11.7: Sexual Orientation and Gender Identity in Criminal Justice

Prevalence of Justice System Contact

Available evidence suggests that LGBTQ+ individuals experience disproportionate criminal justice involvement. Survey research by the Williams Institute (2021) found that lesbian, gay, and bisexual adults are approximately 2-3 times more likely to report lifetime arrest compared to heterosexual adults (Mallory et al., 2021). Transgender individuals appear to experience even higher rates of justice system contact. Research estimates that 20-30% of transgender individuals have been arrested or incarcerated at some point, compared to approximately 10% of the general adult population (James et al., 2019).

Pathways to Justice System Involvement

Multiple pathways contribute to disproportionate LGBTQ+ justice system contact. Family rejection and homelessness are particularly significant. LGBTQ+ youth are 120% more likely to experience homelessness than non-LGBTQ+ youth, and homelessness dramatically increases survival crime, substance use, and police contact (Choi et al., 2019). Economic marginalization affects justice system’s contact probability. Employment discrimination against LGBTQ+ individuals, particularly transgender people, increases poverty and economic desperation (Carpenter et al., 2020).

LGBTQ+ individuals comprise an estimated 6-7% of jail and prison populations, approximately 2-3 times their representation in the general population (Meyer et al., 2020). Incarcerated LGBTQ+ individuals face severe challenges related to safety, healthcare, and dignity. Sexual assault rates are dramatically elevated, with LGB prisoners 10 times more likely to experience sexual victimization than heterosexual prisoners (Beck et al., 2018).