A36: In all cases, female and male athletes have a right to privacy and must be provided with safe, private places to change clothes and shower. Neither male nor female athletes should be asked or required to share hotel rooms or other overnight accommodations (such as bedrooms in private homes) with members of the other sex, regardless of how those people identify. Females have not abandoned their legal right to privacy from males. Separating women and men in locker rooms is a nearly universal phenomenon, a custom that female athletes have come to expect and rely upon. Women are vulnerable when undressing. Criminal laws have protected women from male voyeurism for hundreds of years. Because women know that men are far more likely than women to commit sexual assault, the presence of males can be inherently threatening, even traumatic, to women as they are undressing or showering.1
Naked men also make women vulnerable; exposing male genitalia is typically a criminal act of indecent exposure or flashing.2
1 Statistics on male violence against women remain stubbornly high. According to the FBI, Males are responsible for 97% of murder and non-negligent manslaughter, 96.8% of rapes, 96% of pedophilia cases. See “FBI Crime in the United States 2018.” According to RAINN, 9 out of every 10 victims of rape are female.
2 Most males who identify as transgender do not undergo surgery to remove their penis and testicles. According to three recent studies, only between four and sixteen percent of transgender people undergo genital surgery. Annys Sinn, six key takeaways from the Post-KFF survey of transgender Americans, Washington Post, March 23, 2023; Ian T. Nolan, Christopher J. Kuhner and Geolani W. Dy, “Demographic and Temporal Trends in Transgender Identities and Gender Affirming Surgery,” Translational Andrology and Urology, June 2019, pp. 184-190.