Not all trans/nonbinary people have a positive view of law enforcement agencies or the criminal legal system. Whether people have political beliefs or personal experiences that lead them to their views, it is important for service providers to understand and respect these opinions. Even trans/nonbinary people who have neutral or positive views of the criminal legal system may be hesitant to interact with this system after a crime. Some people may find the process traumatizing, tedious, or otherwise inaccessible. Others may not consider law enforcement and courts to be helpful in addressing their needs.
Some common concerns about interacting with law enforcement and the criminal legal system include:
Historical violence against trans communities: There is a long history of violence by law enforcement against trans communities, and this continues today, particularly targeting trans people of color. Seeing/hearing about anti-trans violence from law enforcement may lead victims to expect this kind of treatment. During many periods of history, crimes such as “wearing clothes of the other gender” or “cross-dressing” existed. These specifically targeted transgender/nonbinary people, as well as many other members of LGBTQ communities.
Criminal legal system seen as harmful: The policing system in the United States is deeply connected to efforts to maintain slavery, with some of the first police being slave patrols. Since then, police and the criminal legal system have primarily functioned to maintain the status quo and protect property more than protect the safety of communities. Many trans/nonbinary people recognize that the system as it exists causes extensive harm, and thus they do not want to engage with it in any way.[1]
Victimization by law enforcement: Based on the 2015 US Trans Survey (the most recently available set of statistics), 20% of trans people who interacted with law enforcement officers who knew they were transgender were verbally harassed by an officer. 4% were physically attacked by officers, and 3% were sexually assaulted by officers (USTS, 2015).[2]
Misgendering/using the wrong name: Among trans people who interacted with law enforcement who knew they were transgender, 49% reported that officers repeatedly used the wrong name and pronouns for them (USTS, 2015).[3]
Being seen as a perpetrator: Many trans people experience law enforcement officers believing they are doing sex work or engaged in criminal activity based on their gender identity or presentation. Some may worry about being targeted because of their race, immigration status, disability, or other marginalized identity. Survivors of intimate partner violence report that they are often treated as the abuser in interactions with police.
Lack of trust in law enforcement to conduct a thorough investigation: Trans and nonbinary victims of crime may fear that law enforcement will not believe them about their experiences with crime/violence, or that law enforcement will not conduct a thorough investigation. Between 2017 and 2021, only 16% of transgender homicides resulted in murder convictions, and the majority of unsolved cases (92%) involved victims of color (Business Insider, 2022).
Criminal legal system not seen as helpful: In a survey on anti-trans experiences, many people shared that reporting a crime would not help them. Survivors often report needing assistance with healing, housing, safety, or other material needs. They do not see these as coming from the criminal legal system.
Survivors may not feel comfortable sharing details of the crime they experienced. Victims who were sexually assaulted or involved in a domestic violence situation may feel uncomfortable describing their anatomy and how they were victimized. Someone whose assailant was also a part of their community (trans community, local community, cultural or ethnic community, Deaf/disabled community) may not want to “out” the perpetrator or face social consequences for reporting someone in their community.
For more details on Trans Communities and Police, check out the following reports.
2019 Report: “Failing to Protect and Serve” – A National Center for Transgender Equality report reviewing police department policies toward transgender people.
2024 Report: Policing Progress: Findings from a National Survey of LGBTQ+ People’s Experiences, an ACLU research report, documents LGBTQ+ communities’ experiences with police and the disparate treatment they face.
2025 Williams Institute Report: Law Enforcement and LGBTQ People – A Williams Institute report summarizing research on LGBTQ people’s experiences with law enforcement.
[1] Equal Justice Initiative. (2014, October). Race and the Criminal Justice System. Equal Justice Initiative. https://eji.org/news/history-racial-injustice-race-and-criminal-justice/
[2] James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M. (2016). The report of the 2015 U.S. Transgender Survey. National Center for Transgender Equality. https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf
[3] James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M. (2016). The report of the 2015 U.S. Transgender Survey. National Center for Transgender Equality. https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf