Half of LGBTphobia complaints do not become a lawsuit, says research

Research carried out with an LGBT+ group in the city of Rio de Janeiro (RJ) reveals that, despite the majority having suffered some type of violence, many are afraid to go to a police station and report the crime. The study also shows that, when complaints are registered, many end up being filed after being forwarded to the Public Prosecutor’s Office. The unprecedented research was conducted by the Pela Vidda group, which presented the data to civil police officers in the capital of Rio de Janeiro on Friday (17), on the International Day Against LGBTphobia.

The data indicate that the most common forms of violence were homophobia, reported by 53.6% of those interviewed; psychological violence, by 51.7%; and sexual harassment and/or harassment, by 45.2%. When asked about the likelihood of going to the police in case of LGBTphobia, the majority, 29.3%, considered it very unlikely to report it. Only 25% said they were very likely to report it.

Regarding the preparation of police personnel to serve the LGBT+ population, the majority, 65%, classified them as “very little prepared”, while 22.3% chose “little prepared” and 9.1% “reasonably prepared”. Only 3.5% considered the staff “well prepared” or “very well prepared”. Regarding the treatment given, 61.7% of those interviewed believe that police officers do not take complaints seriously.

The survey included 515 lesbian, gay, bisexual, trans, queer, intersex, asexual, pansexual and others. The questionnaires were administered online and at LGBTQIA+ events, such as the Name/Gender Rectification Task Force for trans and non-binary people, promoted by Coletivo Gardênia Azul Diversidade, Cinema Sapatão, and at the Police Station for Racial Crimes and Intolerance Offenses (Decradi) , located in Lapa, central region of the city.

Among those who went to a police station, 186 people out of the 515 interviewed, 28% said that the LGBTphobia crime specification was refused and 14% managed to register after insistence.

According to the director of the Pela Vidda group, lawyer Maria Eduarda Aguiar, “LGBTphobia is a reality in people’s lives and we need to apply legislation so as not to be permissive with practices already considered criminal”, says Aguiar. “We can say that the majority of people who go to the police station and the courts often see their cases closed.”

The group also collected data from the Public Ministry of the State of Rio de Janeiro on cases of LGBTphobia. After the complaint is investigated by the Civil Police, the cases are forwarded to the Public Ministry for formalization and analysis by the Court. In the last four years, less than half, 48.6%, of complaints became lawsuits. One in four, 25.7%, was archived.

“We still have few reported cases of LGBTphobia,” says Aguiar. “The person loses confidence that going to the police station will result in something positive, and runs the risk of the Public Prosecutor’s Office not considering the crime.”

The research was formally presented to the Civil Police as part of an action to raise awareness among police officers, improve service at police stations and encourage more reports of this type of crime. According to Cláudia Otília, special advisor to the Civil Police Secretariat, ways are being sought to improve police performance. She participated in an event at the Legislative Assembly of Rio de Janeiro on public policies to combat LGBTphobia in the state.

Among the measures, Cláudia Otília highlighted the creation of a working group for LGBT+ issues, aiming to review police procedures and protocols, and the restructuring of a subject taken by police officers during training. “We are institutionalizing two working groups, one for the LGBTQIA+ population and the other for respectful religious coexistence, reviewing institutional protocols and procedures. The subject taught at Acadepol is being reviewed,” she stated.