LGBTQ Harassment, Discrimination, Violence and Public Safety

Members of the LGBTQ community face unique challenges in the public sphere. Chief among these challenges is dealing with discrimination in the form of violence, physical or emotional harassment, and police discrimination. LGBTQ individuals routinely report incidents of harassment based on sexual or gender identity and orientation at vastly higher rates than the general populace. Many believe that public officials, like the police, are less likely to respond and take action when witnessing incidents of harassment or assault against LGBTQ individuals.

Underreporting

At the outset, many members of the LGBTQ underreport incidents of harassment, either out of embarrassment, or a belief that their concerns might be ignored or undervalued by the authorities. This underreporting tends to create a belief, both in society at large and in the LGBTQ community, that such incidents are less common than they actually are. The National Coalition of Anti-Violence Programs (NCAVP) releases annual reports documenting violence against LGBTQ and HIV-affected individuals throughout the United States. This report suggests that, each year, there are, at least, over 1,000 documented incidents of serious violence against LGBTQ or HIV-affected individuals. The NCAVP believes that the actual number of such incidents is likely significantly higher, due chiefly to non-reporting of violence by LGBTQ communities. In 2014, for example, there were at least 20 homicides committed against LGBTQ or HIV-affected individuals. The NCAVP’s findings show that a disproportionate number of victims of homicide and other violence are people of color, transgender women, transgender people of color, and gay men. Shockingly, LGBTQ and HIV-affected individuals of any race or income level were found to be 2.2 times more likely than the general population to experience physical violence. LGBTQ and HIV-affected youths were at least 2.5 times more likely to be injured than their peers due to hate violence.

Students

Violence against LGBTQ individuals uniquely impacts LGBTQ students. According to the Youth Risk Behavior Survey (YRBS), a study conducted by the Centers for Disease Control and Prevention, 1/3 of all LGBTQ students reported that they had been bullied on school property. 1/4 of all LGBTQ students reported that, those who went on a date with someone in the past year, had also experienced sexual dating violence within the past year. Almost 20% of all LGBTQ students reported that they had experienced physical dating violence. A similar number of LGBTQ individuals reported that they had been forced to have sexual intercourse at some point. Perhaps as a result of these factors, suicide rates among LGBTQ students and youth are astoundingly high when compared to heterosexual peers. Nearly one-third of all LGBTQ youths had attempted suicide at least once within the past year of the YRBS, when compared to approximately 6% of their heterosexual peers.

Violence against students has lasting effects on their education and health. According to the YRBS, LGBTQ students were almost three times more likely to not go to school for at least one day in any thirty-day period when compared to their heterosexual peers. Moreover, these students reported that the reason they chose not to go to school was due to a fear of violence on campus. Absenteeism in schools has been linked to lower graduation rates, which, in turn, is linked to poverty and poorer professional outcomes. This strongly suggests that LGBTQ-inspired violence and fear on campus can have direct impacts on student’s lifelong earnings and careers.

LGBTQ individuals that believe that have been harassed should feel empowered to report these incidents of harassment to the relevant authorities. Common examples include reporting such incidents to campus police at a university, to a superior or HR personnel at a job, or, if warranted, to the police. Any incident of violence or threatened violence against you should likewise be immediately reported to the police.

Police Reports

Many individuals worry that a police report will automatically start a criminal investigation into the incident (and therefore are reluctant to get the police “involved” if the violence stems from a domestic dispute). In reality, however, this is rarely the case if the victim of the episode chooses to not pursue criminal charges. A police report does, importantly, create an opportunity for an objective, third-party source to document the incident, and to offer avenues for psychological or physical healing. If the injury or abuse continues, having a consistent trail of police-documented incidents will vastly improve your or any victim’s changes of justice and economic recovery for injuries suffered. Regardless of your sexual or gender orientation, it is your right as a victim of abuse to insist that the police generate a report outlining your side of the story and injuries (if any).

Addressing Violence

The problem of violence against LGBTQ individuals is one that must be addressed in a holistic fashion. Schools, for example, have a tremendous opportunity to implement policies, procedures, and activities that promote a healthy environment for all students, including LGTBQ individuals. For example, schools can create “safe spaces” such as designated classrooms or officers where LGBTQ individuals can receive dedicated support from teachers, counselors, or other staff. Schools can promote student-organized clubs that, similarly, promote safe spaces for LGBTQ individuals and promote diversity and inclusion. Schools can similarly offer training to teachers and administrators in how to identify LGBTQ-motivated violence and discrimination, and on how to counsel students impacted by such violence.

Workplaces can, and should, adopt similar policies. Indeed, a growing number of LGTBQ advocacy and sensitivity groups have recently emerged that attempt to create safe and inclusive environments in any workplace. On the public policy front, attempts should be made by police departments and public safety organizations to employ LGBTQ individuals who can more easily interface with and understand LGBTQ issues. Many cities have already appointed police officers or departments that are specifically tasked with investigating LGBTQ-related crimes.

If you or a loved one believe you have been the victim of an LGBTQ-related hate crime, or are being discriminated against due to your gender or sexual orientation, immediate action is required. Often the counsel of a skilled attorney experienced in LGTBQ violence and related issues is required to achieve full justice and fight for y