The Impact of Domestic Violence on the LGBTQ+ Community, and How Legal Aid Can Help
By: Andrew Chandler, Legal Aid Society Research Fellow
As we celebrate and engage with our community partners during this Pride Month, we at the Legal Aid Society are compelled to reflect upon the specific contours of how broader legal issues frequently carry a unique, often heightened impact on the LGBTQ+ community.
One vestige of this reality can be found in our services for survivors of domestic violence. The broad national figures on this issue present a troubling image in their own right: Among the general public, one in four women and one in nine men will experience severe intimate partner physical violence, intimate partner sexual violence, or intimate partner stalking at some point in their lifetime. The resulting trauma can carry long-term effects, both seen and unseen.
Studies show that lesbian, gay, and bisexual individuals experience equal or greater amounts of domestic violence when compared with their heterosexual counterparts.[1] For example, bisexual women are 2.6 times more likely to report ever having experienced intimate partner sexual violence compared to heterosexual women.[2] With respect to transgender individuals, a national survey found that more than half (54%) of respondents had experienced some form of intimate partner abuse.[3] Further, a state-level health study revealed that over one-third of transgender respondents specifically reported the presence of physical violence against them by an intimate partner.[4]
As the impacts of domestic violence extend into the LGBTQ+ community, it is vital that civil legal services follow, too. The Legal Aid Society can provide survivors with assistance for obtaining a protective order, navigating the divorce process, filing for child custody, strategizing a safety plan, and much more. Nationwide advocates for LGBTQ+ victims have identified distinct patterns of abuse that exist solely in the context of sexual minorities. The American Bar Association’s Commission on Domestic Violence reported that although many of the same methods of control used by heterosexual domestic abusers are also used by LGBTQ+ abusers, victims within that community face unique forms of manipulation related to their sexual orientation or gender identity.[5] For example, “by threatening to ‘out’ the victim of intimate partner violence to their family or employer if they attempt to reveal abuse, the abusive partner can make reporting violence to social services far more difficult.”[6] Recognizing these nuances and properly advocating on behalf of our clients who identify as part of the LGBTQ+ community remains an essential goal for our advocates.
While it is clear that domestic violence victimization in the LGBTQ+ community occurs at alarming rates, we must also acknowledge that this widespread trauma is further exacerbated by the distinct barriers and concerns that LGBTQ+ survivors may encounter when reaching out for help. As one study explained, “Sexual minorities may not disclose their victimization experiences and seek out formal services (e.g., advocacy services, law enforcement protection, legal services, rape crisis centers, or domestic violence shelters) due to the concern of homophobia and fear of discrimination or of not being believed.”[7] The process of removing these barriers begins with service providers like the Legal Aid Society. We remain committed to providing equal service and representation for all. This principle exists at the core of our mission. Our goal for this Pride Month, and every month, is to put equal justice into action. As this community continues to confront issues ranging from domestic violence to other civil legal matters related to income, family, housing, safety, and health, the Legal Aid Society stands at the ready to provide unparalleled advocacy and supportive services for the LGBTQ+ population in our service area.
[1] Mikel L. Walters, et al., The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 findings on victimization by sexual orientation, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (2013), https://www.cdc.gov/violenceprevention/pdf/nisvs_sofindings.pdf
[2] Taylor N.T. Brown & Jody L. Herman, Intimate Partner Violence and Sexual Abuse Among LGBT People: A review of existing research, The Williams Institute, UCLA School of Law (2015), https://williamsinstitute.law.ucla.edu/wp-content/uploads/IPV-Sexual-Abuse-Among-LGBT-Nov-2015.pdf.
[3] Sandy E. James, et al., The Report of the 2015 U.S. Transgender Survey, National Center for Transgender Equality 206 (2016), https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf.
[4] Stewart Landers & Paola Gilsanz, The health of lesbian, gay, bisexual, and transgender (LGBT) persons in Massachusetts: A survey of health issues comparing LGBT
persons with their heterosexual and non‐transgender counterparts, Massachusetts Department of Public Health (2009), https://www.mass.gov/files/documents/2016/07/ra/lgbt-health-report.pdf.
[5] What Rights Do I Have As An LGBT Victim of Domestic Violence?, The American Bar Association (April 3, 2013), https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/publications/ABA_LGBT-rights_Final.authcheckdam.pdf.
[6] Finbarr Toesland, Coronavirus restrictions highlight LGBTQ domestic abuse crisis, NBC News (April 17, 2020), https://www.nbcnews.com/feature/nbc-out/coronavirus-restrictions-highlight-lgbtq-domestic-abuse-crisis-n1186376.
[7] Jieru Chen, et al., Sexual Violence, Stalking, and Intimate Partner Violence by Sexual Orientation, United States, 10(1) Psychology of Violence 110-119, 112 (2020), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7020247/pdf/nihms-1063180.pdf.