The National LGBT Bar Association put forth a resolution in 2013, urging federal, state and local governments to outlaw the “gay panic” and “trans panic” defense strategies, which attempt to reduce sentencing for a person accused of killing an LGBT person. These strategies are used by defense attorneys to argue that their clients’ crimes were not pre-meditated but a reaction to an unwanted sexual advance from an LGBT person or to the “discovery” of a person’s trans status, thus they warrant lighter sentencing. Such tactics have been in play as mitigating factors in sentencing since the 1960s. Today, California is the first state to have banned them; the National LGBT Bar Association is hopeful that other jurisdictions will follow in its footsteps. On May 31, 2017, the Illinois House of Representatives approved a Senate bill banning the defense. The bill is expected to be signed into law by Governor Bruce Rauner. A similar bill was introduced in the District of Columbia in February 2017.
A new wave of “tough on crime” policy is taking shape in the U.S., driven by a presidential administration that tirelessly stirs fears of internal and external threats. The full consequences of this new crackdown will not be known for some time. But decades of research on the effects of aggressive law enforcement provide a strong basis for understanding the challenges that lie ahead. In political rhetoric, the law-breaking individual takes center stage. Calls for stiffer penalties focus on actions within the criminal justice system. In reality, however, the fallout from get-tough law enforcement spirals outward, reaching into all corners of targeted individuals’ lives and creating devastating collateral consequences for the people who surround them. In the case of undocumented immigrant victims of gender-based violence, aggressive law enforcement can counteract vital protections and supports.
Anti-violence advocates had grave concerns about the Trump Administration. Its first 100 days have done little to allay those fears. Instead, we’ve seen a stunning lack of concern regarding the impact of leaders and policies on gender-based violence in the U.S. and internationally. If the Administration wanted to change the perception that it cares little about gender violence, fully funding VAWA, committing to continued enforcement of criminal and civil laws, and protecting the health, welfare, and dignity of those subjected to gender-based violence would be a good start. For victims of gender-based violence, such support cannot come soon enough.
The expansion in imprisonment rates in the U.S. since the 1970s is well known. Less well-reported, however, has been the way this expansion affected women. Although a small share of the prison population (7 percent), women’s imprisonment rates grew faster during the prison boom and have seen a slower decline since 2010. By 2015, over 110,000 women were in prison nationwide—of which, nearly 50% were women of color. Women have unique pathways into and out of prison: women behind bars are more likely to be parents, to have histories of drug use and family trauma, and to be raped while in prison.
The growing Trump Cabinet poses several concerns for gender equality and the recognition and support of gender diversity[i]. Many Americans are especially dismayed by the nomination of Cabinet members with a recorded history of anti-LGBTQ statements, business practices, and Congressional votes. For gender-based criminal justice policies, such as hate crime laws and anti-transgender “bathroom bills,” the confirmations of Attorney General Jeff Sessions, III and Health & Human Services Secretary Tom Price have important implications.
In 1996, the suicide of a young Texas man named Rodney Hulin, Jr. in the wake of multiple sexual assaults partially spurred Congress to unanimously pass the 2003 Prison Rape Elimination Act (PREA). The purpose of the nation’s first federal civil law addressing sexual violence behind bars was to call for nationwide data collection on the problem of prisoner rape and federal grants to help states combat it within prisons, jails, police lockups, youth facilities, immigration detention facilities, and community corrections. While PREA was developed with good intentions by the National Prison Rape Elimination Commission (NPREC) in concert with prisoner rights’ advocates from across the country, and has been lauded by the American Civil Liberties Union and Just Detention International, it falls far short of what is needed to protect all prisoners, especially women, people of color, transgender individuals, and disabled people.
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