Sexual assault statistics for LGBTQ individuals are provided by The Trevor Project through its sexual violence survey, have revealed alarming results. Young LGBT people report higher rates of sexual violence than the rest of the population. The data reveal that 39% of LGBTQ youth from ages 13 to 18 reported that they had been forced to engage in sexual coercion, or do sexual things they did not want to do.
Sexual violence is associated with higher suicide risk among young people who identify as LGBTQ+. For the age bracket of 18 to 24, 46% reported they had forced sexual contact, with 53% experiencing forced sexual intercourse. Transgender people, nonbinary people, and gender-questioning people in these communities reported significantly higher rates of being forced into sexual contact at 44%.
Additional statistics reveal that 47% of transgender people will experience sexual assault in their lifetime. Among gay men, 40% have reported experiencing sexual violence, while 47% of bisexual men have reported being victims of sexual violence. At some point in their lifetime, 1 in 8 lesbian women will be sexually assaulted. For bisexual women, 1 in 5 have reported being raped through intimate partner violence.
It is also important to recognize that not everyone reports instances of sexual violence. This is true regardless of sexual orientation. Many people feel embarrassed to report it, or are even made to feel as though they deserved it. While these key findings provide a glimpse, the number of those who experience violence and sexual violence in this community is likely much higher.
Impact of Sexual Assault on the LGBTQ Community
Sexual violence, whether it is a form of intimate partner violence or sexual victimization by an unknown perpetrator, is a traumatic event for any person, regardless of sexual orientation. However, survivors in the LGBT group face additional trauma.
Many survivors internalize these attacks, feeling shame and blaming themselves. Others are the victims of sexual violence because they were targeted for being gay or trans. These acts of sexual violence may also cause confusion or discomfort with one’s gender identity or sexual orientation.
While it’s not unique to LGBT abuse survivors, substance abuse issues tend to arise after events of sexual violence. Those who have endured sexual harassment or sexual abuse who are gay or lesbian have a higher risk rates of falling into substance abuse compared to heterosexual women or heterosexual men.
Seeking support is another issue since some gay men, bisexual men, lesbian women, and bisexual women often fear having to reveal their sexual orientation or gender identity before they feel ready to tell their loved ones. This is not something that is faced by their cisgender counterparts when sexual violence occurs.
Legal Challenges Faced by LGBTQ Survivors of Sexual Assault
Along with underreporting instances of sexual violence among these communities, there are legal challenges that may arise in both criminal cases and the civil lawsuits that follow:
Fear of Being Outed
Survivors are often fearful of reporting sexual violence when they haven’t yet come out to their family, friends, or employers. The fear of discrimination or abandonment is a huge concern that may make them hesitant to report the event. The more time that passes between the instance of sexual violence and reporting, the more scrutiny they may undergo.
Concern About Stereotypes
Some survivors are concerned that if they report a same-sex sexual violence event or domestic violence, it will reinforce negative stereotypes about gay men and lesbian women. This may cause them to hold off on seeking justice.
Juror Bias
While reporting sexual violence will result in criminal charges against the attacker, when it comes to bringing a civil suit on harms suffered, such as physical injuries or mental impacts, some jurors may be biased. Some of them may discount the testimony of witnesses who identify as gay men, lesbian women, bisexual women, bisexual men, or transgender.
Issues with Opposing Counsel
The defendant’s attorney may use the sexual orientation of the victim as a way to intimidate or reduce their credibility. This could influence the judge or further fuel a lack of understanding of sexual violence among those in these communities.
Wagner Reese’s Approach to Advocating for the Rights of LGBTQ People
At Wagner Reese, no matter your sexual orientation, our team of attorneys is here to advocate for your LGBTQ rights and legal help. We view you as a person and treat you with the compassion you deserve while guiding you through your legal options.
No one deserves to endure sexual assault, and sexual violence based on sexual orientation is something that must be condemned. With rates of sexual victimization higher for these groups, it is imperative that someone with a full understanding of sexual assault cases provides representation. If you have experienced rape or any act of sexual violence victimization, contact our legal team for advocacy and they will fight for justice on your behalf.
Legal Recourse for Those Who Have Experienced Sexual Violence
Get LGBTQ assault legal support and justice for assault victims. The first step is to file a complaint with the police. Sexual violence of any kind is a crime, no matter who it happens to, and making this report is the first step. The attorneys at Wagner Reese understand that it may be hard to come forward due to your sexual orientation and can support you when you take this step.
While the criminal justice system will prosecute the crime, you can file a civil lawsuit whether you report it and no conviction arises or you are too afraid to file a report.
Overview of the Legal Process for Civil Cases of Sexual Assault
As a survivor, you have legal rights that allow you to seek compensation for the injuries and damages sustained through this crime. The first step is to consult an attorney who has experience working on these types of cases.
Your attorney will gather evidence and file a complaint against all liable parties. This may go beyond the person who raped or committed another sexually violent act against you and include any institution that allowed it to happen by enabling, failing to prevent, or facilitating the abuse.
Once the lawsuit has been filed, your attorney will work to fight for the compensation you deserve. This may include your medical bills to treat the injuries caused during the assault as well as medical expenses for therapy needed to help you work through your trauma. If this traumatic event made it impossible for you to work, you could also seek lost wages. Non-economic damages such as mental anguish and loss of enjoyment of life may also be sought.
Civil lawsuits most commonly resolve through settlement negotiations, though if you and your attorney feel the sum offered is insufficient, the case will proceed to trial. While you might be concerned for how you are viewed based on your sexual orientation, the attorneys at Wagner Reese will fully advocate for your legal rights and litigate on your behalf in the courtroom.
Any case can bring up traumatic memories for victims, regardless of their background. Our goal is to reduce your trauma and help you move forward.
Resources and Support Networks Available for LGBTQ Individuals
If you or someone you know is suffering with the burden of all these emotions after experiencing sexual violence as a gay, lesbian, or transgender person, getting help is the most important step. You can contact our attorneys at Wagner Reese to speak with full confidentiality about your situation. We also encourage you to get the help you need from groups that provide support for LGBTQ individuals.
The Trevor Project, mentioned earlier for the statistics provided, helps with crisis intervention and suicide prevention for those between the ages of 13 and 24 with a confidential 24/7 lifeline at 1-866-488-7386 or by texting “START” to 678-678. RAINN is focused on anti-sexual violence for all, and also has a 24/7 phone line, 800-656-HOPE, which can connect you to local help. It is also confidential. For members of the trans community, Trans Lifeline has a toll-free number: 877-565-8860.
Bottom line: no matter who you are or how you identify, no one should ever sexually assault you. Let us help you get the help you need to move forward and take legal action. For more reading, take a look at teen sexual assault lawsuits and prison sexual assault cases.
