Hannah Tubbs, 26 years of age, is a biological male who who was convicted for at the age of 17 sexually assaulting a child. Tubbs was not tried or convicted while a juvenile, but has been sentenced to serve two years in a juvenile detention facility.
Tubbs will not be required to register a sex-offender because the offense was committed while Tubbs was under age. Tubbs did not begin a gender transition from male to female until after being taken into custody on charges of child molestation, according to the American Conservative.
At the age of 17 years old in 2014, Tubbs assaulted a 10-year-old girl in the bathroom of a Denny's restaurant in Palmdale California, north of the greater Los Angeles area. Tubbs was not charged with the crime, however, until 2021. Tubbs admitted to committing the sexual assault, according to the LA Times.
Inexplicably, prosecutors never filed to have Tubbs tried as an adult, even though in most cases and in most jurisdictions, this would be de rigueur for such a serious crime with the defendant so close to the age of majority. Additionally, Tubbs, at age 26, is not a minor.
Judge Mario Barrera claims that he wished he could have done more to keep Tubbs off of the streets, but that he was "extremely limited" in his options, due to the decision by District Attorney George Gascon not to try Tubbs as an adult.
"I want to be clear," Superior Court Judge Mario Barrera said at a hearing Thursday in a Lancaster courtroom. "The filing of a transfer motion is entirely within the discretion of the district attorney."
Gascon has previously "argued that the brains of juveniles aren’t fully developed and that the proper setting to rehabilitate people who commit crimes while underage is a juvenile treatment facility," writes the LA Times.
The LA County Probation department, upon hearing of the sentencing of a 24-year-old biological male who has been convicted of molesting a child to two years in a juvenile detention facility, asked the judge to alter that sentence so that the child molester serves time in an adult facility such as the county jail.
But Barrera denied the request, saying that "the state Legislature had limited a judge’s authority to transfer someone who committed a crime as a juvenile to adult custody, even if the offender was no longer underage at the time of his or her detention," according to the LA Times.
Barrera ordered Tubbs to be housed in either the Barry J. Nidorf Juvenile Hall in Sylmar or the Dorothy Kirby Center in Commerce. The prosecutor was also opposed to the location of the sentence, saying that "You have a violent child sexual predator who’s been sentenced to two years in a juvenile facility."
"As a prosecutor," he said, "I’m not here to protect child molesters."
This was far from being Tubbs's only encounter with the legal system. Tubbs has also been arrested over the years for battery and drug possession, and then for violations of the terms of probation in Idaho and Washington, and then later convicted of assault with a deadly weapon in Kern County in central California.
Tubbs was also arrest for sexually assaulting a minor, but that case was dropped.
This case is especially controversial, but there have been more than one instance of biological males placed in female prisons recently. In fact, in California, where such occurrences are most common, a group of (biologically) females have banded together and sued the state in order to prevent it from continuing to happen.
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