A new study by the Williams Institute at UCLA School of Law, conducted in collaboration with the University of Memphis, documents the lived experiences of transgender people in Memphis who have interacted with police and the broader criminal legal system. The study examines how gender identity, race, HIV status, and a history of sex work shape interactions with police, courts, jails, and prisons.
The report draws on narratives from a focus group and interviews with transgender people in Memphis who have experience in sex work or have had contact with the criminal legal system.
“National research shows that transgender individuals face disproportionately high rates of police contact, harassment, and violence,” said study author Nathan Cisneros, HIV Criminalization Project Director at the Williams Institute. “However, Tennessee’s law enforcement records systems only classify individuals as male or female. Transgender people are routinely misgendered in official records, and researchers cannot use official administrative records to examine how criminal enforcement affects transgender people in the state.”
Participants described gender identity as a central factor in their interactions with law enforcement and the criminal legal system. Law enforcement officers frequently associated transgender identity with sex work and criminality. Policing practices and jail conditions linked to participants’ gender identity caused harm, resulting in low perceptions of safety and trust in police interactions.
Previous Williams Institute research found that a substantial share of HIV-related sex work convictions occurred in Shelby County, particularly in Memphis. Black women experiencing economic vulnerability accounted for nearly three-quarters of those affected by the state’s HIV-related sex work criminal law.
In the current study, many participants, the majority of whom were transgender women of color, reported that law enforcement presumed they were engaged in sex work based solely on their appearance or gender presentation. Participants also described experiencing verbal, physical, and sexual harms during interactions with law enforcement.
Gender identity also shaped incarceration experiences. Denial of gender-affirming care, restrictions on gender expression, and confiscation of gender-affirming items were described as routine features of incarceration and as sources of psychological harm.
“Many participants in our study used self-protective strategies to minimize contact with police and reduce the risk of harm from the criminal legal system,” said lead author Robin Lennon-Dearing, Professor of Social Work at the University of Memphis. “While these survival strategies reflect resilience and adaptation, distrust of police may discourage individuals from reporting crimes or seeking emergency assistance, affecting not only transgender communities but also the broader Memphis and Shelby County communities.”