Define “Sex”: Legal Outcomes for Transgender Individuals in the United States

Forbes, Alexis

doi:10.1007/978-1-4614-9188-0_18

Cited by 2 publications

(6 citation statements)

References 22 publications

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“…The stigmatisation of takatāpui/LGBTQ+/queer people, especially if intersecting with homelessness, convictions, or addiction, can create a pipeline for LGBTQ+/queer people to appear before the Courts (Forbes, 2014;Frederick, 2014). The marginalisation of takatāpui/LGBTQ+/queer people in justice may have led to disillusionment with formal justice systems (Mogul et al, 2011).…”

Section: Discussionmentioning

confidence: 99%

“…One of the most dangerous intersections of identity for takatāpui/LGBTQ+/queer youth is class deprivation and homelessness, as many parents of LGBTQ+/queer youth evict them because of their identity (Forbes, 2014;Frederick, 2014). Queer youth can have increased problems at school and are more likely to struggle with addiction, with both issues stemming from trauma (Frederick, 2014).…”

Section: Homelessness and Survival Crimesmentioning

confidence: 99%

“…Queer youth can have increased problems at school and are more likely to struggle with addiction, with both issues stemming from trauma (Frederick, 2014). Disapproval over sexuality and the above issues can lead to the exclusion of takatāpui/LGBTQ+/queer youth from their support and home (Forbes, 2014;Frederick, 2014). The 2015 US study into queer incarceration, 'Coming out of Concrete Closets', found that:…”

Section: Homelessness and Survival Crimesmentioning

confidence: 99%

“…These connections may draw the person away from home and help perpetuate that cycle as they become a "street-involved peer" accepting other youths (Frederick, 2014). After becoming homeless, some people may turn to survival acts such as sex work or survival crimes like theft and drug dealing, with the latter being a reflection of the high rates of addiction among homeless people (Forbes, 2014;Fraser et al, 2023). In the US, 39% of queer prisoners responded to a study that they had "traded sex for survival" (Lydon et al, 2015, p. 21).…”

Section: Homelessness and Survival Crimesmentioning

confidence: 99%

“…Several factors may increase the likelihood of a takatāpui/LGBTQ+/queer person being before the Court as a defendant or victim. Those include the increased rates of victimisation (Ministry of Justice, 2022b) and the homelessness to criminalisation pipeline (Forbes, 2014;Frederick, 2014). This chapter will discuss why some participants needed to access justice and what ways their diverse gender or sexuality was involved in that process.…”

Section: The Wider Context Of the Queer Court Experience 111 Introduc...mentioning

confidence: 99%

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Queering the Courts

Sewell

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<p><strong>Takatāpui/LGBTQ+/queer people can face increased victimisation (Ministry of Justice, 2022b) and criminalisation (Mogul, Ritchie, & Whitlock, 2011), although the literature is still developing in New Zealand. As discussions around justice and awareness of LGBTQ+/queer issues grow, now is an opportune time to examine the experiences of takatāpui/LGBTQ+/queer people in New Zealand’s District Courts. This thesis explores the experiences of takatāpui/LGBTQ+/queer people accessing justice as defendants and victims in New Zealand’s Courts. It also investigates how structures and institutions, such as justice systems, patriarchy, and gender in New Zealand, shape the experience of takatāpui/LGBTQ+/queer people accessing justice as defendants and victims in New Zealand’s Courts. Using qualitative research methods, this study takes a critical realist constructionist view of the participants' perceptions of the justice system and their experiences accessing justice. The data and literature are critically assessed through queer and critical theory frameworks. The participant experiences are viewed alongside the key themes of access to justice, intersectionality, and stigma. This study finds that the experience of accessing justice in New Zealand spans more than just the court experience, including how the cisheteropatriarchy and other social structures may be institutionalised within formal justice systems, such as the Courts, Judiciary, Police, and the legal profession. These legal institutions, and the professionals within them, are shown to influence the experience of accessing justice for the study participants. Importantly, some participants noted that adverse experiences in court could lead to hesitancy to access justice in the future. The experiences presented in this thesis suggest that justice institutions, specifically the New Zealand District Court, may create obstacles for takatāpui/LGBTQ+/queer people accessing justice.</strong></p>

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Section: Discussionmentioning

confidence: 99%