Insights into Same-Sex Sexual Assaults & Transgender Involvement

Cases of sexual violence which involve adults where the complainant, suspect or defendant are of the same sex, bisexual or transgender are becoming more prevalent day to day.

Generally speaking, individuals who are part of the LGBTQ community experience homophobia, biphobia and/or transphobia on a day-to-day basis in society. It is therefore not surprising the negative impact those experiences play on those individuals’ willingness to be open about their sexual orientation, how they view their place in society and crucially how willing they are to engage with public bodies specifically the criminal justice system.

Prosecutors therefore must consider the impact of this upon all parties and the risks involved for particularly young people when they are at the stage of exploring their own sexuality.

Labels

Some individuals chose to reject any type of label which refers to gender identity or their sexual orientation. It is important to respect that person’s choice and to establish from them how they wish to be addressed especially when prosecutors are aiming to understand how a victim wants to be described but also a defendant when engaging with their solicitor as to how they wish to be presented at court to a jury.

What is “Corrective Rape?”

The term “Corrective-Rape” is used to describe the rape of a woman who identifies as other than heterosexual. It can also be perpetrated against transwomen, men, cisgender, gay and bisexual men. Often when this offence is carried out it is accompanied by an active demonstration of hostility based upon the individual’s actual or presumed sexual orientation or their transgender identity.

Sexual violence between men: evidential considerations

One of the first questions which must be asked is, what were the circumstances which prompted the complainant to raise the matter with the police? Reasons for reluctance can include: fear of not being taken seriously or believed, a mistrust of the criminal justice system, fear of being outed or exposing a partner to homophobia or transphobia. It therefore gives rise to the question, what has happened to cause either a suspect or a complainant to involve the police or engage in proceedings.

Rural isolation can be a key issue for LGBTQ people. A lack of access to trans communities or urban gay can force people into inappropriate relationships. This in turn can make it difficult to leave abusive relationships which can create a power imbalance and eventually leave to accusations being made against that individual by their partner, and that individual becoming trapped due to that power imbalance and social isolation.

These power relationships can be used to control and silence a complainant but often a suspect – this is applied in the same way as that power can be used to exert controlling and coercive behaviour to someone less powerful.

Depending on the extent to which either the suspect or complainant is “out”, it may be necessary to consider appropriate measures to protect their identity such as seeking reporting restrictions or seeking directions that a party give their evidence in private.

Sexual violence between women: evidential considerations

Those in same-sex relationships might be reluctant to label another woman i.e. their partner as an abuser and therefore even more reluctant to involve the police. Often, those that are accused of being the abuser are those being abused themselves and again it focuses on the power imbalance in that relationship.

The commercial “gay scene” has been male dominated, providing fewer options for women to form social networks, and if a woman then reports another woman to the police (particularly if that allegation is in relation to sexual abuse), both the suspect and complainant may be ostracised by that community which runs the risk of losing support.

Research has shown that some women deliberately target women who have recently come “out” and whose previous partners have been men, therefore making them susceptible to false notions of what is means to be a lesbian and therefore may convince themselves they are culpable of what they have been accused of or rather to blame for the abuse suffered.

Women can struggle to describe non-consensual sex between women. If a woman identifies as the suspect or the victim of alleged non-consensual sex and the word “rape” is used, it can be viewed unusual and will have an emotional impact on that person.

Sexual Violence involving bisexual victims or suspects

Reporting in this area is rare and therefore if a case is reported involving two bisexual individuals, the police must investigate what has happened to cause the reporting of an incident.

Sexual violence Involving trans victims

It is not uncommon for men who identify as heterosexual who engage in sexual activity with a transgender woman to then regret this interaction – they may then accuse that woman of rape. It is important to examine the available evidence carefully when considering the circumstances of the alleged offence and the motivation of the complainant in making that complaint.

Moving forward

Cases surrounding same sex sexual assaults and sexual violence involving a transgender suspect, defendant or complainant are appearing more frequently within the criminal justice system and therefore it is imperative both defence teams and prosecutors understand the myths and stereotypes for each of these groups of people and how it may play a crucial role on those being accused and the accuser.

Contact our specialist sexual allegation lawyers

Please contact our new enquiry team on 020 3883 6790 (London) or 01618341515 (Manchester), by email to info@olliers.com or complete the form below if you would like to arrange a confidential discussion as to how Olliers can assist you in relation to a sexual allegation.