[HB 2] overrides a recently passed LGBT nondiscrimination ordinance in Charlotte, prevents local governments from enacting a range of nondiscrimination and employment policies, and requires all public facilities, including schools, to allow restroom access only on the basis of “biological sex.” This bill specifically excludes LGBTQ people from legal protections and jeopardizes billions of dollars in federal funds that NC schools receive under Title IX, which prohibits sex discrimination, including discrimination against transgender students.
A central argument in this case was about the prevention of sexual violence and the use and safety of public bathrooms. NCCASA is deeply committed to the prevention of all sexual violence, and it is essential that any efforts to do so are rooted in fact. What we know to be true is that the majority of sexual violence is perpetrated by someone the victim knows in a familiar place, rather than by a stranger in a public place. 200 cities across the nation have protections in place similar to the Charlotte ordinance, and none of them have reported an increase in sexual violence related to these protections.
On the other hand, physical and verbal assaults on transgender people in public bathrooms are not rare, and over 50% of transgender people have experienced sexual violence. We cannot end sexual violence unless we are committed to ending sexual violence for all people. What will actually prevent and end sexual violence is for us to create a culture in which respect for the identities and bodily autonomy of others is a deeply held value. Policies prohibiting discrimination based on one’s sexuality and gender identity, like the one passed in Charlotte, are a positive step toward ending sexual violence.
The Center maintains a commitment to providing excellent and culturally competent services to survivors of all genders, including support for survivors of gender-based or trans-phobic sexual harassment and specialized support groups for LGBTQ survivors of sexual violence.
Transgender Day of Remembrance (TDOR) is an annual event, during which members of the LGBTQ community and allies across the country gather and hold vigils to honor the memories of transgender men and women whose lives have been taken by acts of violence. This will be a big year for the TDOR vigil because since the first of the year, it’s estimated that 20 transgender individuals have been murdered in the United States… that we know of.
So what does this have to do with sexual violence?
The violence inflicted on transgender individuals includes rape and sexual assault. In fact, transgender individuals are at extremely high risk of becoming victims of sexual violence. The statistics are startling. It’s estimated that one in two transgender individuals have experienced sexual abuse or assault. The rates of sexual violence only increase when you take a deeper look at the transgender community. Those who are at the greatest risk of victimization are also the most marginalized members of the LGBTQ community and society at large:
Transgender youth – 12%
Transgender individuals of color – 13%
Transgender individuals who are homeless – 22%
Ok, that’s pretty rough, but that’s why we have rape crisis centers, right?
Yes, to an extent, that is true. However, transgender survivors face significant barriers when attempting to access support services. It is well known that the majority of all sexual assaults – 68% – are not reported to the police. Survivors have many valid reasons to not make a report, such as fear of retaliation, not wanting the offender to get in trouble (especially if the survivor knows them), fear of getting in trouble if they were using drugs or drinking underage when they were assaulted, fear of facing deportation if they are undocumented, and more. A major reason that sexual assaults go unreported is that survivors often feel re-victimized in the process, a type of trauma known as secondary victimization. Victim-blaming attitudes and insensitivity on the part of service providers further traumatizes survivors, especially those who identify as transgender or gender non-conforming. In the case of transgender individuals, the perpetrators of sexual violence are sometimes service providers, institutions, and “helping” professionals themselves. Many transgender survivors have reported being sexually assaulted by police officers and health care professionals.