Criminalising Gender Diversity: Trans and Gender Diverse People’s Experiences with the Victorian Criminal Legal System

Abstract

Trans and gender diverse (TGD) people are disproportionately criminalised and face unique vulnerabilities when interacting with the criminal legal system. However, very little is known about TGD people’s experiences of criminalisation in Australia or the strategies TGD people and their advocates use to navigate the criminal legal system. Based on survey responses from TGD people with lived experience of criminalisation and lawyers with experience representing TGD clients, this article identifies several critical issues with the criminal legal system’s treatment of TGD people and outlines the strategies TGD people and their representatives suggest to address these issues. On this basis, we argue that criminologists and criminal legal practitioners urgently need to interrogate and work towards ameliorating the criminal legal system’s treatment of gender diversity. These insights will be crucial in informing future advocacy efforts and reform agendas, given that knowledge in this area is severely lacking.

Keywords

• transgender
• gender diversity
• criminal justice
• queer criminology
• cisnormativity
• lgbtiq