Abstract
Transgender and gender diverse (TGD) people in the United States continue to face dire rates of police violence and harassment. However, little research has examined this phenomenon using large-scale nationwide data. The current study utilized data from the United States Transgender Survey to examine the prevalence and correlates of police interaction, harassment, and violence among TGD people in the United States. Police harassment and violence types examined included reported incidences of (a) officers using the wrong pronouns, (b) officers asking about an individual’s transition, (c) verbal harassment, (d) physical attack, (e) forcing sex to avoid arrest, and (f) unwanted sexual contact from an officer. Results from a weighted sample of 22,456 TGD people revealed that 40.3% reported having interacted with the police in the past year. Among those who interacted with the police in the past year, 45.7% reported experiencing at least one incident of police verbal harassment and 6.1% reported at least one incidence of police physical/sexual violence in the past year. Engaging in sex work was one of the most consistent predictors of police interaction, harassment, and violence. Notably, sex workers were approximately 11 times more likely to report being forced to engage in sex with the police to avoid arrest when compared to non-sex workers. Overall, people of color also reported significantly higher rates of police harassment and violence compared to their White counterparts. Additional correlates included income, educational attainment, and participation in other illegal work. Taken together, the findings of the current study highlight the urgent need for additional examination, intervention, and advocacy to eliminate police harassment and violence against members of the TGD community in the United States.
Introduction
Transgender and gender diverse (TGD) people in the United States continue to face dire rates of police violence and harassment. In their 2013 report on hate violence against transgender communities, the National Coalition of Anti-Violence Programs found that TGD people were 7 times more likely to experience physical violence when interacting with police than their cisgender counterparts (National Coalition of Anti-Violence Programs, 2017). Additional research has found that TGD people experience disproportionately high rates of unjustified police stops and arrests, harassment and assault from police, and discrimination while incarcerated (Stotzer, 2014). Research has suggested that the intersectionality of gender identity, race, and socioeconomic status (SES) increase risk of police violence in TGD populations, such that TGD women who identify as Black and low SES experience higher rates of police violence (National Coalition of Anti-Violence Programs, 2017; Stotzer, 2008, 2009)
Further, TGD people who engage in sex work experience disproportionately high rates of police involvement and violence (Cohan, 2006; Stotzer, 2014). Specifically, trans women who engage in sex work experience the highest rates of police involvement, arrests, and incarceration of all TGD populations (Stotzer, 2014). Researchers have suggested that the high rates of criminal justice involvement with TGD populations may be, in part, due to police incorrectly profiling TGD people as sex workers (Lacombe-Duncan & Olawale, 2020; Stotzer, 2014).
The Current Study
Despite the relatively small sample sizes of previous studies on the topic and calls for large-scale data analysis (Carpenter & Marshall, 2017; Stotzer, 2009, 2014), few studies exist to date regarding interactions between police and the TGD community using large nationwide samples. Further, as the rates of police harassment and violence towards TGD people remains comparatively high, examination of factors associated with increased risk of police harassment and violence is necessary. The current study aims to fill these gaps through the examination of the prevalence and factors associated with police interaction, harassment, and violence among a large nationwide sample of TGD people in the United States.
Method
Data and Participants
The current study utilized data from the United States Transgender Survey (USTS). The USTS was collected by the National Center for Transgender Equality (NCTE) in the United States from January to December 2015 and represents the largest effort to collect the experiences of TGD people in the United States with over 27,000 respondents. Participants included adults residing in the United States that identify as transgender, trans, genderqueer, non-binary, or another non-cisgender identity. Eligible participants completed an online, anonymous survey that inquired about multiple aspects of life including experiences in interpersonal relationships, healthcare settings, employment, and with law enforcement among others. The USTS was offered in English and Spanish, and for their participation, participants were offered the opportunity to enter a cash prize drawing following survey completion. As the sample for the USTS is disproportionately White and younger, the current study utilized weights provided by NCTE based on the American Community Survey to adjust the frequencies for race/ethnicity and age. Additional information regarding the USTS survey design and methodology can be found in James et al., 2016.
Weighted Sample Demographics.
Note: PY = Past Year, AI/AN = American Indian, Alaska Native, Asian/NH/PI = Asian/Native Hawaiian/Pacific Islander, AA = African American, AFAB GQ/NB = Assigned Female at Birth Gender Queer/Non-binary, AMAB GQ/NB = Assigned Male at Birth Gender Queer/Non-binary, SGL = Same-Gender-Loving.
Measures
The current study utilized questions regarding demographic characteristics as well as information related to participants’ interactions with police. Demographic variables included region of the U.S. the participant resides, age, race/ethnicity, gender identity, education, individual income amount, and sexual orientation. Participants were also asked whether they had ever participated in sex work during their lifetime and if they had participated in drug trade or other illegal work in their lifetime. Whether participant’s reported income was above or below the poverty line was calculated using their individual income. Participants were also asked whether they had interacted with police in the past year prior to their participation. If they reported they had interacted with police, the current study also used data from follow-up questions regarding whether they had experienced six different types of harassment and/or violence from police officers in the past year. These included (1) officers kept calling me by wrong pronouns, (2) officers asked questions about my transition, (3) officers verbally harassed me, (4) officers physically attacked me, or (5) officers forced sex/sexual activity to avoid arrest and (6) unwanted sexual contact from an officer.
Data Analysis
Weighted Prevalence and Correlates of Past Year Police Interaction (N = 22,456).
Note: % = Percentage of participants who answered in the affirmative in each predictor group. AI/AN = American Indian, Alaska Native, Asian/NH/PI = Asian/Native Hawaiian/Pacific Islander, AA = African American, AFAB GQ/NB = Assigned Female at Birth Gender Queer/Non-binary, AMAB GQ/NB = Assigned Male at Birth Gender Queer/Non-binary, SGL = Same-Gender-Loving.
Weighted Prevalence and ORs of Verbal Police Harassment/Violence (N = 4060).
Note: % = Percentage of participants who answered in the affirmative in each predictor group. AI/AN = American Indian, Alaska Native, Asian/NH/PI = Asian/Native Hawaiian/Pacific Islander, AA = African American, AFAB GQ/NB = Assigned Female at Birth Gender Queer/Non-binary, AMAB GQ/NB = Assigned Male at Birth Gender Queer/Non-binary, SGL = Same-Gender-Loving.
Weighted Prevalence and ORs of Physical Police Harassment/Violence (N = 4060).
Note: % = Percentage of participants who answered in the affirmative in each predictor group. AI/AN = American Indian, Alaska Native, Asian/NH/PI = Asian/Native Hawaiian/Pacific Islander, AA = African American, AFAB GQ/NB = Assigned Female at Birth Gender Queer/Non-binary, AMAB GQ/NB = Assigned Male at Birth Gender Queer/Non-binary, SGL = Same-Gender-Loving.
Results
Prevalence of Police Interaction
A total of 40.3% (n = 9046) of respondents reported having interacted with the police in the year prior to participation in the survey. Having engaged in sex work or other illegal work were associated with the highest likelihood of having past year interaction with the police even when controlling for all other factors. Conversely, participants from the Western region of the United States were significantly less likely to interact with police when compared with their counterparts from all other U.S. regions.
Correlates of Police Harassment and Violence
A total of 45.7% of respondents with past year police interaction reported at least one incident of any type of police harassment or violence in the past year with 6.1% reporting at least one incident of physical violence (i.e., physical attack, forced sex, and unwanted sexual contact) and 45.7% reporting at least one incident of verbal harassment (i.e., wrong pronouns, asked about transition, and verbal harassment). Tables 3 and 4 compare the likelihood of different types of police harassment, and violence among those with past year police interaction. Table 3 presents factors correlated with likelihood of three types of verbal harassment: (1) being called the wrong pronoun by officers (38.1% endorsed), (2) officers asking about their transition (18.2% endorsed), and (3) verbal harassment by an officer (16.6% endorsed). Sex workers and participants who reported other illegal work were more likely to experience all types of verbal harassment with sex workers reporting verbal harassment at more than twice the rate of non-sex workers. Younger age and lower income were also associated with greater likelihood of experiencing all types of verbal harassment. Compared with their White counterparts, Latino/a/Hispanic people were more likely to experience all types of verbal harassment.
Table 4 outlines factors correlated with likelihood of experiencing three types of physical and/or sexual violence: (1) physical attack from an officer (4.8% endorsed), (2) forced sex with an officer to avoid arrest (0.9% endorsed), and (3) unwanted sexual contact from an officer (2.3% endorsed). Sex workers reported significantly higher likelihood of experiencing all types of physical/sexual violence. Notably, sex workers were approximately 11 times more likely to be forced to have sex with an officer to avoid arrest compared with their non-sex worker counterparts and represent 97% of reported cases of forced sex across all participants. Similarly, people of color were significantly more likely to have experienced physical and sexual attacks from officers compared with White people, with Black/African American people being approximately three times as likely to report all types of physical/sexual violence with police.
Discussion
TGD people in the current study reported high rates of police interaction, harassment and violence. In total, 40.3% of TGD people in the current study reported interacting with the police in the past year, compared with 21.1% of the general population who reported interactions with the police in 2015 (Davis & Whyde, 2018).
Even when controlling for engagement in other illegal work and other demographic and environmental factors, engagement in sex work remained one of the largest, most consistent predictors of police violence and harassment in the current sample. Most notably, people who reported having engaged in sex work were approximately 11 times more likely to report being forced to have sex with an officer to avoid arrest and represented 97% of all reports of forced sex in the current sample. The high rates of violence perpetrated against TGD sex workers in the United States is well established (Cohan, 2006; Stotzer, 2009, 2014). The current findings demonstrate that perpetrators of such violence can and do include those involved in law enforcement.
Though few differences were found regarding rates of police interaction, people of color often reported significantly higher rates of police harassment and violence compared with their White counterparts. Excluding forced sex, Latino/a/Hispanic pepole were significantly more likely to report experiencing all types of police harassment and violence compared with White people. Similarly, Black/African American people reported experiencing physical attacks and forced sex from officers at a rate that was three times higher than that of their White counterparts. With the exception of AI/AN people, people of color were approximately three times more likely to experience unwanted sexual contact from an officer in comparison to White people. The current results build on previous literature that has revealed higher rates of police harassment and abuse among primarily cisgender people of color compared to their White counterparts (DeVylder et al., 2017). Specifically, results of the current study make clear the intersectional impact of both gender and race/ethnicity in increasing the likelihood of experiencing harassment, violence, and, in particular, unwanted sexual contact at the hands of police.
Overall, the results of the current study exemplify the need for continued advocacy, research, and intervention aimed at eliminating police harassment and violence towards TGD people in the United States. Specifically, safe and supportive reporting mechanisms for survivors of police harassment and violence are urgently needed to increase both police accountability as well as trust in law enforcement among TGD people in the United States. Further, as the implementation of anti-bias and other police training programs increase, so too should the evaluation of their efficacy and the examination of outcomes to ensure that rates of violence decrease among both the general population as well as groups at increased risk for experiencing police violence such as sex workers and members of the TGD community. Finally, the results of the current study highlight the negative consequences of criminalization of sex work in the United States. As sex work remains criminalized, the often-degrading and/or violent interactions between sex workers and police are constant. In addition to addressing the actions of police, advocacy towards the decriminalization of sex work in the United States is crucial, and has the potential to decrease police harassment and violence against TGD and cisgender sex workers alike.
Limitations and Future Directions
The current study has several limitations. First, race/ethnicity information was collected in such a way that did not allow for the distinction of racial groups within the Latino/a/Hispanic ethnicity. Future research should investigate further the possible differences in experiences of people within varying ethnic and racial groups. Additionally, though the influence of US region was examined, future research would benefit from investigating the influence of additional community-level factors that may impact rates of police violence (e.g., legislation).
Conclusion
The current findings represent a critical large-scale, nationwide view of the factors associated with police harassment and violence among TGD people in the United States. Results revealed high rates of reported police interaction, harassment, and violence in the current sample and the influence of race/ethnicity, gender identity, and engagement in sex work among others. Findings highlight the urgent need for continued examination and intervention to address police harassment and violence towards TGD people.
Footnotes
Declaration of Conflicting Interests
The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The author(s) disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: Support provided by NIH grants T32DA019426 and U54AA027989.The content is solely the responsibility of the authors and does not necessarily represent the official views of the National Institutes of Health.
