Criminalization of the Trans* Community

Any type of deviance, or violation of social norms, are considered crimes, and the trans*community commonly interacts with the criminal justice system. A significant portion of the trans* community is currently living in poverty, experiencing homelessness, and facing discrimination in the work place which all increase interactions with the criminal justice system. These factors lead to finding other means to live, the trans* community has a large number of sex workers, one of the only available positions, a number of members of the trans* community are drug abusers or sellers attributed to the lack of societal acceptance and to supplement income. Since prostitution and drug use are in violation of our societies norms both are crimes, this demonstrates how crime linked other social problems.

Transgender offenders encounter significant problems in the criminal justice system including the classification of their gender for incarceration, access to health care and potential stereotyping by legal decision-makers. Courts have typically categorized and placed trans* inmates according to their biological genitalia, unless trans* inmates are post-op they will not be placed according to their gender identity. The U.S. Bureau of Prisons has developed guidelines for handling arrests and incarceration of trans* inmates that is consistent with these decisions. Therefore, biologically male trans* offenders with female gender identity are typically incarcerated in a male facility. Inmates who realize their trans* identity after they are incarcerated would have the same concerns. Trans* inmates may be at risk for abuse by correctional officers and other inmates this increased vulnerability to violence could result in constant fear for trans* inmates or other negative psychological effects. Physical and mental health care while incarcerated could also become serious concerns for trans* inmates. For trans* offenders who were undergoing hormonal therapy or sex reassignment at the time of arrest, the continuation of hormone treatment is important to their welfare and, access to hormonal therapy or surgery can be temporarily or permanently suspended while incarcerated. People working in the criminal justice system such as judges, juries, police and corrections officers may also have misconceptions and prejudice against trans* individuals, such as the false notion that all trans* inmates are homosexuals or malingerers.

To make changes critical research needs to be done, are transgender individuals treated differently than others for the same crime? Interviews within in the criminal justice system would be helpful in determining where misconceptions lie and what kinds of discrimination trans* people face. Do the verdicts and sentences given to trans* cases exceeding what is typical are the verdicts and sentences different? Do juries play a role and are verdicts and sentences different based upon whether to individual is out?

Transforming Justice, a group in New York City, aims to have a national conversation about issues facing trans* prisoners. A recent conference gathered former prisoners, activists, attorneys, and community members to develop national priorities towards ending the criminalization and imprisonment of trans* communities. Transforming justice is committed to ending the abuse and discrimination against trans* people in all aspects of society, with the long-term goal of ending the prison industrial complex. Now they are on the right track.

*denotes transgender, transsexual and gender non-conforming

Hate Crime

Hate crimes, crimes motivated by racial, sexual, or other prejudice, typically involving violence, have been increasing. There was a 13% increase from 2009 to 2010 in violent crimes committed against people because of their perceived or actual sexual orientation, gender identity or status as HIV positive, according to the National Coalition of Anti-Violence Programs. Of those killed, 70% were minorities and 44% were transgender women. Statistics for hate crimes against the trans*community nation wide are not available since the FBI records national hate crime statistics but just homosexual males and females are included. Hate crimes against the trans* community are becoming more public with news coverage, In 2009, was the first time in the nation that a state hate crime statute resulted in a conviction in a transgender person's murder, the advocacy group Gay & Lesbian Alliance Against Defamation reported. Hopefully with more advocacy and education around trans* issues more convictions like these will occur and a declining amount of hate crimes.

* denotes transgender, transsexual and gender non-conforming

In the Schools

       More than half of the trans*community experiences being bullied, harassed, and assaulted in public and private schools according to the National Transgender Discrimination Survey. Currently we hear a lot about bullying in schools with the recent high amount of news coverage on the subject. Suicides have been sweeping the nation, Among the trans* community, those who had been bullied, harassed or assaulted while they were in school half reported having attempted suicide. The national average of attempted suicide among the trans* community is forty one percent. These shocking numbers speak to the urgency of ending bullying in our schools. 

A concept that needs to be highlighted in this is heteronormativity, Heteronormativity is term used to describe a set of lifestyle norms that people fall into distinct and complementary genders (man and woman) with natural roles in life. It also holds that heterosexuality is the normal sexual orientation, and states that sexual and marital relations are most (or only) fitting between a man and a woman. A heteronormative view is one that involves alignment of biological sex, sexuality, gender identity, and gender roles. A project in the UK called The No Outsiders project, promoted teachers to teach lesbian, gay, bisexual, and transgender (LGBT) inequalities in their classroom, showing kids that people fall outside of the heteronormative. The No Outsiders project believes purposefully promoting the equality of LGBT community as part of a broader whole school ethos that celebrates diversity and challenges inequities of all kinds. The project provides books like The King and King, a fairytale where a king falls in love with another king instead of a queen; these books hopefully are showing children the acceptance of a diversity of sexualities and alternative family structures. The U.S. could really use similar programs if we taught our children to accept others who fall within or outside of heteronormative we could possibly reduce the high bullying rate within schools. We could reduce the discrimination against the LGBT community, gender, and gender expression. Our society needs to see outside of the heteronormative box to make some serious social changes.

* denotes transgender, transsexual and gender non-conforming