Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-nmvwc Total loading time: 0 Render date: 2024-06-25T10:36:29.994Z Has data issue: false hasContentIssue false

12 - ‘I Thought They Were Supposed to Be on My Side’: What Jane Doe’s Experience Teaches Us about Institutional Harm against Trans Youth

Published online by Cambridge University Press:  15 September 2022

Carrie Buist
Affiliation:
Grand Valley State University, Michigan
Lindsay Kahle Semprevivo
Affiliation:
West Virginia University
Get access

Summary

A pressing issue for the child welfare and juvenile justice systems is the treatment of LGBTQ youth in facilities and under the care of the state, particularly transgender youth. Unfortunately, these youth often do not receive affirming, effective care, nor responsible and suitable placements. Thus, while young trans people may experience interpersonal harm, they also face institutional harm perpetuated by police, courts, juvenile correctional facilities, child welfare agencies, and other institutional entities, which repeatedly occurs in what seems to be a coordinated effort to allow violence and stigma to flourish as they fail to protect these youth.

We explore the facets of this issue by focusing on the case study of Jane Doe, a transgender teen whose plight caught the eye of activists and the media. She had been under the custody of the Department of Children and Family (DCF) Services from early childhood and had repeatedly experienced sexual assault while under the care of the state. She also spent time in an adult carceral facility – including in solitary confinement – despite not having been charged with a crime and was briefly psychiatrically hospitalized. Nowhere was she given meaningful support for her gender transition. For years prior to being institutionalized, Jane Doe experienced pervasive, severe physical and sexual abuse from family members on the basis of her transgender identity, had engaged in survival sex, and was coping with the pain of her trauma through illicit drug use. Despite a lawsuit filed on her behalf, it seemed that the only respite Jane had from harmful placements was aging out of DCF care.

Jane Doe's story is tragic and, although extreme in some instances, crystallizes many relevant issues for transgender youth in the juvenile justice and child welfare systems. We complement our analysis of this case study with relevant empirical data about LGBTQ youths’ experiences in families, schools, communities, the child welfare system, and the juvenile justice system. Doing so allows us to paint a portrait of the structural issues at play in instances of serious system failure, as with Jane Doe. Consistent with the practical goals of this volume, we discuss ten policy recommendations we see as stemming from this case. Our recommendations are targeted at various levels of intervention, including institutional, interpersonal, and even society-wide.

Type
Chapter
Information
Queering Criminology in Theory and Praxis
Reimagining Justice in the Criminal Legal System and Beyond
, pp. 175 - 188
Publisher: Bristol University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×