Domestic Violence In Florida LGBTQ+ Partnerships
Domestic violence crimes are not exclusively a province of heterosexual couples; unfortunately, crimes of intimate partner violence (IPV) are just as common, if not more so, in the LGBTQ+ community, though they are generally reported less often. If you have been accused of domestic violence against your partner or spouse, and you are a member of the community, you need the right attorney to help protect your rights and ensure you are heard.
LGBTQ+ Domestic Violence Often Goes Unreported
Domestic violence is a broad group of offenses in Florida, rather than a single cause of action called ‘domestic violence.’ The state’s statute defines it as any criminal offense resulting in “physical injury or death” to a person who shares a specific relationship with the alleged abuser (a “family or household member,” which includes a spouse or ex-spouse). It is often thought of as a crime perpetrated by heterosexual cisgender men against heterosexual cisgender women, when in reality this is simply not always the case.
It is difficult to establish the frequency of domestic violence in the LGBTQ+ community with any degree of certainty, but this is primarily because so many incidents of this nature go unreported. Many members of the LGBTQ+ community choose to risk not reporting abuse to the authorities because they often feel their plight will be ignored – or worse, insulted. Data reported by the American Civil Liberties Union in April 2024 reports that LGBTQ+ people are arrested at rates almost double that of cisgender heterosexuals.
Unfair Treatment Is Possible
If you are a member of the LGBTQ+ community and have been accused of a crime of domestic violence, it is important to be aware that you may face obstacles to receiving fair treatment, whether you have actually committed this offense or not. Sadly, it is not uncommon for law enforcement to arrest both victim and alleged abuser in these cases, particularly when both involved parties are male or male-presenting.
While obviously, LGBTQ+ people commit criminal offenses, it must be said that LGBTQ+ people are over-represented in the U.S. judicial system. Data from the Prison Policy Initiative (PPI) reports that LGBTQ+ individuals are 2.25 times more likely to be arrested than cisgender heterosexuals, and almost 3 times more likely to be incarcerated. Even if you are guilty of the offense you have been accused of, you are entitled to appropriate treatment in custody, and a fair and speedy trial if you are tried for your alleged offense.
Contact A West Palm Beach Domestic Violence Attorney
If you have been charged with a crime of domestic violence, it is unfortunately a fact of life that you may face unfair treatment if you are a member of the LGBTQ+ community, due to pervasive myths and prejudices. The right legal help can make a difference – the West Palm Beach criminal defense attorneys at Perlet & Shiner, P.A. can protect your rights. Call our office today to speak to an attorney.
Source:
flsenate.gov/Laws/Statutes/2021/741.30
