The LGBT Offender

Dennis, Jeffery P.

doi:10.1007/978-1-4614-9188-0_5

Cited by 12 publications

(10 citation statements)

References 19 publications

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“…Young queer people experience criminalisation for same-sex sexual behaviour (Dwyer 2014;Curtin 2002;Hunt & Moodie-Mills 2012), especially those queer people residing in states where an uneven age of consent has applied to same sex relationships (Dwyer 2011;Dennis 2013). Queers have been subject to over-policing in the night time economy (Dwyer 2012;Dwyer & Ball 2009), with gay men criminalised for their use of public spaces (such as beats) (Dalton 2008), and all queers over-policed in quasi-private spaces (such as using 'sniffer dogs' in LGBTQ nightclubs; Dwyer 2011) and police raids on LGBTQ identified nightclubs, like the raid on the Tasty nightclub in Melbourne in 1994 (Russell 2015).…”

Section: Criminalisation Of Sexuality and Gender Identitymentioning

confidence: 99%

“…It is also important to understand the impact of these human rights deficiencies in Australian policies and practices (Richards & Dwyer 2014), and consider how restrictions imposed on queer peoples' social citizenship (through limitations on recognition of same-sex relationships and rights to adopt) may also shape their experience of incarceration (such as conjugal rights for ACT and Victorian offenders, and access visits from non-biological children) (Indig et al 2009;Wiggum 2008-9;Wolfe 2008). In addition to heterosexist attitudes and violence from criminal processing staff, the lack of awareness and acknowledgement of queers in police detention, prisons, and on community sentences can mean that rehabilitation, education, and support programs may exclude their needs (Belknap et al 2013;Curtin 2002;Richie 2014;Dennis 2013;Irvine 2010).…”

Section: Queering Criminal Career Researchmentioning

confidence: 99%

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A Queer Criminal Career

Asquith

Dwyer

Simpson

2017

Current Issues in Criminal Justice

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Since the publication of Moffitt's (1993) important research on adolescence-limited and life-coursepersistent offending, there has been a renewal of the often tacit goal of criminology of identifying the individual factors that facilitate and inhibit deviant behaviour. In focusing on early childhood biological, genetic and psychological development, and considering social environment only as a mediating factor, these approaches miss some of the queer pathways to crime. While queer criminology has done much to highlight how sexuality and gender diversity shapes victimisation, everyday offending by sexuality and gender diverse people remains opaque. We argue that examining offending by queer people inevitably destabilises takenfor-granted ideas about offending and desistance from offending. Moreover, given the increasing numbers of young people identifying as queer 1 , and that they are more likely to be sanctioned by criminal processing systems, we highlight the importance of exploring the experiences of queer young people. Here we suggest a critical criminological lens can queer 2 (Ault 1996) notions of desistance and offending and offer up an alternative, queer criminal career, which starts not with bio-psychological dysfunctioning, but with social exclusion and criminalisation of identity. Due to the preponderance of research in the United States and United Kingdom around these issues, we draw primarily on this research to contend that social exclusion and criminalisation are key factors that collide to produce a queer criminal career. Further, we suggest that any work on these queer experiences in Australia is also likely engaging with the social exclusion and criminalisation of non-white, specifically Aboriginal and Torres Strait islander, peoples. CICJ 1 A QUEER CRIMINAL CAREER'Gender non-conforming' refers to people whose gender expression diverges from the norms expected for their gender, but still identify with the sex they were designated at birth (Irvine 2010). 9Cisgender is the opposite to transgender, and denotes those women who identify with their sex at birth.

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Section: Criminalisation Of Sexuality and Gender Identitymentioning

confidence: 99%

Section: Queering Criminal Career Researchmentioning

confidence: 99%

A Queer Criminal Career

Asquith

Dwyer

Simpson

2017

Current Issues in Criminal Justice

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“…Queer 2 bodies, desires, and forms of life have been and continue to be marginalized within the health establishment and broader society due to the pathologization and stigmatization of non-heterosexual practices and non-heteronormative sex and gender variance which have been and largely continue to be regarded as moral perversions, physiological malfunctions, and mental illnesses (De Block and Adriaens 2013;Drescher 2010;Eckhert 2016;Fausto-Sterling 2000;Valdiserri et al 2018). For example, homosexuality was defined as a psychiatric disorder until 1973 (Drescher 2010), men who actively have sex with men are still banned from donating blood in the US (Caplan 2010;Cohen, Feigenbaum, and Adashi 2014), sex education curricula in US public schools more often than not address only heterosexual and cisgender bodies and practices (Kosciw and Gay 2014;Pound, Langford, and Campbell 2016), homosexuality and gender norm transgression have been explicitly criminalised (Dennis 2014;Mogul, Ritchie, and Whitlock 2011), and the discrimination of queer people in housing and employment is widespread (Badgett et al 2007;Friedman et al 2013;Sears and Mallory 2011). In light of this pervasive structural, political, and social stigmatization and marginalization, "queer" has become one way to talk about "nonnormative" sexualities and genders -about bodies and desires that deviate from proscribed, hegemonic norms.…”

Section: Introductionmentioning

confidence: 99%

Is Smoking Queer? Implications of California Tobacco Denormalization Strategies for Queer Current and Former Smokers

et al. 2019

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This article is concerned with normative conceptions of health structuring tobacco control strategies designed to "denormalize" tobacco use. Analysis of 201 interviews with nonheterosexual and/or non-cisgender adults in California revealed that participants implicated tobacco use in exacerbating health inequities and perpetuating harmful narratives of queer suffering, but also regarded smoking as a critical tool for self-care and symbol of resistance. Participant narratives suggest that using stigma in health promotion efforts which reinforce normative conceptions of health may be harmful to queer people whose social identities exist within ongoing legacies of pathology, health stigma, and deviance from hegemonic structural norms.

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“…While only sodomy was illegal, gay men who made "unwanted" advances towards heterosexual men could also find themselves before the court for "forcible assault" or "attempted buggery," even when penetrative sex was not attempted (Brickell, 2008, p. 36). Although convictions were not inevitable for this "offending," this stigmatised framing of the LGBTQ+/queer person makes it difficult to talk about the "gay criminal" in a vacuum (Dennis, 2014). Due to the history of queer stigma and criminalisation, some LGBTQ+/queer people may not wish to access justice in its current form (Calton et al, 2016).…”

Section: Lgbtq+/queer Issues In Access To Justicementioning

confidence: 99%

“…In the past, some people labelled gender and sexually diverse people as criminals who required incarceration or conversion 12 to be "corrected" (Dennis, 2014). Later, the notion of the "perfect victims" encouraged the idea that takatāpui/LGBTQ+/queer people presented themselves in ways that would invite heterosexual violence against them (Dennis, 2014). This forced takatāpui/LGBTQ+/queer people in New Zealand into the shadows of society (Dennis, 2014).…”

Section: Lgbtq+/queer Issues In Access To Justicementioning

confidence: 99%

Queering the Courts

Sewell

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<p><strong>Takatāpui/LGBTQ+/queer people can face increased victimisation (Ministry of Justice, 2022b) and criminalisation (Mogul, Ritchie, & Whitlock, 2011), although the literature is still developing in New Zealand. As discussions around justice and awareness of LGBTQ+/queer issues grow, now is an opportune time to examine the experiences of takatāpui/LGBTQ+/queer people in New Zealand’s District Courts. This thesis explores the experiences of takatāpui/LGBTQ+/queer people accessing justice as defendants and victims in New Zealand’s Courts. It also investigates how structures and institutions, such as justice systems, patriarchy, and gender in New Zealand, shape the experience of takatāpui/LGBTQ+/queer people accessing justice as defendants and victims in New Zealand’s Courts. Using qualitative research methods, this study takes a critical realist constructionist view of the participants' perceptions of the justice system and their experiences accessing justice. The data and literature are critically assessed through queer and critical theory frameworks. The participant experiences are viewed alongside the key themes of access to justice, intersectionality, and stigma. This study finds that the experience of accessing justice in New Zealand spans more than just the court experience, including how the cisheteropatriarchy and other social structures may be institutionalised within formal justice systems, such as the Courts, Judiciary, Police, and the legal profession. These legal institutions, and the professionals within them, are shown to influence the experience of accessing justice for the study participants. Importantly, some participants noted that adverse experiences in court could lead to hesitancy to access justice in the future. The experiences presented in this thesis suggest that justice institutions, specifically the New Zealand District Court, may create obstacles for takatāpui/LGBTQ+/queer people accessing justice.</strong></p>

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The LGBT Offender

Cited by 12 publications

References 19 publications

A Queer Criminal Career

A Queer Criminal Career

Is Smoking Queer? Implications of California Tobacco Denormalization Strategies for Queer Current and Former Smokers

Queering the Courts

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