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Crime

Transgender woman to continue serving sentence for sexual assault in juvenile facility with other girls

Some of the career appointed Los Angeles County prosecutors were furious that Hannah Tubbs, who identifies as female, would be housed alongside other juvenile female prisoners, despite the more liberal position of their boss.

January 31, 2022 4:00pm

Updated: January 31, 2022 4:00pm

A 26-year-old transgender woman will serve her sentence for sexually assaulting a young girl at a youth treatment facility because Los Angeles County District Attorney George Gascon refused to move the case out of juvenile court, citing the fact the defendant committed the offense at the age of 17.

Some of the career appointed Los Angeles County prosecutors were furious that Hannah Tubbs, who identifies as female, would be housed alongside other juvenile female prisoners, even if isolated. 

“You have a violent sexual predator sentenced to two years in a juvenile facility,” said Deputy District Attorney Shea Sanna after the hearing. “It doesn’t change the fact that the public is safer, but we just preferred Tubbs to be with other adults and not prey on others.”

Tubb was 17 years old and had not yet transitioned when she pulled a 10-year-old girl into the stall of a southern California restaurant’s bathroom and put her hand down her pants. She fled but was eventually arrested in Idaho for an unrelated crime in 2019.

Tubbs pleaded guilty to sexually assaulting the girl in November, but the DA’s office charged her as a minor. Gascon, who is an elected official, unlike the deputies raising concerns about the sentence, previously pledged not to charge juveniles as adults. He cited studies adolescent brains are not fully developed and claiming young offenders can be rehabilitated, a position that has come under fire from law enforcement, victims rights groups, and advocates for child abuse prevention.

During the sentencing hearing last Thursday, Judge Mario Barrera reiterated that he was limited to sentencing Tubbs to two years because the Gascon’s office did not file a request to transfer the case to adult court.

He also disagreed with prosecutors who argued Tubbs should stay in adult prison, where she is currently held, citing state law.

Los Angeles County Supervisor Kathryn Barger defended Barrera as she expressed her disappointment in the decision.

“Judge Barrera’s hands were tied today — due to the fact that the DA’s office failed to file a motion to transfer Tubbs to adult criminal court, which is where she rightly belongs. Instead, we’re left with a 26-year-old individual sentenced to two years in a juvenile facility in isolation, separated by sight and sound from the other juveniles,” Barger said in a statement.

Jonathan Hatami, a deputy district attorney with the Complex Child Abuse Unit, called out Gascon for putting his politics before public safety, citing evidence presented during proceedings that Tubbs had sexually assault other young girls in the past. 

“The victims will get no justice. The public will get no safety. George Gascón has sacrificed the safety of the public, the rights of the victim, and justice in order to follow his own political ideology. It’s an injustice against all of us, especially the young victims.”