Between the gavel and the rainbow : navigating the challenges faced by LGBT offenders in Malta

Abstract

The experiences of lesbian, gay, bisexual, and transgender (LGBT) individuals in the criminal justice system (CJS) have gained increasing academic attention due to the unique challenges and systemic discrimination they face. LGBT individuals frequently encounter stigmatisation and marginalisation in societal contexts and institutional settings, including the CJS. This study explores the experiences of LGBT offenders as reported by five local professionals involved in their cases, examining how these experiences affect their rehabilitation and reintegration. Through semi-structured interviews analysed via Interpretative Phenomenological Analysis (IPA), three group-level experiential themes (GETs) emerged: Social Marginalisation, Psychosocial Risk Factors, and Rehabilitation, Reintegration, and Recidivism. Understanding these experiences is crucial for developing policies that promote social equality, enhance mental health, and support successful rehabilitation. Despite Malta's progress in enacting protective laws for LGBT rights, including gender identity and anti-discrimination legislation, gaps persist in their effective implementation within the CJS. This study underscores the need to address these gaps to ensure equitable treatment and support for LGBT individuals in Malta’s CJS.