guards , who had to be treated and were taken to the hospital, as was Raquel, for "smoke inhalation".

Five prison guards and one inmate injured in fire at Tires women's prison.

Speaking to Observador, the DGRSP (Directorate-General for Reintegration and Prison Services) assured that “all those involved who were treated at the hospital were immediately discharged, and all guards have returned to service.” “The damage is limited to the cell, and the situation is now normalized. As legally required, disciplinary proceedings have been opened against the inmate responsible for the incident.” In any case, according to a union source who spoke to Observador, the guards intend to file a complaint against the inmate and have already begun mobilizing to formally register this protest with the Public Prosecutor's Office.

The media attention surrounding the issue led members of parliament to question Rita Alarcão Júdice about the case during the Justice Minister's hearing in Parliament this Tuesday. “It is a matter that is being analyzed. The truth is that the person in question showed some health concerns and is being treated. We must treat all those we take in with dignity, and this situation is also being addressed by taking care of those who are there. The behavior affects not only the individual themselves, but can also put others at risk,” said the minister.

However, Raquel was refused admission to the Caxias Prison Hospital, the only hospital unit in the Portuguese prison system, whose mission is to provide specialized healthcare to the Portuguese prison population. According to a prison source who spoke to Observador, it was understood that the inmate had all the necessary health conditions to not be in that facility.

Transgender inmate transferred to Monsanto prison after assaulting a guard and setting fire to a cell in a women's prison.

Thus, the transsexual woman began by returning to Tires prison and to the Casa das Mães (Mothers' House), where within a few hours she once again disrupted the normal functioning of the prison. “She flooded the cell. She plugged the holes for the shower, the sink, and the cracks in the doors. She turned on the taps and let the water run.” After that, she “defecated and urinated on the cell floor,” while maintaining that if she is not integrated with other inmates, she will continue this behavior. This Friday, Raquel's new location was revealed: Monsanto prison .

Several prison guards assured Observador that, at this moment, there are five inmates undergoing gender transition in Portuguese prisons, including Raquel — three in Tires and two in Santa Cruz do Bispo. The DGRSP (Directorate-General for Reintegration and Prison Services) states four (without specifying if this inmate is included in this number). In any case, the entity that coordinates prison establishments explains that "the assignment of people to prison establishments takes into consideration, in the past as in the present, their civil identity".

The obligation not to discriminate against people based on their “gender identity” led the Directorate-General to adopt, in 2022, a manual of technical recommendations regarding the “Monitoring and Management of Transgender Persons Deprived of Liberty”. The document, signed by Rómulo Mateus, seeks to ensure “that transgender people have the possibility of presenting themselves and expressing themselves according to the gender with which they identify, and this is taken into account in all decisions, particularly regarding internal placement and monitoring, always guided by the principle of balance between the safety and well-being of the person deprived of liberty”. These considerations always take into account an “assessment of individual risks and needs”.

“In addition to the special care given to welcoming transgender individuals, with the application of the Suicide Prevention Program upon their entry into the prison system, the manual also places particular emphasis on medical assistance, specifically ensuring that any hormonal treatments or physical transformations initiated prior to detention are not interrupted, and on psychological support, as well as aspects related to specific security, privacy, and confidentiality needs, taking into account practical and logistical issues such as search procedures.”

The manual, which Observador had access to, has a specific section dedicated to magazines, in which it is described that this procedure “must always be carried out in a professional and respectful manner, in the least intrusive way possible”, preferably performed by someone “of the same gender with which the transgender person identifies”. “If the sex assigned at birth […] is unknown, this should be asked of the person and/or determined by medical personnel in a clinical setting”.

Still, it is common for guards to ask inmates if they prefer to be searched by a man or a woman. In Raquel's case, she was even searched by women on her upper body and by men on her lower body.

But the path to gender transition is not solely based on the inmates' intentions. First, there are several procedures to follow, corresponding to a "mandatory case assessment," which was completed in this inmate's case. The various steps involve a multidisciplinary team filling out a form (clinical, educational, and surveillance services, with the opinion of the director of the respective prison). Furthermore, the educational, clinical, surveillance, and security services must be informed of the case and the guidelines in the manual, "highlighting the fact that the person has the right to confidentiality regarding their transgender status, or to be addressed by a different name."

The form contains questions such as: “What gender do you identify with?”; “What name do you use (…) and what name would you like to be addressed by?”; “Have you ever legally changed your name?”; “Have you ever undergone any type of Sex Reassignment Surgery (SRS)?”; “Are you taking any medication or undergoing any therapy related to your gender identity?”; “Do you know what it means to be intersex?”; “Where would you like to be housed/where would you feel comfortable and what could be done to increase your comfort/sense of security?”.

Those who followed Raquel's case closely assure that there was medical and psychological support, at least in the initial phase, until the inmate decided to discontinue the treatments. "She didn't want to do anything, she didn't plan the removal or elimination of her sexual organ. She didn't plan anything," denounced Frederico Morais.

The question of whether or not a transgender inmate has male genitalia is a differentiating factor in the United Kingdom, where new rules that came into effect in 2023, during Rishi Sunak's government, stipulated that "transgender women with male reproductive organs cannot be held in women's prisons."

“Security must come first in our prisons and this new policy establishes a clear and common-sense approach to the accommodation of transgender prisoners,” justified Dominic Raab, then Deputy Prime Minister. British legislation goes even further and also prevents transgender women convicted of rape (or very violent crimes) from serving their sentences with other women — in addition to having male genitalia, Raquel has also been convicted of rape.

“With the new sensible measures in place, transgender women who have committed sexual or violent crimes or who have male genitalia will not serve their sentences in women’s prisons unless there is explicit authorization from higher authorities,” the government official added in 2023. Two years ago, more than 90% of transgender women serving sentences in the United Kingdom were in men’s prisons, and most did not request a transfer. At the time, there was no obligation to transfer prisoners according to their preferences. “The Government decided to take this further step as an additional measure to protect women.” Transgender women who cannot be safely housed in a men’s prison may be held in a specialized unit, as advocated by sources linked to the Portuguese prison system.

“What I want is for people to be able to start the process, they stay at the Prison Hospital, a separate ward is provided for them, they remain there until the complete transformation phase, and when they become women they are placed in a women's prison. It's not about starting the process on the citizen's card, changing the name, and the administration placing them in a women's prison. [Miguel] didn't continue the consultations he needs to have, he didn't take the hormones he needs to take, he didn't want to do anything,” Frederico Morais emphasizes.

“They should be allocated according to sex, and only when they have actually changed should they be placed in the correct location,” argues another source interviewed by Observador, who recalls an episode of a woman who was only transferred to a male prison after completing the change of sex organs. “The Portuguese prison system needs to prepare for these cases.”

The issue has also gained some media attention in the United States since Donald Trump returned to the White House. While until this year the rules in force, defined during Joe Biden's presidency, took into account the "gender expression" of inmates, Trump attempted to change the rules.

After deciding that the government only recognized two biological genders, the White House ordered that transgender women should serve their sentences in male prisons. The decision generated much controversy and was ultimately blocked by a judge who deemed the measure "unconstitutional."

In Portugal, Frederico Morais emphasizes that this case is not related to the inmate's transsexuality, but to the "lack of security" and the "stupidity of the general management." The guards are asking the authorities to take action to prevent further cases of violence and complain that the gender reassignment reversal process may be taking longer because it is difficult for the inmate to find a lawyer. "If that is really her intention, to return to being a man, she should go through the process. And that way the matter would be properly resolved," concludes another source linked to the Portuguese prison system.