ABSTRACT
This chapter will discuss the limited research and literature available which explores the position of lesbian and bisexual women in the Criminal Justice System (CJS). It will consider the poor record of criminology in engaging with lesbian and bisexual women who might come into contact with the CJS. Initially, the question of the criminalisation of lesbianism will be considered, whilst sexual relationships between women were not criminalised in the UK, the effects of criminalisation have contributed to the discrimination they have experienced. Explanations as to the evident disproportionality of lesbians, bisexuals and gender non-conforming girls’ involvement in the CJS across the UK, the US and Australia are debated. Several causation factors including family rejection and social exclusion which might contribute to criminalisation are considered. Two models, the school-to-prison-pipeline and the Queer Criminal Career lens will be discussed in terms of how they can aid our understanding of over-representation. These approaches move away from single-factor explanations or bio-psychological dysfunction, highlighting issues of the criminalisation of identity. Finally, the writer will reflect upon experiences of working in the CJS for nearly 30 years, reflecting on how disproportionality was realised in practice and the stigmatisation of lesbian women.
