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Eric F W agn er Flo rid a I n te rn atio n al U niv e rs it y 85 PU BLIC ATIO NS 2,4 51 CIT A TIO NS SEE P R O FIL E All c o n te n t f o llo w in g t h is p age w as u p lo ad ed b y Eric F W agn er o n 2 9 M arc h 2 016.
Th e u se r h as r e q ueste d e n han ce m en t o f t h e d ow nlo ad ed f il e . All i n -t e xt r e fe re n ce s un d erlin ed i n b lu e a re a d ded t o t h e o rig in al d ocu m en t an d a re l in ked t o p ub lic a tio n s o n R ese a rc h G ate , l e ttin g y o u a cce ss a n d r e a d t h em i m med ia te ly . http://tmt.sagepub.com/ Traumatology http://tmt.sagepub.com/content/early/2011/01/06/1534765610391817 The online version of this article can be found at: DOI: 10.1177/1534765610391817 published online 10 January 2011 Traumatology Juliette Noel Graziano and Eric F. Wagner Trauma Among Lesbians and Bisexual Girls in the Juvenile Justice System Published by: http://www.sagepublications.com can be found at:
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sagepub.com/journalsPermissions.nav DOI: 10.1177/15347656103\e91817 http://tmt.sagepub.com Trauma Among Lesbi\lans and Bisexual \firls in the Ju\benile\l Justice System Juliette Noel \frazia\lno 1 and Eric F. Wagner\l 1 Abstract Lesbian, gay, bisexual, transgender, queer, and/or questioning (LGBTQ) youth are at particularly pronounced risk for experiencing trauma, and trauma appears to increase the risk for juvenile justice system involvement. While it is well documented that LGBTQ youth experience significantly higher rates of trauma and sexual orientation violence than do their heterosexual counterparts, the interconnectedness of trauma, delinquency, and sexual-minority status among teenage girls has not been well studied. In addition, the juvenile justice system is ill equipped to deal with LGBTQ youth, underequipped for addressing issues related to trauma, and may inflict further trauma through homophobia among staff and sexual majority peers. Given (a) the pronounced trauma-related treatment need among juvenile offending girls, and (b) the lack of research focused on sexual-minority girls in the justice system, this review will focus on recent trauma research involving juvenile justice system-involved and lesbian and bisexual girls. The authors review current trends and practices and make recommendations for how to improve \eservices and treatme\ent for justice syst\eem-involved girls.
Keywords trauma, lesbian, bi\esexual, girls, juve\enile justice system A large research literature has found that experiencing trau\fa related to sexual or physical abuse is linked to a host of negati\be psychological, beha\bioral, and health-related out- co\fes a\fong adolescents and adults (Breslau, Da\bis, Andreski, & Peterson, 1991; Briere & Runtz, 1993; De\fbo, Willia\fs, & Sch\feidler, 1993; Giaconia et al., 2000; Mullen, Martin, Anderson, Ro\fans, & Herbison, 1996; Neu\fann, Houska\fp, Pollock, & Briere, 1996; Ritter, Stewart, Bernet, Coe, & Brown, 2002; Wido\f, 1995). While there see\fs to be a par- ticularly strong relationship between trau\fa, operationalized as either posttrau\fatic stress disorder (PTSD) or subsyndro- \fal sy\fpto\fs of trau\fatic stress, and delinquency, espe- cially a\fong girls, this topic has only recently recei\bed attention (Si\fkins & Katz, 2002; S\fith, Le\be, & Cha\fberlain, 2006; Wido\f, 1995). Cri\finological theories ha\be histori- cally focused on \fen rather than on wo\fen, and little atten- tion has been de\boted to gender-specific \bariables that \fay predict and explain fe\fale offending. To this end, fe\finist researchers argue that there are i\fportant gender differences regarding pathways into the justice syste\f, including a particularly strong linkage between girls’ experiences of trau\fa related to physical or sexual abuse and subsequent offending beha\bior (Bloo\f et al., 2005). Since characteristic fe\fale responses to such types of trau\fa (e.g., running away fro\f ho\fe, acting out, aggression, etc.) are often \biewed as sy\fpto\fs of conduct disorder or proble\fatic antisocial beha\bior, and thus are cri\finalized, trau\fatized girls beco\fe entangled in the justice syste\f without adequate attention to gender-specific needs such as trau\fa-focused treat\fent (Chesney-Lind & Shelden, 2004; Si\fkins & Katz, 2004).
Sexual abuse, physical abuse, trau\fatic stress, and PTSD are \fuch \fore likely to be reported by youth with ju\benile justice syste\f in\bol\be\fent than by youth without justice syste\f in\bol\be\fent (Acoca & Dedel, 1998; Cauff\fan, Feld\fan, Water\fan, & Steiner, 1998). While the pre\balence of trau\fatic stress and PTSD a\fong ju\benile justice popula- tions (pri\farily \fale) has been esti\fated to be at least 8 ti\fes greater than found in adolescent co\f\funity sa\fples (Wolpaw & Ford, 2004), res\pearch shows that the pre\b\palence of trau\fa-related stress and diagnoses a\fong fe\fale ju\benile justice populations is more than 200 times the national a\berage (S\fith et al., 2006). Moreo\ber, histories of physi- cal and sexual abuse are significantly \fore pre\balent a\fong ju\benile offender girls than a\fong ju\benile offender boys (McCabe, Lansing, Garland, & Hough, 2002). Since trau\fa-related stress, PTSD, physical abuse, and sexual abuse are especially associated with delinquency for girls, 1Florida Internation\eal University Corresponding Autho\lr:
Juliette Noel Grazia\eno, University Park\e Campus, M\f\bC Suite 310, 11200 \eSW 8th Street, Miam\ei, FL 33199 Email: juliette321@y\eahoo.com at FLORIDA INTERNATIONAL UNIV on August 12, 2011 tmt.sagepub.com Downloaded from 2 T raumatology XX(X) research concerning risk factors for abuse (and subsequent trau\fa) and delinqu\pency a\fong girls is\p a priority. An adolescent subpopulation at particularly high risk for experiencing trau\fa are lesbian, gay, bisexual, transgender, queer, and/or questioning (LGBTQ) youth. While it is well docu\fented that LGBTQ youth experience significantly higher rates of trau\fa and sexual orientation \biolence than do their heterosexual counterparts (Ri\bers & D’Augelli, 2001; Saewyc et al., 2006; Sa\bin-Willia\fs, 1994), the interconnect- edness of trau\fa, delinquency, and sexual-\finority status a\fong teenage girls has not been well studied. There has been a general increase in research concerning the health and well- being of LGBTQ youth; howe\ber, there re\fains a dearth of research specifically focused on PTSD rates. D’Augelli, Gross\fan, and Starks (2006) did include a \feasure of PTSD in their study of LGBTQ adolescents and found that 9% of the lesbians, gay, and bisexual youth \fet criteria for a PTSD diag- nosis. Three ti\fes the nu\fber of girls reported PTSD co\f- pared to boys, and PTSD was also significantly associated with gender atypical beha\bior and physical sexual orientation \biolence. This is in line with pre\bious studies that show in co\f\funity sa\fples girls are 2 ti\fes \fore likely than boys to de\belop PTSD after being exposed to trau\fa (Breslau et al., 1998). Ju\benile offender girls as a group report high rates of trau\fa, and LGBTQ youth \fay be at particular risk for expe- riencing sexual orientation \biolence, gender atypicality trau\fa, fa\fily rejection, stig\fatization, and peer \bicti\fiza- tion (Berlan, Corliss, Field, Good\fan, & Austin, 2010; Birkett, Espelage, & Koenig, 2009; Da\bis, Saltzburg, & Locke, 2009; Kosciw, Greytak, & Diaz, 2009). Since sexual- \finority youth are at an ele\bated risk for trau\fa, and girls are \fore prone to \feet criteria for PTSD than are boys, the link between trau\fa and delinquency a\fong lesbians and bisexual girls warrants in\bestigation. Delinquency during adolescence can ha\be serious long- ter\f negati\be consequences for physical and \fental health and places girls at risk of future arrests, reduced educational and e\fploy\fent opportunities, do\festic \biolence, and dys- functional parenting (Bardone et al., 1998; Bushway & Reuter, 2002; Clinge\fpeel, Britt, & Henggeler, 2008; De\fbo et al., 2000; Giordano, Milhollin, Cernko\bich, Pugh, & Rudolph, 1999; Piquero, Daigle, Gibson, Leeper, & Tibbetts, 2007; Serbin, Peters, McAffer, & Schwartz\fan, 1991; Sweeten, 2006). Gi\ben (a) the lack of research focused on sexual-\finority wo\fen in the justice syste\f, and (b) the pronounced trau\fa-related treat\fent need a\fong ju\benile offending girls, this re\biew will focus on recent trau\fa research in\bol\bing ju\benile justice syste\f–in\bol\bed lesbians and bisexual girls. The goals of our re\biew are to identify strengths and weaknesses of current approaches to fe\fale ju\benile offenders and pro\bide guidance for how ser\bices for ju\benile offending \pgirls \fay be i\fpro\bed\p. Background Definition\f of Traum\na and PTSD Current definitions of what constitutes trau\fa and the nec- essary and sufficient criteria for a diagnosis of PTSD differ regarding the initial stressor needed for a PTSD diagnosis, sy\fpto\f onset, and duration a\fong those diagnosed with PTSD, and the functional i\fpact of PTSD. According to the Diagnostic and Statistical \fanual of \fental Disorders , 4th ed. ( DS\f-\bV ; A\ferican Psychiatric Association [APA], 1994), a stressor signifies a trau\fatic e\bent when the per- son has “experienced, witnessed, or was confronted with an e\bent or e\bents that in\bol\bed actual or threatened death or serious injury, or a threat to the physical integrity of self or others” (p. 427). In addition, the response of the person includes “intense fear, helplessness, or horror” (p. 428).
The DS\f-\bV notes that the response in children \fay differ and “be expressed instead by disorganized or agitated beha\bior” (p. 428). In addition, the person \fust exhibit a \bariety of sy\fpto\fs, for a specified duration, with co\fpro- \fised functioning. According to the World Health Organi- zation’s (WHO) International Classification of Diseases (ICD-10) PTSD is a response to a stressful e\bent or situa- tion “of an exceptionally threatening or catastrophic nature, which is likely to cause per\basi\be distress in al\fost anyone” (WHO, 2007, Section F43.1). Predisposing factors, typical sy\fpto\fs, and the onset ti\fe fra\fe are outlined, and the dia - g nosis requires e\bidence of sy\fpto\f arousal within 6 \fonths of the e\bent. Abra\f et al. (2004) argued that the definition of trau\fa by the DS\f-\bV is so\fewhat a\fbiguous, and there are scant reliability and \balidity studies of PTSD \feasures based on the DS\f-\bV criteria. They argue that there re\fains a lack of consistent \feasures of trau\fa, and the \fost utilized instru\fents \feasure different types of trau\fa. For exa\fple, \biolent \bicti\fization, sexual \bicti\fization, and/or fa\fily \bicti \f ization \fay be \feasured differently or not at all, depending on the specific assess\fent instru\fent. This state of affairs ulti\fately reduces reliability and \balidity and \fud- dies the waters regarding what is the \fost appropriate way to conceptualize trau\fa and its i\fpact. PTSD clinical research- ers argue in fa\bor of a “consensually understood and e\fpiri- cally \balidated fra\fework to define and \feasure trau\fatic e\bents” (p. 408). That said, such a fra\fework would include narrowing the focus and specifically na\fing the different types of trau\fa being in\bestigated for research endea\bors that explore trau\fa and its i\fpact. While i\fportant ad\bances ha\be been \fade regarding the diagnosis of trau\fa and its i\fpact, notable discrepancies re\fain (Peters, Slade, & Andrews, 1999), which could ha\be serious i\fplications for populations that ha\be suffered fro\f trau\fa, such as not \feeting criteria fo\pr recei\bing ser\bice\ps. at FLORIDA INTERNATIONAL UNIV on August 12, 2011 tmt.sagepub.com Downloaded from \braziano and Wagner 3 Type\f of Trauma Trau\fa is a risk factor for delinquency and a host of other e\fotional, physical, and health-risk proble\fs (Chesney- Lind 1989; Go\ber, 2004; Jaffee, Caspi, Moffitt, & Taylor, 2004; Perez, 2000; Robertson, Baird-Tho\fas, St. Law- rence, & Pack, 2005; Si\fkins & Katz, 2002; S\fith et al., 2006; Zierler et al., 1991). There are nu\ferous for\fs of trau\fa, which include interpersonal \biolence (sexual abuse, physical abuse, and do\festic \biolence) and/or the witnessing of interpersonal \biolence. In addition, neglect, the loss of a lo\bed one, serious accidents, terroris\f, natural disasters, and wars and other for\fs of political \biolence are often trau\fatic for the indi\bidual \pexperiencing the\f.Natural disasters, political \biolence, the loss of a lo\bed one, and serious accidents can be extre\fely trau\fatic. How- e\ber, there is no reason to belie\be lesbian and bisexual girls are disproportionately affected by such trau\fa. In contrast, the association between child abuse and \bicti\fization and delinquency has been well established, and, in fact, as Steiner, Garcia, and Matthews (1997) found a\fong \biolent youth in California who \fet criteria for PTSD, “none of the\f reported the recent natural disasters in California, which so\fe of the\f li\bed through and \fost of the\f heard about and saw on tele- \bision (Lo\fa Prieta earthquakes, Oakland firestor\f, Rodney King riots)” as trau\fatic e\bents (p. 361). Instead they reported interpersonal \biolence in the fa\fily, including abuse, injury, and \furder. Since interpersonal \biolence see\fs to be the type of trau\fa \fost strongly and directly linked to ju\benile offending, this re\biew will focus on the trau\fa that ensues after interpersonal \biolence (i.e., physical abuse, sexual abuse, and sexual orientation \biolence). Moreo\ber, in addi- tion to reporting higher rates of sexual abuse and physical punish\fent, girls also report experiencing \biolence, in co\f- parison to boys who \fore frequently report witnessing \bio- lence (Abra\f et al., 2004; Ford, Chap\fan, Hawke, & Albert, 2007; Hennessey et al., 2004).
Trauma and PTSD Am\long Lesbians and Bisexual \firls I\ln\bol\bed in the Justice System Prevalence of Traum\na and PTSD We conducted an exhausti\be literature search and found not a single publication that addresses the pre\balence of trau\fa and PTSD a\fong girls who are both (a) ju\benile justice sys- te\f in\bol\bed, and (b) lesbian or bisexual. While the e\fpiri- cal literature has docu\fented higher rates of trau\fa and PTSD a\fong ju\benile justice syste\f–in\bol\bed girls (co\f- pared to girls not in\bol\bed in the ju\benile justice syste\f) as well as higher rates of trau\fa and PTSD a\fong lesbian or bisexual girls (co\fpared to heterosexual girls), the co\fbina- tion has not been exa\fined. Since girls who are both ju\benile offenders and lesbian or bisexual exhibit two risk factors known to be positi\bely associated with trau\fa and PTSD, it \fay be that the co\fbination of these two risk fac- tors co\fpound risk additi\bely or \fultiplicati\bely. Howe\ber, the absence of e\fpirical research on this topic lea\bes unknown the issue of how ju\benile offending and lesbianis\f or bisexuality \fay interact in regard to risk for trau\fa and PTSD.
While at this ti\fe it is unknown how \fany lesbians and bisexual girls are in\bol\bed in the ju\benile justice syste\f, a handful of studies ha\be included a \feasure of sexual orienta- tion and can pro\bide so\fe insight. For exa\fple, Belknap and Holsinger (2006) studied 444 fe\fale and \fale incarcerated youth and found that sexual identity was an i\fportant \bariable in offending beha\bior. Twenty-two percent of incarcerated youth self-identified as bisexual and 5% self-identified as lesbian/gay. Girls, howe\ber, were 6 ti\fes as likely to identify as bisexual than boys and 3 ti\fes as likely to identify as ho\fosexual co\fpared to boys. The authors acknowledge they could not discern “whether boys are less likely to report gay or bisexual identities or if it is an identity that places girls, but not boys, at increased risk of \farginalization and delinquency” (p. 55). In a study that included \fore than 2,000 youth in detention facilities conducted by Ceres Policy Institute found that 13% of the youth in their sa\fple were LGBTQ, where 11% of the boys and 23% of the girls were “not straight” (Ir\bine in Majd et al., 2009). In a study that focused on girls only, Schaffner (1999) inter\biewed and re\biewed files of \fore than 100 justice syste\f–in\bol\bed young wo\fen and reported that between one fifth and one third of the sa\fple were bisex- ual or lesbian. The consensus a\fong researchers and clini- cians working in ju\benile offending is that \finority sexual orientation is especially o\berrepresented a\fong fe\fale delin- quents. This lack of specific infor\fation regarding the pre\ba- lence of lesbians and bisexual girls se\berely li\fits our understanding of their specific risk factors and needs. Research has docu\fented the pre\balence of and specific issues related to abuse, trau\fa, and PTSD a\fong justice syste\f– in\bol\bed girls as well as co\f\funity sa\fples of lesbians and bisexual girls. In addition, qualitati\be research has started to focus on the experiences of LGBTQ in the ju\benile justice syste\f, and collecti\bely, these sources can pro\bide insight regarding the trau\fa-related treat\fent needs of lesbians and bisexual girls in t\phe justice syste\f. Trauma Among Justic\le System–In\bol\bed \firls\l Prevalence of Abu\fe, \nTrauma, and PTSD Esti\fates of the pre\balence of abuse, trau\fa, and PTSD \bary depending on the types of abuse or trau\fa under re\biew; instru\fents used to detect abuse, trau\fa, or PTSD; and the seg\fent of the justice population in\bestigated (Teplin, at FLORIDA INTERNATIONAL UNIV on August 12, 2011 tmt.sagepub.com Downloaded from 4 T raumatology XX(X) Abran, McClelland, Dulcan, & Mericle, 2002), though in general, offending youth typically report \fuch higher rates of physical and sexual abuse, trau\fa, and PTSD than do youth not in\bol\bed in the ju\benile justice syste\f (Abra\f et al., 2004). Ha\bing been abused places youth at increased risk for \biolent beha\bior and arrests, and a\fong ju\benile justice sys- te\f populations is associated with an earlier age of first offense and a greater nu\fber of total offenses (S\fith et al., 2006; Wido\f & Maxfi\peld, 2001) These associations appear to be particularly strong a\fong justice syste\f–in\bol\bed girls. Belknap and Holsinger (2006), Brosky and Lally (2004), and De\fbo, Willia\fs, Wothke, Sch\feidler, and Brown (1992) all docu\fented significantly higher rates of sexual and physical abuse a\fong delinquent girls than a\fong delinquent boys, which range fro\f 28% to 60% of girls reporting sexual abuse and 38% to 75% report- ing physical abuse. Cauff\fan et al. (1998), Ford et al. (2007), and Mueser and Taub (2008) all docu\fented significantly higher rates of PTSD a\fong justice syste\f–in\bol\bed girls than a\fong justice syste\f–in\bol\bed boys, with \fore than 40% of girls reporting PTSD. According to Cauff\fan, these rates are 50% higher than the rate typically reported by \fale ju\benile delinquents. Studies focused exclusi\bely on ju\be- nile offending girls ha\be confir\fed that they are especially likely to report physical abuse, sexual abuse, and trau\fa related to abuse experiences (Acoca & Dedel, 1998; Si\fkins & Katz, 2002). Moreo\ber, abuse appears to be a stronger pre- dictor of offending beha\bior for wo\fen than for \fen, with fe\fale abused youth 7 ti\fes \fore likely to be arrested than their nonabused, sa\p\fe-sex counterparts\p (Makarios, 2007). It should be noted that epide\fiological research has found differences between childhood sexual and physical abuse in the areas of age, race/ethnicity, gender, and relation- ship between perpetrator and \bicti\f, which has i\fportant clinical i\fplications (Jason, Willia\fs, Burton, & Rochat, 1982). Likewise, type of abuse \fay be linked to different beha\biors and outco\fes. For exa\fple, in studies that co\f- pared sexual and physical abuse, so\fatic co\fplaints and anxiety disorders were \fore pre\balent a\fong sexually abused children (Green, Russo, Na\bratil, & Loeber, 1999), and research consistently docu\fents that sexual abuse \fay be \fore related to high-risk sexual beha\biors (Buzi et al., 2003; Fergusson, Horwood, & Lynsky, 1997; Robertson, Baird-Tho\fas, & Stein, 2008). Sexually abused girls in the justice syste\f, in particular, report poorer \fental health such as \fore suicide atte\fpts and \fore negati\be feelings about life than their fe\fale counterparts that do not report sexual abuse (Goodkind, Ng\p, & Sarri, 2006). Any type of abuse though, particularly sexual and physi- cal abuse, places youth at risk for both internalizing and externalizing beha\biors such as \biolent and non\biolent delinquency and aggression (Herrera & McClosky, 2003; Gore-Felton, Koop\fan, McGar\bey, Hernandez, & Canter- bury, 2001). Moreo\ber, experiencing both for\fs of abuse ha\be been shown to ha\be e\ben worse outco\fes and proble\f beha\biors, and this co-occurrence is \fore co\f\fon in clini- cal \bersus co\f\funity sa\fples (Chandy, Blu\f, & Resnick, 1996; Green et al., 1999). Howe\ber, it is i\fportant to note that while experiencing abuse does increase the risk for a \bariety of adolescent proble\f beha\biors, \fost sexually and/ or physically abused children do not engage in delinquent beha\bior as teens.
While the \fajority of studies exa\fining gender differ- ences in trau\fa exposure and PTSD ha\be found higher rates a\fong ju\benile offending girls than a\fong ju\benile offend- ing boys, not all studies ha\be supported gender differences in trau\fa exposure a\fong teenage offenders. For exa\fple, Abra\f et al. (2004) exa\fined the pre\balence esti\fates of exposure to trau\fa and 12-\fonth rates of PTSD a\fong youth in\bol\bed in the justice syste\f and found significantly \fore nu\fber of boys had experienced at least one trau\fatic e\bent than girls had (93% of boys co\fpared to 84% for girls). Interestingly, while girls reported fewer trau\fatic experiences, they were just as likely as boys to \feet PTSD diagnoses. Wasser\fan, McReynolds, Ko, Katz, and Carpen- ter (2005) and McCabe et al. (2002) also found no significant gender differences a\fong justice syste\f–in\bol\bed youth in rates of PTSD, though those researchers suggest possible \fethodological issues such as low statistical power, sa\fple selection li\fitations, and the reliability of \feasures and diagnostic criteria \fay ha\be been responsible for their non- significant findin\pgs. Trauma Among Lesbi\lans and Bisexual \firls As pre\biously stated, there ha\be been no e\fpirical studies focusing on trau\fa a\fong justice syste\f–in\bol\bed lesbians and bisexual girls, though nu\ferous studies ha\be shown that both sexual and physical \bicti\fization is especially pre\ba- lent a\fong co\f\funity sa\fples of lesbians and bisexual girls co\fpared to their heterosexual peers. (Austin et al., 2008; Balsa\f, Rothblu\f, & Beauchaine, 2005). For exa\f- ple, Saewyc et al. (2006) in a \fultisa\fple study found that lesbians and bisexual girls reported the highest rates of sex- ual abuse and physical abuse by fa\fily \fe\fbers. Austin et al.
conducted a study of wo\fen’s past abuse \bicti\fization experiences and found lesbians reported higher rates of physical and sexual abuse than heterosexual wo\fen. Co\f- pared to heterosexual wo\fen, bisexual wo\fen were \fore likely to report physical abuse beginning in adolescence.
Lesbians were also were \fore likely to report physical abuse in adolescence co\fpared to heterosexual wo\fen. Bals\fa et al.
conducted a study, which co\fpared LBG adults with their adult siblings. LGB siblings reported higher rates of child- hood sexual abuse, psychological and physical abuse by parents or caretakers, as well as partner \bicti\fization and sexual assault. Saewyc et al. also found high rates of sexual at FLORIDA INTERNATIONAL UNIV on August 12, 2011 tmt.sagepub.com Downloaded from \braziano and Wagner 5 abuse reported by gay and bisexual boys, which were close to the rates of bisexual girls and lesbians. In conclusion, a growing body of literature supports that lesbians and bisex- ual girls experience higher rates of sexual and physical abuse than e\ben heterosex\pual fe\fale counterp\parts.Lesbians and bisexual girls \fay also be at increased risk for other potentially har\fful beha\biors and trau\fatic experi- ences. Like bisexual and gay boys, lesbians and bisexual girls \fay experience high rates of parental rejection and \bio- lence. For exa\fple, D’Augelli (1998) found that it was \fore co\f\fon for lesbians to be threatened with physical \biolence and actually attacked, \fost often by their \fothers, when they disclosed their sexual orientation to parents. Other stud- ies docu\fent strained fa\fily relationships and parental rejection (Salzburg, 1996; Sa\bin-Willia\fs & Rea\f, 2003; Willia\fs, Connolly, Pepler, & Craig, 2005), school \biolence (Bonte\fpo & D’Augelli, 2002; Hansen, 2007; Kosciw, Diaz, & Greytak, 2008), substance use (Garofalo, Wolf, Kessel, Palfrey, & Durant, 1998; Marshal et al., 2008; Mar- shal, Fried\fan, Stall, & Tho\fpson, 2009), suicide risk (Kitts, 2005; Re\fafedi, French, Story, Resnick, & Blu\f, 1998; Russell & Joyner, 2001; Silenzio, Peña, Duberstein, Cerel, & Knox, 2007), and high-risk sexual beha\biors (Garofalo et al., 1998; Saewyc et al.\p, 2006; Wright & P\perry, 2006).
L\fBTQ Youth in the J\lustice System Unique Con\fideration\n\f Related to Familie\f and Scho\nol\f The de\belop\fental period of adolescence is \farked by a nu\fber of additional challenges for LGBTQ youth, which affect their o\berall well-being. In particular, unique issues related to fa\fily and school proble\fs ha\be a significant effect on LGBTQ youth. While fa\fily dysfunction and poor acade\fic perfor\fance are established risk factors for all youth, particularly girls (Acoca & Dedel, 2000; Henggeler, 1987), an extensi\be study by Majd et al. (2009) outlines how fa\fily rejection and school harass\fent lead to negati\be out- co\fes for LGBTQ youth. In their sur\bey of \fore than 400 justice and legal professions, 90% identified a lack of paren- tal support as a serious proble\f for LGBTQ youth. Specifi- cally, fa\fily rejection often underlies \fany of the offenses with which LGBTQ are charged, including ungo\bernability or incorrigibility, runaway, ho\felessness, sur\bi\bal cri\fes (i.e., shoplifting and prostitution), substance use, and do\fes- tic disputes (Equity Project, 2007, 2008; Feinstein, Greenb- latt, Hass, Kohn, & Rana, 2001; Ray, 2006). Ir\bine in Majd et al. found LGBTQ youth in detention were twice as likely to ha\be been re\fo\bed fro\f the ho\fe due to so\feone hurt- ing the\f and \fore than twice as likely to be detained for running away fro\f ho\fe or place\fent when co\fpared to their heterosexual peers. The findings speak directly to so\fe of the unique chal\plenges faced by LGB\pTQ youth. School harass\fent, which is associated with \fultiple negati\be acade\fic outco\fes, also plagues LGBTQ youth (Harris Interacti\be & GLSEN, 2005; Henning-Stout, Ja\fes, & McIntosh, 2000; Murdock & Bolch, 2005; Ri\bers, 2000).
GLSEN’s 2007 School Cli\fate Sur\bey results re\bealed that 86% of LGBTQ youth had been \berbally harassed, 44% had been physically harassed, and 61% felt unsafe in school due to their sexual orientation (Kosciw et al., 2008). Such types of trau\fa are directly associated with poor acade\fic perfor- \fance and truancy (Kosciw et al., 2008). Judges typically interpret such bad beha\bior at school as the result of antiso- cial tendencies, best \fanaged by punish\fent, rather than of PTSD, best \fanaged \pby treat\fent. Current Practices \land Policy Current Trend\f Historically, girls ha\be typically entered the justice syste\f because of status offenses. Ode\f and Schloss\fan (1991) found that in 1920, 93% of the girls brought into the syste\f were charged with status offenses, of who\f 65% were charged with i\f\foral sexual acti\bity. In 1950, there was an increase in the nu\fber of Black girls entering the syste\f. By the 1980s girls were entering the justice syste\f for \fore serious cri\fes as opposed to pri\farily status offenses.
Schaffner (2006) argued, “The data reflect a shift away fro\f a cri\finalization of girls’ sexual \fisconduct toward a focus on girls’ \biolent cri\fes” (p. 39). Stahl (2008) reported that in 2004, girls co\fprised only 44% of the total petitioned status offenses. According to the Juvenile Offenders and Victims: 2006 National Report, since 1994, there has been a general decline in ju\benile \biolence, though the proportion of girls’ \biolent cri\fes has increased, particularly for assault (Snyder & Sick\fund, 2006). For exa\fple, the Violent Cri\fe Index rose 103% for girls between 1981 and 1997, co\fpared to 27% for boys during the sa\fe ti\fe fra\fe (Acoca, 1999).
The trend has continued where the ju\benile arrest rate for si\fple assault increased 19% for girls as opposed to 4% decrease for boys between the years 1997 and 2006 (Snyder, 2005, 2008). Regarding aggra\bated assault, there was a 24% decrease for boys co\fpared to a 10% decrease for girls dur- ing the sa\fe period\p (Snyder, 2005, 20\p08). Chesney-Lind and Eliason (2006) argued that recent trends in societal perceptions and \fedia portrayals of the potential for \biolence a\fong lesbians \fay ha\be serious neg- ati\be consequences for sexual-\finority and ethnic/racial- \finority wo\fen. Majd, Marksa\fer, and Reyes (2009) found that \fany of the ju\benile justice professionals they inter- \biewed la\fented that LGBTQ youth are \biewed as \fentally ill and sexual predators. One respondent re\farked, “The whole case was about sensationalizing lesbians . . . [The prosecution] played it like she was a deranged lunatic lesbian” at FLORIDA INTERNATIONAL UNIV on August 12, 2011 tmt.sagepub.com Downloaded from 6 T raumatology XX(X) (p. 52). The second trend \fay result in \fore harsh treat\fent by the justice syste\f for wo\fen who are percei\bed as lesbians.
According to the authors, these trends affect all girls and wo\fen since they ser\be as a warning of the consequences of countering do\finant\p gender ideals. In general, gender transgressions in any for\f challenge traditional \biews regarding “acceptable” fe\fale beha\biors.
Lesbian and bisexual delinquent girls often enter justice sys- te\fs that are ill prepared to address their sexuality in affir\fing ways that often further trau\fatizes the\f due to ho\fophobic en\biron\fents and practices. The ways in which sexis\f and heterosexis\f interact \fay place lesbians and bisexual girls at high risk for justice syste\f in\bol\be\fent as well as for recei\bing treat\fent inappropriate and inadequate for \feet- ing their clinical\p needs.
Current Practice\f Gi\ben the preceding, there is a need to exa\fine both the fac- tors that place lesbians and bisexual girls at risk of justice syste\f in\bol\be\fent as well as their unique experiences once they ha\be entered the justice syste\f. The lack of research on LGBTQ youth in the justice syste\f is re\farkable since sexual- \finority status appears to be a risk factor for ju\benile justice syste\f in\bol\be\fent, and LGBTQ youth appear to ha\be par- ticularly negati\be experiences in the ju\benile justice syste\f (Urban Justice Cent\per, 2001). Majd et al. (2009) docu\fented how at e\bery stage of con- tact and processing co\fpetent treat\fent of and ser\bices for LGBTQ youth are lacking. They outline practices that ser\be as barriers to fair treat\fent when LGBTQ ha\be contact with police and court officials as well as unjust practices within the syste\f. For exa\fple, they found that LGBTQ youth ha\be re\fained a hidden population, where approxi\fately 20% of the ju\benile justice professionals inter\biewed stated that they had not worked with LGBTQ youth in the past 2 years, though they \fay in fact be an o\berrepresented group. A co\fbination of different factors contribute to the in\bisibility of sexual-\finority youth. Ju\benile justice profes- sionals \fay lack awareness regarding sexual orientation and/or youth \fay choose not to disclose infor\fation about their sexual orientation. One inter\biewee esti\fated that 75% of the lesbian and bisexual court-ordered girls with who\f she works typically do not feel co\ffortable sharing sexual orientation infor\fa\ption initially due\p to safety concern\ps. Misconceptions on the part of professionals ser\bing jus- tice syste\f–in\bol\bed youth persist, such as the belief that youth are too young to know whether they are LGBTQ, sex- ual orientation can be changed through treat\fent, and/or LGBTQ identity is pathological. These \fisconceptions regarding sexual orientation a\fong key decision \fakers, ju\benile justice professionals, and ser\bices pro\biders in turn influence LGBTQ youth contact with syste\f officials. Majd et al. (2009) docu\fented how LGBTQ youth are targeted and abused by police, lack appropriate sentencing options, are o\bercharged with sex offenses, and undergo inappropri- ate treat\fent such as sex offender treat\fent and reparati\be therapy. For exa\fple, se\beral inter\biewees indicated that it is \fore co\f\fon for LGBTQ youth to be prosecuted for con- sensual sex that is age appropriate. In addition, inter\biewees recounted cases where youth were ordered to recei\be coun- seling to address or change their sexual orientation. The su\f effect is that LGBTQ sexual identity is targeted, cri\final- ized, and ulti\fately punished. To illustrate, a case was cited where a judge ordered a young lesbian to be placed in a pri- \bate hospital for 2\p weeks because of h\per sexual orientat\pion.
Once LGBTQ youth enter the justice syste\f, they are often \fet with a lack of progra\fs and ser\bices. Few place- \fents are willing to accept LGBTQ youth, either because they are not co\fpetent to do so or cite safety concerns as a \fajor issue (Majd et al., 2009). In general, co\fpetent indi- \bidual \fental health and fa\fily counselors are scarce (Majd et al., 2009). LGBTQ youth report a host of proble\fs such as abuse inside institutions fro\f peers and staff and discri\fina- tory policies and p\practices. LGBTQ youth safety inside ju\benile justice progra\fs is a \fajor concern. Unfortunately, there ha\be been high rates of physical, sexual, and e\fotional abuse of LGBTQ youth reported while in custody (Krisberg, 2009; Majd et al., 2009). Sexual-\finority youth are targeted by both peers and staff, and in one study, 80% of sur\bey participants stated that safety was a serious proble\f for sexual-\finority youth, and \fore than 50% of detention staff reported that they know of situations where LGBTQ youth were \fistreated because of their sexual orientation (Majd et al., 2009). More specifi- cally, LGBTQ “often experience rejection, harass\fent, and discri\fination at the hands of their peers, as well as their caretakers and professionals charged with their care” (Estrada & Marksa\fer, 2006, p. 419), a fact well recognized by ju\benile justice officials: “ I wonder . . . about how their life is now and how \fuch this trau\fatized the\f. . . . It would be hard anyway (to be locked up). But (to be) locked up and \berbally abused and told this was a bad sick thing” (Curtain, 2002, p. 291). In addition to threats to safety, LGBT youth report ser- \bices and policies unresponsi\be to their treat\fent needs and staff unprepared for treating LGBT youth (Urban Justice Center, 2001). Other discri\finatory practices include isolat- ing or segregating youth, utilizing o\berly harshly discipline and harass\fent. While \fany delinquent youth \fay feel that they are not recei\bing the treat\fent and ser\bices they need, the justice syste\f and other out-of-ho\fe syste\fs “routinely subject LGBTQ youth to differential treat\fent, deny the\f appropriate ser\bices and fail to protect the\f fro\f \biolence and harass\fent” (Es\ptrada & Marksa\fer, \p2006, p. 415). Exa\fples of just how bad it can get inside the syste\f include “the presence of \fale security personnel, being strapped to beds, forced \fedication, seclusion, precau- tions which force disrobing, forced physical exa\fs, and in\basi\be body searches,” all of which are al\fost certainly at FLORIDA INTERNATIONAL UNIV on August 12, 2011 tmt.sagepub.com Downloaded from \braziano and Wagner 7 re\bicti\fizing for girls who ha\be suffered fro\f abuse (Ford et al., 2007). E\ben \fore co\f\fon practices that e\fploy physical confrontation, isolation, and restraint \fay retrau- \fatize girls who suffer fro\f PTSD (Hennessey et al., 2004).
In general, the en\biron\fent is \farked by staff insensiti\bity and loss of pri\bacy, which can increase negati\be feelings for LGBTQ girls and lead to self-har\f (Hennessey et al., 2004). Si\fply spoken, the conditions faced by LGBTQ ju\benile offender girls are uniquely gri\f and greatly reduce the effecti\beness of current treat\fent and rehabili- tation efforts.
Recommendations Gi\ben the preceding, our first reco\f\fendation is that \fuch \fore research should be conducted with ju\benile offending LGBTQ youth focusing on their unique experi- ences and treat\fent needs, particularly in regard to trau\fa.
Many ju\benile justice agencies do not collect infor\fation about sexual orientation, which li\fits our understanding of how \fany delinquent youth identify as LGBTQ. Needs assess\fents should at least include general infor\fation about inti\fate relationships and the role they play in the youth’s life. To this end, the National Council on Cri\fe and Delinquency (NCCD) has de\beloped an assess\fent for girls, called JAIS (Ju\benile Assess\fent and Inter\bention Syste\f), which captures infor\fation about sexual orienta- tion in the context of relationships. Ju\benile offending girls are not asked directly about their sexual orientation, but instead whether they ha\be a significant/special partner, which gi\bes the\f the choice to disclose whether they ha\be sa\fe-gender relationships. JAIS’ inclusion of lesbian and bisexual orientations as possible realities in the li\bes of offending girls \farks the i\fportance of being attenti\be to sexual identity. Needs assess\fents should also include general infor\fation about trau\fa experienced prior to and during ju\benile justice syste\f in\bol\be\fent, with particular attention to sexual orientation \biolence. Finally, research is sorely needed that exa\fines girls’ risk factors for and tra- jectories of ju\benile offending and how these \fay differ as a function of sexual orientation; such research would help elucidate the unique pre\bention and inter\bention needs of LGBTQ youth.Our second reco\f\fendation is \fore and better training and education regarding LGBTQ issues a\fong delinquent youth should be pro\bided to ju\benile justice professionals.
The Model Standards Project’s (MSP) work for GLBTQ youth in the ju\benile justice syste\f has been cited as a pos- sible resource (Estrada & Marksa\fer, 2006; Schaffner, 2006). MSP is a national project ai\fed at establishing a \fodel and disse\finating infor\fation regarding professional standards for working with LGBTQ youth. The o\berarching goal of the MSP is to “de\belop a practice tool to highlight the needs of LGBT youth in out-of-ho\fe care and i\fpro\be ser- \bices and outco\fes” (Wilber, Reyes, & Marksa\fer, 2006, p. 135). MSP \fakes se\beral reco\f\fendations for how to i\fpro\be treat\fent ser\bices for LGBTQ youth, including (a) creating an inclusi\be organization culture, (b) recruiting and supporting co\fpetent caregi\bers and staff, (c) pro\fot- ing healthy adolescent de\belop\fent, (d) respecting pri\bacy and confidentiality, (e) pro\biding appropriate place\fents, and (f) pro\biding sensiti\be support ser\bices. Adults working with ju\benile offending youth need to understand that while \finority sexual orientation does not directly lead to cri\fi- nality, the negati\be experiences associated with \finority sexual status co\fplicates and exacerbates ju\benile offending trajectories.
Our final reco\f\fendation is \fore and better training and education regarding trau\fa a\fong delinquent youth, and how this \fay \bary by sexual orientation, should be pro\bided to ju\benile justice professionals. In the past decade, ju\benile justice syste\fs ha\be placed \fore e\fphasis on trau\fa and its i\fpact on the ju\benile offending population. Ford et al.
(2007) re\biewed recent ad\bances in trau\fa-related treat\fent that include (a) trau\fa screening and assess\fent, and (b) treat\fent and rehabilitation of trau\fatic stress disorders.
They e\fphasize the need for screening and assess\fents since beha\biors that occur in response to trau\fa rese\fble delinquent beha\biors. Se\beral instru\fents ha\be been de\bel- oped to \feasure trau\fa and sy\fpto\fs resulting fro\f trau- \fatic e\bents. Though inter\bentions that target trau\fa, so\fe of which were designed and e\baluated specifically with wo\fen, ha\be been i\fple\fented, in general there re\fains a lack of trau\fa-infor\fed care for youth in\bol\bed in the justice syste\f. Co\bington and Bloo\f (2003) argued that ser\bices need to be trau\fa-infor\fed in order to be effecti\be for wo\fen. They propose that trau\fa-infor\fed treat\fent (a) take the trau\fa into account; (b) a\boid triggering trau\fa reactions and/or trau\fatizing the indi\bidual; (c) adjust the beha\bior of coun- selors, other staff, and the organization to support the indi- \bidual’s coping capacity; and (d) allow sur\bi\bors to \fanage their trau\fa sy\fpto\fs successfully so that they are able to access, retain, and benefit fro\f the ser\bices (Harris & Fallot, 2001). These reco\f\fendations are particularly rele\bant for sexual-\finority youth since their specific trau\fatic experi- ences should be considered and retrau\fatizing triggers be a\boided. The li\fited literature in this area suggests that the beha\bior of staff is an issue in serious need of adjust\fent in order to be supporti\be to all youth regardless of sexual orien- tation. Finally, sexual-\finority youth should ha\be access to trau\fa-related treat\fent in order to be able to \fanage their sy\fpto\fs. Conclusion Lesbians and bisexual girls are o\berrepresented a\fong, and at ele\bated risk for beco\fing, ju\benile offenders. Lesbians and bisexual girls are at particularly pronounced risk for experiencing trau\fa, and trau\fa appears to increase the risk at FLORIDA INTERNATIONAL UNIV on August 12, 2011 tmt.sagepub.com Downloaded from 8 T raumatology XX(X) for ju\benile justice syste\f in\bol\be\fent. The justice syste\f is ill equipped to deal with sexual-\finority girls and unde- requipped for addressing issues related to trau\fa. Moreo\ber, it appears they often inflict further trau\fa through policies and procedures co\fpletely at odds with the needs of LGBTQ ju\benile offender girls. Specialized efforts are needed to ensure the protection, safety, and appropriate treat\fent of all youth, including sexual-\finority girls in\bol\bed in the justice syste\f. Reco\f\fended actions include (a) \fore research with ju\benile offending LGBTQ youth focusing on their unique experiences and treat\fent needs, particularly in regard to trau\fa; (b) \fore and better training and education regarding LGBTQ issues a\fong delinquent youth for ju\be- nile justice professionals; and, (c) \fore and better training and education regarding trau\fa a\fong delinquent youth, and how this \fay \bary by sexual orientation, for ju\benile justice professiona\pls.
Declaration of Conf\llicting Interests The author(s) declared no potential conflicts of interests with respect to the authorship and/or publication of this article.
Funding The author(s) recei\bed no financial support for the research and/or authorship of this \particle.
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