Introduction

The experiences of lesbian, gay, bisexual and transgender (LGBT) communities in relation to crime, criminal justice and victimisation have traditionally been marginalised by policy makers and researchers, reflecting the bias towards heterosexuality that dominates western society, whereby same-sex desire has often been viewed through the lens of deviance. Nonetheless, LGBT communities have attracted some research and policy concern, particularly in relation to their experiences of hate crime and domestic violence, this work illustrating that hate crime and domestic violence are significant issues for LGBT minority groups and that, moreover, while there are similarities between the experiences of LGBT communities and heterosexuals, there are nonetheless significant differences that need to be taken into account.

This chapter looks at LGBT minorities in relation to crime, victimisation and criminal justice. It is argued that when considering LGBT minority experiences, it is important to consider the oppositional binary heterosexual–homosexual that is said to underpin western society, which casts same-sex desire into the category of the Other, the delegitimised. Not only have LGBT groups had to struggle against scientific medical constructions of sexuality that represent any kind of sexual orientation that lies outside of heterosexuality as pathological, abnormal and unnatural, but LGBT minorities have also had to challenge the institutions of heterosexuality, marriage and family, for example, for oppressing them. Within a criminal justice context, LGBT communities have criticised agencies of the criminal justice system for assuming that all peoples are heterosexual, and for acting in discriminatory ways towards those that are not. At the same time, LGBT minorities are increasingly arguing that agencies of the criminal justice system need to recognise differences between lesbian, gay, bisexual and transgender communities, and should respond with greater specificity and sensitivity to their needs.

This chapter also briefly considers some of the methodological issues and implications for knowledge production that the inclusion of LGBT identities poses for criminologists. It is argued that if heteronormativity underpins agencies like the police, offender management or Crown Prosecution Services, then LGBT minority groups may experience prejudice and disadvantage as employees, offenders, suspects and/or victims. However, obtaining quantitative evidence of prejudice or discrimination within a criminal justice context is highly problematic as sexual orientation tends not to be monitored by agencies, and individuals may be unwilling to disclose their sexual orientation. Utilising qualitative approaches can also be problematic.