Juvenile Justice

LGBTQ Youth

LGBT youth represent at least 13 percent of the total detained population in the juvenile justice system.1 LGBT youth may become involved in the system through unique pathways. Some examples include:

  • family rejection and subsequent homelessness, either because youth run away or are forced to leave their homes;
  • detention for consensual, age-appropriate, same-sex behavior; or
  • non-violent survival acts while homeless.2

While LGBT youth have the right to the same safe conditions and protection from harassment and violence within juvenile justice facilities as their peers3 within juvenile justice facilities, there are few policies to prevent discrimination, bias, and harassment of LGBT youth, and staff are often not trained to create a safe environment for LGBT youth.4 As a result, many of these youth experience a juvenile justice system that is biased and abusive. LGBT youth in juvenile justice settings may experience high levels of verbal, physical, or sexual abuse and humiliation from peers and adults. Rather than address the harassment and abuse, LGBT youth are often moved to a more restrictive or isolated environment.5 LGBT youth may also be labeled as sex offenders, despite no such history, and experience inequitable punishment because of age-appropriate conduct.6 It is important for juvenile justice facilities to establish policies that protect LGBT youth from harassment and discrimination and to ensure that staff is well trained in the unique experiences of LGBT youth to create safe and supportive environments for youth and appropriately address harassment and abuse.7

Resources

National Institute of Corrections, U.S. Department of Justice
This library contains resources related to LGBT youth, with a specific section on “gender identity issues” as they relate to juvenile justice.

1 Majd, Marksamer, & Reyes, 2009
2 Majd, Marksamer, & Reyes, 2009
3 Estrada & Marksamer, 2006
4 Estrada & Marksamer, 2006; National Center for Lesbian Rights, 2006
5 Estrada & Marksamer, 2006; Majd, Marksamer, & Reyes, 2009; National Center for Lesbian Rights, 2006
6 Estrada & Marksamer, 2006; Majd, Marksamer, & Reyes, 2009
7 Estrada & Marksamer, 2006; National Center for Lesbian Rights, 2006