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How American Criminal Justice Has Failed the Transgender Community

Writer: Jerry Xu
Jerry Xu
Jun 30, 2020
3 min read

As the #blacklivesmatter movement is going on, many other communities around the world have followed suit in standing up for themselves, this time more valiantly and proudly than ever before. One of these communities is the Transgender community, who are fighting for their rights, mainly within the criminal justice system. Even though incidents of apparent racially motivated police brutality are now readily reported and put out to the public, many transgender hate crimes, which are still going on in spite of the virus, sadly get overshadowed and neglected.


Some tragic examples (from 2020) include:


Dustin Parker, 25, was fatally shot in McAlester, Oklahoma, early on New Year’s Day,


Neulisa Luciano Ruiz, was fatally shot in Toa Baja, Puerto Rico on February 24,


Yampi Méndez Arocho, 19, was killed in Moca, Puerto Rico, on March 5,


Monika Diamond, 34, a Black transgender woman, was killed in Charlotte, North Carolina on March 18,


and countless others who haven't received anything more than local news coverage. The rate of these crimes aren't going down either. In fact, it's rising at an alarming rate. The LGBTQ community is facing increased violence—transgender people in particular. According to a Human Rights Campaign (HRC) report, 128 transgender Americans were killed between 2013 and 2018, 80% of them women of color. There were 27 more deaths in 2019 and at least 15 more already this year.


How Police Fail the Transgender Community


According to the 2015 United States Transgender Survey (USTS), a great percentage of those who had given data report daily experiences with harassment, abuse, and violence, which starts at an early age. So many transgender people of color have been murdered recently that it's labeled by the Washington Post as a "crisis."


Regardless, according to a study put out by the National Center for Transgender Equality, most trans people are reluctant to call the police, even when they do witness a crime. And for good reason.

  • Over half (58%) of transgender people who interacted with law enforcement that knew they were transgender in the last year reported experiences of harassment, abuse or other mistreatment by the police

  • Over half (57%) of all USTS respondents feel uncomfortable calling the police for help when they need it

It is disgraceful that trans Americans risk additional abuse and harassment from the very people who are supposed to protect them from it.


Abuse and Mistreatment in Prison


Jun 28, 1969 – Jul 3, 1969, the dates of the Stonewall, has just seen its 50th anniversary. It was a riot sparked by abuse towards the LGBTQ community at the hands of police. Even after half a century, abusive action from the police continues to happen to the community. Trans victims of crimes are routinely mistreated, targeted, harassed, and arrested disproportionately by the police. And when they end up behind bars, things only get worse. Trans people are way over-represented in this country’s jails and prisons. Take a look at the percentage of trans adults who have reported spending time behind bars:

  • 21% of transgender women

  • 10% of transgender men

  • 16% of all transgender (and gender nonconforming) people

Those numbers are ridiculously high, especially when you consider that only 5% of all US adults have reported ever being locked up. Oh, by the way, for Black trans people the number jumps to 47%. Transgender people experience horrific abuse in jail and prison at the hands of both their fellow inmates and staff. They are usually housed according to their gender at birth, rather than their gender identify. They are denied medical care. They are forced into long stays in solitary confinement. There is nothing just or fair here. There’s only cruelty.


Stand Up for Trans Rights

Trans visibility is at an all-time high, and yet these persistent injustices remain—in police departments, in the courts, in detention centers, in jails and prisons, and throughout daily life. The criminal justice system is broken. It’s failing our our transgender neighbors, friends, and family members. But we can make a difference. Stand with us and the National Center for Transgender Equality as we push for transgender rights.



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