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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
ching of certain body parts, forced prostitution, being forced to undress in front of others, improper behaviour during body searches,
voyeurism in cells or showers, and obscene comments or sexualised
gestures. The effects of non-consensual sex include a wide range
of physical and psychological harms, including sexually transmitted
infections (STIs) such as HIV and hepatitis, depression, anxiety, self-harm, and post-traumatic stress disorders.
Verbal violence is the least visible form of violence, but it is often
the gateway to bullying and physical violence, especially when unchallenged by staff. Homophobic or transphobic name-calling and
mocking, the deliberate improper use of pronouns with trans detainees, as well as forced disclosure of sexual orientation and gender
identity by staff or other detainees, have harmful and long-lasting
impact on detainees. When prison staff and management do not
challenge such behaviours, they participate in creating a homophobic and transphobic climate wherein not only insults, but also physical violence, may go unpunished.
Discrimination against LGBTI detainees might also be justified by
reference to religious teachings or cultural norms that are not questioned by prison staff. Prison staff may not react to allegations of
rape by fellow inmates that are made by gay detainees, as a result of
conflating their sexual orientation with consent to sexual activities.
The stigmatisation of LGBTI detainees in some prisons is so great
that they are treated as complete outcasts. In some cases, they are
obliged to wear special uniforms or other distinctive signs, and coerced to perform the least rewarding tasks, including cleaning services. There are also reports of gay detainees being tattooed against
their will to “mark” them as homosexuals.
Lesbians are particularly exposed to violence by staff, and even
more so when they are under the supervision of male guards. Female detainees viewed as “masculine” in appearance by guards can be
subjected to harassment, physical abuse, and “forced feminization”.
Specific abuses include so-called “corrective rapes” and being placed in cells with men for refusing sexual advances by prison staff.
They can also be coerced into sex with prison staff, sometimes in
return for favours such as cigarettes or alcohol.
Trans detainees, in particular trans women, face unique exposure
to violence from both staff and fellow inmates, which can include
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