Queering justice : a study of the lived experiences of LGBTIQ+ offenders

Abstract

This qualitative study explored the lived experiences of LGBTIQ+ individuals who have or had contact with the criminal justice system. The aim of this dissertation was to critically examine how LGBTIQ+ identities intersect with systemic structures of justice and to uncover ways in which these individuals experience, resist or are affected by justice systems. This inquiry was necessary because, despite Malta’s progressive legal protections for LGBTIQ+ people, there remains a significant literature gap in understanding how LGBTIQ+ individuals wholly experience justice in practice. Using Interpretative Phenomenological Analysis (IPA), in-depth semi-structured interviews were conducted with five LGBTIQ+ offenders who have or had contact with various institutions within the Maltese criminal justice system. Data analysis revealed themes of marginalisation, resistance, identity negotiation and moments of positive engagement with professionals. These manifested through narratives of navigating justice systems as ‘the other,’ marked by stigma, discrimination and hypervisibility. While some experienced affirming relationships and self-advocacy, a number of participants expressed facing institutional erasure and systemic betrayal. Nevertheless, their narratives reflected notable resilience and agency. Findings suggest that identity-based marginalisation and structural inequalities shaped LGBTIQ+ individuals’ experiences within the justice system, even in contexts with progressive legal frameworks. This study contributes to the limited body of research on queerness and criminalisation in Malta, highlighting the urgent need for intersectional, culturally-sensitive and identity-affirming reforms within the criminal justice system. These include sensitivity training for justice professionals, inclusive policies and stronger support services tailored to LGBTIQ+ offenders. Ultimately, this study implies that structural change is needed to move beyond tokenism and effectively tackle systemic inequality within the justice system.