Just as the censorious Hays Code from the 1930s to ’60s still defines aspects of modern media, past criminalization of LGBTQ+ identities has created an environment where discrimination and harassment are common.
“The history of criminalization and related tensions between law enforcement and LGBTQ communities have legacies that extend to the present day,” the report acknowledges. The authors also note the new waves of anti-trans laws, pointing to the fact that “Recent years have seen a rise in anti-LGBTQ legislation, with many of these new laws imposing criminal penalties.”
The analysis of survey data revealed that as well as being more likely to be stopped, searched, arrested, and held in custody, LGBTQ+ people were also more likely to report verbal, physical, and sexual harassment and assault at the hands of law enforcement.
The study’s lead author, Joshua Arrayales, a law fellow at the Williams Institute, released a statement noting that all of this meant that LGBTQ+ people were less likely to report crimes, and that affects future data.
“Reporting crimes is essential for accurate crime statistics, proper allocation of crime prevention resources, and support services that address the unique needs of LGBTQ survivors,” Arrayales said.
As previous data already suggested that LGBTQ+ people are more likely to be crime victims, this research supports the idea that many crimes against queer people go unreported.
While LGBTQ+ people are more likely to be stopped by police, face harassment, and avoid contacting law enforcement as a result, the statistical differences grow for specific groups. People who are part of other marginalized groups reported higher incidence rates; one study showed that 46% of trans people said they’d avoid contacting the police if they were the victim of a crime.
The study also found that these interactions often had a lasting impact. A “growing body of research” suggests that there are “associations between police violence and harassment and binge drinking, stress, depression, and other negative health outcomes.”
The Williams Institute study also provides action items for improving the current situation: “(1) legal and policy reform, (2) enhanced accountability and representation within law enforcement agencies, (3) community engagement and support, and (4) continuous data collection and evaluation of these initiatives.”
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