Gender Identity, Hate Crime and Community Safety

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“Getting to know us...” The LGBT Excellence Centre Wales is a social enterprise and a charity that supports Gay, Lesbian, Bisexual, and Transgender people and promotes equality, diversity and human rights through gathering and sharing information and good practice. We provide: Advice Mediation Advocacy

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In the following areas: Benefits ● Bullying ● Civil Partnerships Coming Out ● Discrimination ● Domestic Violence ● Employment ● Funding ● Gender Identity ● Hate Crime ● Health ● Homelessness ● Housing Immigration ● Legal Matters ● Relationships Sexuality ● Sexual Orientation ●Social Care ● Volunteering

Support Reporting Report Hate-Safer Wales. Iin partnership with four Welsh police services but details only being passed to the police where people agree. See Safer Wales (www.saferwales.com)

Depend An organisation offering free, non-judgemental advice, information and support to all family members, spouses, partners and friends of transsexual people in the UK. (www.depend.org.uk)

South Wales Police (www.south-wales.police.uk) North Wales Police (www.south-wales.police.uk) Dyfed-Powys Police (www.dyfed-powis.police.uk) Gwent Police (www.gwent.police.uk) Victim Support Support for victims of hate crime 0845 6121 900. Information and Advice National Trans Police Association. Trans police officers and staff who work in the police service, many of whom transitioned at work. (www.ntpa.co.uk) Unique UNIQUE is a voluntary organisation supporting trans-gendered people in North Wales and West Cheshire. (www.uniquetg.org.uk)

Gender Trust Supporting all those affected by gender identity issues (www.gendertrust.org.uk) Guidance GIRES A wealth of information for trans people, their families and the professionals who care for them. They also have a transphobic crime reporting service (www.tcrime.net) (www.gires.org.uk) Press for Change can advise on all gender identity matters (www.pfc.org.uk) Counselling Services LGBT Excellence Centre 0800 023 2201

Gender Identity, Hate Crime & Community Safety

Photography © LGBT Excellence Centre and Juliana Kammerlander

This leaflet is part of a series on gender identity produced by the LGBT Excellence Centre Wales with funding from Awards for All.

LGBT Excellence Centre Suite 1 & 2 376, Newport Road Cardiff CF23 9AE Freephone: 0800 023 2201 Web: www.ecwales.org.uk Email: info@ecwales.org.uk

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Under the Equality Act 2010 it is illegal to discriminate against anyone as a result of being associated with a trans person, or even if someone is mistakenly thought to be a trans person.

Trans-Forming Community Safety A hate crime is one committed by a person who is motivated by prejudice or hostility towards a another person’s perceived identity. In other words, the crime would not have been committed had the victim not been of a particular ethnic or racial group, or transgender; gay or bisexual; of a particular faith, racial or ethnic group; or had a disability. A hate crime can be verbal abuse, threatening behaviour, physical violence, damage to property or murder. Press for Change

The Law The Single Equality Act 2010 makes it clear that it is unlawful to discriminate on grounds of gender and gender reassignment. The Gender Recognition Act 2004 enables transsexual people to apply for 'gender recognition' and those born in the UK can obtain a new birth certificate. Gender recognition will mean that transsexual people must be treated fully as of their new sex for all legal purposes.

The Issues  Many trans people worry about confidentiality when reporting a crime or giving evidence, and are sensitive as to what details are made public, especially to the press who like to sensationalise stories.

 Confidence in the police to investigate with sensitivity and understanding is low. Trans people worry about being discriminated against by the police themselves. Many organisations supporting trans people

would like to see greater contacts between the police and them.

 For those trans people who are arrested and or imprisoned, there is always the concern about suitable accommodation in prison cells and the appropriate prisons.

 All hate related incidents should be reported even if you do not wish the police to be told. The LGBT Excellence Centre, Safer Wales and GIRES will pass data (without revealing identities) to the police and criminal justice service. This is important because the collection of this data can help prevent further hate crimes.

A true experience I reported an instance of a transphobic hate crime in which I was assaulted and beaten up by youth. After having reported the attack to the police and given the actual names and surnames of the people involved, I was told that there was not enough evidence. Nothing was done. Ken

Suggested Reading Hate Crime and the City 2008 P. Iganski The Policy Press, Bristol Engendered Penalties: Transgender and Transsexual people’s experiences of Inequality and Discrimination 2007 S Whittle, L Turner & M Al-Alami, Equalities Review, London Transphobic Hate Crime in the EU available to download from Press for Change (www.pfc.org.uk/files/ Transphobic_Hate_Crime_in_EU.pdf) Policy for Prosecuting Cases of Homophobic and Transphobic Hate Crime (www.cps.gov.uk/publications/ docs/htc_policy.pdf) Trans Research Review (www.equalityhumanrights.com/uploaded_files/research/ trans_research_review_rep27.pdf)

Some good practice:  All police and legal services should be aware of the Single Equality Act 2010.  All hate crimes should include full gender details in order to monitor hate crimes more effectively and provide efficient data to raise awareness of transphobic crimes.  Care should be taken not to record trans crimes as homophobic  More diversity training for police and other support workers.


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