Transgender Teen Faces 1 Year Sentence After Fighting Off Bullies

TLTR; A 16 year old trans woman defends herself against 3 bullies who have constantly harassed her. Weeks after all 4 students were suspended, local police charge her, and only her, with misdemeanor battery. The Police Department refuses to recognize her as a trangender person so she would not be able to fall under hate crime protections.

When 10th grader Jewlyes Gutierrez, a transgender student, stood up to three bullies at her high school in November, all four students were suspended.

The incident made some local news. Gutierrez, 16, said she had asked an assistant principal at Hercules High School for help with chronic bullying a few days earlier, and gotten none. A school board meeting on December 2 focused on the incident. As the semester wound down, it seemed the story would stay in Hercules, California.

But a few weeks later, Contra Costa County Deputy District Attorney Daniel Cabral charged Gutierrez with misdemeanor battery. The charge came just months after California governor Jerry Brown passed a law enacting transgender student rights, making California the first state to enshrine certain protections to transgender students.

Now, a  petition—“Drop charges against transgender teen defending herself!”—has become one of the fastest growing petitions on, collecting more than 168,000 signatures since January 7.


The alleged battery took place on November 13, 2013. Gutierrez is accused of slapping another student after having gum spat in her face.

On top of the petition, which was created by Gutierrez’s sister, supporters have sent Daniel Cabral more than 50 letters demanding that he dismiss the case. That could happen at a pre-trial conference scheduled for February 5, according to Kaylie Simon, Gutierrez’s attorney.

This is the first time Gutierrez has been charged with a crime. If convicted, Simon says, the maximum time she could face is one year, which might be served at a juvenile hall or a group home. She could also be sentenced to the Orin Allen Youth Rehabilitation Facility, or Byron Boys Ranch, which is a minimum security juvenile detention center. As the name suggests, the facility is for boys.

Jennifer Lopez, a journalist with the magazine  Everything Transgender in NYC, brought to light one part of that injustice. In an  interview with the TransAdvocate, Lopez recounted a conversation she had with Connie Van Putten of the Hercules Police Department.

Van Putten told Lopez “the transgender person is listed as a male on school records, therefore she would refer to the transgender person as a male,” Lopez said.

Because [Gutierrez] is listed as a male, [Van Putten] did not identify [Gutierrez] as a transgender person," Lopez reported. Van Putten then told Lopez that because Gutierrez was listed as male in these records, she “would not be able to fall under hate crime [protections].

Gutierrez still attends Hercules High, along with the other students from the incident.

I feel negative attention and energy around them," Gutierrez said in an interview with the  Bay Area Reporter.

Just because you’re different you’ll get picked on, name-calling, bullied, taunted, harassed, all those,” Gutierrez told NBC Bay Area in December. “I was just sticking up for myself.

TUMBLR, I need your help!!! Those of you aware, a local advocacy group, LITAC, helped me successfully organize a protest against a pub. But now it’s time for meaningful action that will help all transgender people. This is the county right next to New York City, where there are no anti-discrimination protections for trans people. It’s a very populated area with 1.349 million people. We estimated 20 people for our first demonstration — we got over 50. Our original estimate for this one was 100. Since then, we’ve had support from people from multiple states saying they’re going to come down. Even Laverne Cox helped spread the word. I truly believe, with your help, we can get at minimum 250/300. This is only our second demonstration but I think we can do better than local news coverage, only with your help. There’s been a lot of momentum on Long Island. We have politicians speaking at this event but we need the bodies. I think that difference will matter. This may be the road to getting GENDA passed in the greater New York, considering we’re forming a New York Transgender Advocacy Coalition. We’re very grassroots so we need all the help we can get. Please, share this like wildfire so we can make a huge stand. The Facebook event page is here!

The time for trans rights is now.

Watch on

Alyson Stoner who was “the little girl in the pink” in Missy Elliot’s - Work It video is back 13 years later to pay tribute to Missy in this mashup.