Have more U.S. senators been arrested for sexual misconduct in bathrooms than trans women?

Question

I just saw this in my Facebook feed, and now I'm curious if it's actually true. Do they actually keep records of this? It seems improbable, just because there are so many more trans women than senators, but it would be funny if true.

What trans women do in the bathroom

More United States Senators have been arrested for sexual misconduct in bathrooms than trans women.

I think this is the incident referred to: https://en.wikipedia.org/wiki/Larry_Craig_scandal — Andrew Grimm, Jan 23 '16 at 10:41
This question isn't a duplicate but the answer contains relevant material: [Do predators assault women in female toilets pretending to be transgender?](http://skeptics.stackexchange.com/questions/31045/do-predators-assault-women-in-female-toilets-pretending-to-be-transgender) — user56reinstatemonica8, Jan 23 '16 at 19:36
Would it even be **legal** for justice system/law enforcement to (1) collect and (2) publicly release sexual orientation or trans status of people arrested for sexual misconduct? If not, then this question seems impossible to answer. — user5341, Jan 24 '16 at 14:46
It should be possible to get a number how many women were arrested for sexual misconduct in a bathroom, and there should be an estimate what percentage of women are transsexual. Maybe someone knows this: If a woman was arrested, for any reason, would the police regularly find out that she is transsexual? — gnasher729, Jan 25 '16 at 22:09
@user5341: you seem to think that sexual orientation has something to do with this question? Please be aware that one's gender identity, whether one feels that one is a man, or a woman, or somewhere in between, is independent of whom one is attracted to sexually. — aqn, Mar 31 '16 at 00:37
@gnasher729: if a transgender has had his or her name and gender formally and legally changed AND has had gender confirming surgery, it'd be unlikely that the police would know that the person is transgender. — aqn, Mar 31 '16 at 00:42
It's probably also worth noting that the claim itself is a straw man argument. At least from what I've heard from advocates of the "bathroom laws" to which this is responding, the primary argument against them stems not so much from concerns over people who are actually consider themselves to be 'trans' as over men 'identifying' themselves as women in order to commit sexual offenses (such as covert photography of women in stalls) in women's bathrooms. — reirab, May 01 '16 at 21:53
And, for the record, such incidents have been reported from time to time. [Example](http://www.fredericksburg.com/news/crime_courts/fredericksburg-man-charged-in-peeping-incidents-in-woodbridge/article_f89f0a99-c664-55a7-8f29-77e535b2a186.html) [Example](http://www.nbclosangeles.com/news/local/Secret-Recording-Store-Mall-Antelope-Valley-Palmdale-Restroom-207541101.html). — reirab, May 01 '16 at 21:55

DavePhD · Accepted Answer · 2016-02-02T18:40:52.417

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According to "Stamford transgender person charged with sexually assaulting minor" Stamford Advocate June 8, 2011:

A city transgender person was arrested early Wednesday morning after police say she sexually assaulted a teenage boy at Stamford Town Center in April.

Isaiah Johnson, 20, of 202 Ursula Place, was charged with second-degree sexual assault and is being held in lieu of $25,000 bond.

Youth Bureau Sgt. Dedrich Hohn said Johnson, who is known to patrol officers in the South End, was picked up at 2 a.m. Wednesday on Atlantic Street near Veterans Park, where she met with the youth before the April 26 incident. Hohn said the patrol division was alerted to Johnson's arrest warrant Monday night. The victim is a student with special needs, Hohn said.

Hohn said after meeting the youth just after 7 p.m. at Veterans Park on that April night, Johnson allegedly lured him into a men's room at Stamford Town Center.

The assault occurred in the men's room, Hohn said. Police secured videotape of the two going into the bathroom.

Hohn did not provide details on what allegedly occurred in the bathroom. Second-degree sexual assault involves sexual intercourse between someone 13 to 15 years old and another person more than two years older

Senator Craig on the other hand plead guilty to "disorderly conduct", which is not a sexual offense. He allegedly extended his foot and part of his hand into an adjacent stall when using the restroom. But even if you consider what Senator Craig did "sexual misconduct", the statement in the OP is still false.

Edit: some have expressed interest particularly in women's bathrooms even though the OP is generic as to men's/women's/family etc. No senator has been arrested in a women's bathroom; however:

From the Brooklyn Daily Eagle 28 January 1929, page 22:

Stephen Wiszak, 24, of 312 E. 12th St., Manhattan, was arrested last night on a charge of felonious assault at 101 Allen St., Manhattan, where he had been pursued by a crowd. Garbed as a woman, wearing an expensive seal coat, Wiszak is alleged to have beaten an unidentified woman with a revolver In the women's rest room of the Rivington st. station. of the 2d ave. elevated rd. Detectives Schneider and Sargeant Brough of the 5th st. station, who captured Wiszak, questioned him In connection with the murder of Mrs. E. Weigand, whose body was found in the washroom of the City Hall station of the B. M. T. on Aug. 5, 1927. A woman told John Dougherty, change agent on the northbound platform of the Rivington st. station, that a man dressed as a woman had followed her that into the washroom, bolted the door behind him, tightened a scarf about her heck and when she struggled beat her on the head with a revolver. She struggled so desperately, she told Dougherty, that her assailant released her and fled. Dougherty believed from the woman's actions that she was intoxicated. Going to the street, her appearance attracted a crowd, to which she related the occurrence. When Wiszak appeared on the street the crowd gave chase. Wiszak took refuge in the Allen st. house, where he was captured.

There is another account of the story in the Reading Times 29 January 1929, page 7:

...She had told John Dougherty, ticket agent on the northbound platform, how a "woman" in the washroom had choked her with her own scarf, and beaten her over the head with a revolver barrel. She said her insistent struggles finally won her freedom. Dougherty thought she was drunk. The victim went to the streets and a crowd heard her story. Wiszak came down the stairs and the crowd pursued him - into a hallway. There detectives arrested him. The woman whose story led to the chase had meanwhile vanished. Wiszak, who fought under the name of Young Eddie, was painted and powdered and wore a sealskin coat, black silk turban, blue flowered dress, flesh colored stockings and tan pumps. He said he had no occupation.

edited Feb 02 '16 at 18:40

answered Feb 01 '16 at 17:46

DavePhD

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While this does fit the exact wording of the claim, I can't help feeling that the idea they were getting at was of strangers being harassed while using a toilet (particularly, in women's toilets), and not of initiating illegally under-age liasons outside a toilet which are then completed inside a men's toilet – user56reinstatemonica8 Feb 01 '16 at 21:58
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@user568458 According to NBC, 3 trans persons forced the special needs child into the bathroom, where the sexual assault occurred. http://www.nbcconnecticut.com/news/local/Teen-Coerced-Into-Food-Court-Bathroom-for-Sex-Cops-123472564.html The idea the post is getting at is that a man (Senator Craig) allegedly attempting to flirt with another man in the bathroom is worse than what any trans person has ever been arrested for allegedly doing in a bathroom. – DavePhD Feb 01 '16 at 22:16
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Do we know if there was a conviction, or just an allegation? – Oddthinking Feb 01 '16 at 22:49
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If I understand the alleged situation correctly, it would not have been affected by a law that prevented a transgender woman from entering the women's toilets. (Still answers the question though.) – Oddthinking Feb 01 '16 at 22:53
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@Oddthinking Isaiah Johnson is a non-compliant sex offender who is required to register as a sex offender. He was convicted 11/22/2011 and released 08/22/2014. Persons knowing his/her whereabouts are asked to contact the state of Connecticut. http://www.icrimewatch.net/offenderdetails.php?OfndrID=1581857&AgencyID=54567 – DavePhD Feb 01 '16 at 23:03
@DavePhD Craig was actually arrested _in the bathroom_ which neither of your examples were. Also the second one sounds like it could be an attempted robbery, but IDK how they reported attempted sexual assault in the 20s – dtanders Feb 03 '16 at 21:25
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Furthermore, both of DavePhD's accounts were: 1. from over 85 years ago, and 2. none of the perps were "transgender". Yes, I know "transgender" did not exist back then, which fact renders accounts are invalid and irrelevant. – aqn Mar 31 '16 at 01:02
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@aqn Perhaps you missed the first one which _was_ transgender and was in 2011? – reirab May 01 '16 at 21:37
I don't think what they plead guilty to, or were convicted of, is strictly relevant, is it? The question is about what they were arrested for. Craig was arrested for [lewd conduct](https://legaldictionary.net/lewd-acts/), but later plead guilty to a lesser charge. As such, Craig's case would definitely count. – femtoRgon Feb 24 '17 at 19:31
@femtoRgon Not quite. The police report says "Craig was photographed, fingerprinted, and released pending a formal complaint for Interference with Privacy (MSS 609.746.) and Disorderly Conduct (609.72)". Then he plead guilty to just the second charge. In Minnesota there are 5 degrees of criminal sexual conduct, with the 5th degree sometimes referred to a lewd conduct, but he wasn't arrest for that, just MSS 609.746 and 609.72. – DavePhD Feb 24 '17 at 21:58
I see what you mean. MSS 609.746 sub 1(c) deals specifically with "peeping". It's a charge I suspect most people would identify as sexual misconduct in common parlance, but does not fall within the umbrella of Criminal Sexual Conduct. In that sense, neither acting as nor soliciting a prostitute counts as sexual misconduct? Also, I find it surprising that the offenses detailed in MSS 609.3451, such as non-consensual removal of clothing and touching of intimate parts, or masturbating in the presence of a minor, is referred to as "lewd behavior", rather than as a rather serious sexual assault. – femtoRgon Feb 24 '17 at 23:11
@femtoRgon there's also 617.23 which includes other types of lewd behavior. – DavePhD Feb 24 '17 at 23:34
That wouldn't fall under fifth degree criminal sexual conduct though, would it? MSS 617.23 - 617.75 appear to describe Obscenity laws (which would make more sense to me, for being described as lewd conduct). – femtoRgon Feb 25 '17 at 00:07
@femtoRgon 5th degree is just what you said, 609.3451 – DavePhD Feb 25 '17 at 01:50
Even if DavePhD is drawing from cases not necessarily directly relevant to the issue being discussed, because of history/age of incident, the claim being made is not a true claim. I'd certainly take issue with his spin about the claims against Craig, because what he was doing and was accused of doing was trying to solicit sex, but he is right that the claim being made is flat-out false. – PoloHoleSet Feb 27 '17 at 14:55
@PoloHoleSet If a man sees another man in the bathroom and says "do you want to have sex?", that's soliciting sex, but I don't think that's illegal currently in Minnesota. If they actual have sex in the bathroom, maybe (hopefully) that's illegal. Probably would fall under 617.23 https://www.revisor.mn.gov/statutes/?id=617.23 if they actually had sex in the bathroom. – DavePhD Feb 27 '17 at 15:49
@DavePhD - I believe it is illegal to solicit for sex or a "lewd act" in a public place, which a public restroom is. Which is why he was charged, AND PLED GUILTY TO misdemeanor disorderly conduct. If he just had his feet or hand somewhere, it would not have been considered a solicitation or any kind of crime. Call it what it was. The fact that he pled guilty to a lesser charge doesn't mean that it was not based on sexual behavior. – PoloHoleSet Feb 27 '17 at 19:06
@PoloHoleSet I don't understand which meaning of "solicit" you are intending. Offering to sell sex in public is illegal (MSS 609.324). Just offering sex without involving money is ok as far as I know. The police report expressed an intention to charge him with MSS 609.746 and 609.72, and he pled guilty only to 609.72. In other words, he was arrested for looking in at the cop through a gap in the stall (before entering an adjacent stall), and for disorderly conduct, and just pled guilty to disorderly conduct. – DavePhD Feb 27 '17 at 19:19
@DavePhD - the part you don't understand I already explained - "IN A PUBLIC PLACE." – PoloHoleSet Feb 27 '17 at 19:20
@PoloHoleSet Which Minnesota statute is that? Are you saying the asking can't be in public or the sex can't be in public? Can I ask my gf in public, "do you want to have sex when we get home?". – DavePhD Feb 27 '17 at 19:23
@DavePhD - yes, you can. The solicitation was for sexual activity in the restroom, itself. – PoloHoleSet Feb 27 '17 at 19:24
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@PoloHoleSet Is it illegal to ask my girlfriend "would you like to have sex right here on the lakeshore in front of all these people"? or is it only illegal if we actually do it? – DavePhD Feb 27 '17 at 19:29
@DavePhD - seeing as how Larry Craig has the conviction on his record, and, again, pled guilty, what do you think? Is it possible to plead guilty and be convicted of a non-crime and have a criminal record for it? – PoloHoleSet Feb 27 '17 at 19:32
@DavePhD He was arrested for looking into the stall and disorderly conduct. He was not arrested for soliciting, which is only illegal if sex is being sold. He was not arrested for public sex, because that didn't occur. He wasn't arrested for attempted public sex, because there is no law against merely asking. He pled guilty to disorderly conduit. He was guilty of disorderly conduct. – DavePhD Feb 27 '17 at 19:39
You addressed one senator's activities, but the original image doesn't refer to him alone. Do you have proof that no other united state senator has been arrested for misconduct in a bathroom? It seems likely to me that in all the history of the United States there has been at least one such arrest. It is hard to prove a negative sure, but you can't use proof of a single misconduct by transgendered women as proof that there is more misconduct by transgendered unless you conclusively prove that there is less misconduct by all senators, not just one. – dsollen Feb 28 '17 at 18:36
@dsollen I can't give absolute proof, but there are lists like this https://en.wikipedia.org/wiki/List_of_American_federal_politicians_convicted_of_crimes. The closest I see was Jon Hinson, but he was a Representative not a Senator: he was charged with "performing oral sex on a male employee of the Library of Congress in a restroom of the House of Representatives." – DavePhD Feb 28 '17 at 19:17
Examples are not statistics. – arp Jan 28 '20 at 01:02

score 7 · Answer 2 · answered Jan 31 '16 at 07:07

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Over the past 15 years there is one documented incident involving a US Senator being arrested for sexual misconduct in a bathroom.

Another source responded to this or a similar meme here "Spokespeople from the Transgender Law Center, the Human Rights Campaign and the American Civil Liberties Union told Mic that no statistical evidence of violence exists to warrant this legislation. Vincent Villano, the director of communications for the National Center for Transgender Equality, told Mic in an email that there isn't any firm data to corroborate these lawmakers' claims, and that NCTE has "not heard of a single instance of a transgender person harassing a non-transgender person in a public restroom. Those who claim otherwise have no evidence that this is true and use this notion to prey on the public's stereotypes and fears about transgender people."

answered Jan 31 '16 at 07:07

EskimoPam

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http://patch.com/connecticut/stamford/stamford-transvestite-arrested-for-sexually-assaultin97e95e3e5e – DavePhD Jan 31 '16 at 17:11
Well that is unfortunate. This didn't start in the bathroom, although a bad situation. I think the memes are trying to tell us that simply being in a bathroom with a transgender person. But I see your point and you found something maybe they did not. Thank you. – EskimoPam Feb 01 '16 at 01:20
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@DavePhD. A *transvestite* is distinctly different to a *transgender person*. – TRiG Feb 01 '16 at 14:16
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@TRiG Wikipedia says some "transgender" definitions include transvestites, while other definitions don't. I don't think an arresting officer or anyone other than the person themself would be able to determine the difference, transgender vs. transvestite. I guess it's just a matter of self identification short of a psychological study. – DavePhD Feb 01 '16 at 15:19
@DavePhD: your cited story is invalid: the restroom in question was a men's room. http://www.stamfordadvocate.com/news/article/Stamford-transgender-person-charged-with-sexually-1414876.php Furthermore, Johnson was "known to patrol officers". Still furthermore, what Johnson did was already illegal, a felony at that, with or without any "bathroom law". – aqn Mar 31 '16 at 01:05
The story about Isaiah Johnson was from 2011. Even today, the differences between a "transgender person" and a "transvestite" is not common knowledge. – aqn Mar 31 '16 at 01:08
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@aqn the OP merely says "bathrooms", not any subset of bathrooms such as so-called men's rooms, women's rooms, family restrooms, unisex restrooms, or unlabeled restrooms. Obviously the OP means to include men's rooms, as that is where Senator Craig was arrested. I wasn't trying to express any opinion about any bathroom law. – DavePhD Mar 31 '16 at 08:35

Have more U.S. senators been arrested for sexual misconduct in bathrooms than trans women?

2 Answers2