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Hermaphrodite inmate plans to sue prison

DENVER, March 1 (UPI) -- A former prison inmate who considers herself a hermaphrodite, says she plans to sue the Colorado Department of Corrections for being forced to live with men.

Jasmine Martinez, born Jose Ruiz, said she was born with both male and female reproductive organs but identifies as female, KUSA-TV, Denver, reported Thursday.

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"My female dominates more than my male," Martinez, 39, said. "I have to sit down [when I go to the bathroom]."

A criminal career starting at age 18 landed Martinez in jail numerous times for various theft and sexual assault charges, but she was placed in both male and female populations based on differing medical opinions about her gender.

Two different medical examinations classified her as woman for separate prison stays in 2010, but in 2011, she was judged to be a man.

"We do medical examinations on inmates whenever there is a question of gender," Jefferson County Sheriff Ted Mink said. "There is an elaborate process, in my opinion, which goes into ensuring we classify the inmate in a proper way."

Martinez said she was sexually assaulted and spit upon while housed with the male prison population.

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"They need to recognize they can't treat people the way they want. We're humans," Martinez said.

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