LGBTQ people in prison
, gay, bisexual, transgender and queer people in prison face difficulties which non-LGBTQ prisoners and non-incarcerated LGBTQ people do not. LGBTQ prisoners have been identified as having an increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.
One US-based human rights organization, Just Detention International, describes LGBTQ inmates as "among the most vulnerable in the prison population." In California prisons, two-thirds of LGBTQ people report that they were assaulted while incarcerated. The vulnerability of LGBTQ prisoners has led some prisons to separate them from other prisoners, while in others they are housed with the general population.
Historically, LGBTQ people in the United States have been socially and economically vulnerable due to their queer status. Policy, policing and the criminal justice system have historically perpetrated violence upon marginalized populations, like the queer community. This along with criminalizing same sex behaviors have created a disproportionate population of LGBTQ people in US-based prisons.
Rates of imprisonment
Rates of Imprisonment in the United States
In the United States, LGBTQ individuals are incarcerated at a higher rate than the general population. An analysis of data collected between 2011 and 2012 found that same-sex attracted adults were incarcerated at a rate of 1,882 per 100,000, more than triple the national average, with the discrepancy largely driven by a large overrepresentation of lesbian and bisexual women.This overrepresentation of LGBTQ people in incarceration is part of the broader trend of LGBTQ overrepresentation in all stages of the criminal justice system. LGBT offenders have been little studied, so the causes of the discrepancy are poorly understood. LGBT people are more likely to live in poverty, which may contribute to the higher rate of criminal offending.
Lesbians and bisexual women
Lesbian and bisexual women are overrepresented in incarceration. The rate of lesbian or bisexual identification among incarcerated women in the U.S. is around 8 to 10 times higher than the national baseline. Similar patterns have been observed among Australian prisoners.Two conceptual frameworks are used to understand the over-representation of sexual minority women in prison: that women become bisexual or lesbian in prison, and that sexual minority women are more likely to go to prison in the first place. Supporting the first framework, some incarcerated women identify as "gate gays," meaning that they are gay while inside the prison's gates, but return to a straight identity upon release. However, the majority of women who have sex with women in prison engaged in same-sex sexual activity before incarceration. In one survey of female prisoners in Queensland, just 25% of those who had a same-sex sexual relationship while in prison said it was their first time with another woman.
Gay and bisexual men
The rate of gay and bisexual men in the prison and jail population in the U.S. is close to the national rate.Transgender incarceration
Compared to sexual orientation, less data is available about transgender people in the criminal justice system.In 2011, the National Transgender Discrimination Survey found that 35% of black transgender Americans believe that they have been incarcerated simply due to perceived anti-trans bias, compared to 4% of white transgender respondents. Black transgender people had higher rates of experiences of incarceration in general. It also found that black trans women were sexually assaulted in jail at a rate of 38%, compared to 12% of white trans women prisoners. As of 2015, the National Center for Transgender Equality estimated that one in six transgender individuals in the United States has been incarcerated in their lifetime, compared to the Bureau of Justice Statistics rate of one in twenty for the general population. Trans women and black transgender people are particularly likely to be incarcerated, with 21% and 47% having ever been incarcerated respectively.
Rates of Imprisonment in the United Kingdom
As of 2024, 3% of the UK's prison system declares a non-heterosexual sexual orientation.As of 2021, just 0.2% of the UK's prison population is trans. Shon Faye notes in The Transgender Issue that the actual number of trans inmates in the UK is likely to be higher than this due to the exclusion from this number of trans people who have changed their legal gender and birth certificate, and that the number is reliant on trans prisoners presenting themselves to prison authorities as trans. As of 2023, 83% of transgender prisoners reported their legal gender as male, and only 10 prisoners had a Gender Recognition Certificate
Coming out
In men's prisons, inmates who are known or perceived as gay or effeminate face "a very high risk of sexual abuse". Therefore, many gay, bisexual or transgender inmates - including those who were openly gay outside of prison - attempt to hide their sexual identities.The Los Angeles County Men's jail segregates openly gay and transgender inmates, however, only if they are openly gay and if the staff that is inspecting them perceives them to be gay or trans enough for segregation. Even through attempts from gay men and trans women trying to seek a safer place, the jail only segregates those that fit into their definition of gay and trans, often only accepting those they deem vulnerable enough.
LGBTQ individuals are often subject to physical violence when they attempt to resist sexual abuse or sexual degradation, and can be targeted due to perceived femininity as well as if their sexual orientation is known. These individuals can be targeted because of their sexuality and attitudes towards LGBTQ people. In some instances, LGBTQ prisoners who are outed have been punished for attempting to repel an alleged aggressor, sometimes ending up in solitary confinement.
Denial of access to surgical sex reassignment on the grounds of unstable or criminal behavior condemns those who are transgender, resulting in potential continuing identity confusion, low self-esteem, drug and alcohol abuse, self-mutilation and acting out behavior which further facilitates the vicious cycle of chronic dysfunction, perpetuating criminal behavior.
Transgender issues
Some organizations that have focused primarily on cisgender women's issues have expanded to include transgender people and gender non-conforming people in their work. Certain actions can and do improve the lives of trans prisoners. The papers and maintain that individuals should always be addressed and placed based on their gender identity rather than their genitalia.Australia
The bill mentioned in "Transgender Prisoners: A Critical Analysis of Queensland Corrective Services' New Procedure" has shown to be largely ineffective.New legislation has been passed, now fully in force in 2023. In accordance with the Act, new "Inspection standards for prisons and youth detention centres" have been released.
These new standards have included and are addressing shortcomings of previous legislation and standards with regards to transgender and intersex prisoners, but may not go far enough, as there is still an element of discretion by prison staff during the admission procedure, and only transgender people who have undergone sexual reassignment surgery are excluded from this process.
Brazil
Studies point that external memories from society heavily impact LGBT lives, especially from travestis and transgender people, who are more often at social vulnerability or suscetible to prostitution, and internal sense of identity is many times fragmented to adapt into social environment during rehabilitation.Canada
When Bill C-16, a bill that prevented discrimination based on gender identity, was passed in Canada, transgender prisoners were to be placed in facilities based on their gender identity. Additionally, Prime Minister Justin Trudeau promised to "look at" transgender prison assignment to ensure that these prisoners ended up in the facilities that matched their gender identity. Further, transgender prisoners are to be considered for sex-reassignment surgery if they are imprisoned for more than twelve continuous months. A 2022 study on correctional officers in Nova Scotia concluded that the correctional officers were "generally mindful of issues pertaining to the safety and security of trans prisoners, usually espouse open-mindedness", however that some officers raised concerns with respect to prisoners who present a safety risk to other prisoners.A 2022 news report from CTV alleged that gender diverse prisoners face a pattern of abuse and discrimination in Canadian jails and that they are more likely to be victims of sexual assault than other prisoners. Specifically, the report alleges that procedures that are in place to protect gender diverse individuals are not always followed by prison staff.