Stanley-Eric-Captive-Genders-Trans-Embodiment-and-Prison-Industrial-Complex

Captive Gendersopposing the death penalty amendment, few acknowledged that hatecrimes laws (which function primarily by applying harsher sentences tocrimes deemed as hate-motivated) grow out of, and feed, the same punitivelogics that sustain the death penalty. Ironically, most of the arguments usedby LGBT groups to oppose the death penalty (for example, its racist application,lack of deterrent effect, and perpetuation of violence) also applyto the criminal justice system more broadly. 81 Although the death penaltyamendment was subsequently removed from the final legislation, by advocatingfor punishment-based hate crimes laws, LGBT groups nonethelesshelped to legitimize imprisonment and channel further resources intolocking people up—despite a lack of evidence that such measures reducehate-motivated violence. 82 It is also no coincidence that the act was passedas part the National Defense Authorization Bill, a package of reforms thatprovides $680 billion to the US military “defense” budget, including $130billion (USD) for ongoing military operations in Afghanistan and Iraq. 83Given the devastating effects of the prison industrial complex and itsbroader connections with militarism and empire, queer and trans peoplemust end their complicity with such projects. 849. Prisons and police do not make queer, trans, and gender-non-conformingcommunities safer.The biggest myth of prison industrial complex is that prisons and copskeep us safe. Yet when we examine state track records, prisons havefailed to protect communities from violence. Just as criminal justiceremedies for domestic violence have not kept women safe from harm,so too have prisons failed to protect queer, trans, and gender-non-conformingpeople. 85Although queer, trans, and gender-variant people are disproportionatelysubject to harassment, bullying, sexual assault, and violence, manydo not feel safe going to the police for help. A recent U.K. study foundthat 1 in 5 lesbian and gay people had been a victim of homophobic hatecrime in the last three years, yet 75 percent did not report it to the police.The incidents ranged from insults on the street to physical and sexual assaults.Of those incidents reported, half resulted in no action being taken,and two thirds of those who reported were offered no advice or supportservices. 86 Trans people are particularly vulnerable when reporting incidentsto police, not only because of ID issues, but also because policeroutinely assume that trans people are suspects rather than witnesses orvictims of crime. 87250