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

Abstract

This study explored the lived experiences of LGBTIQ+ individuals who had contact with the Maltese criminal justice system, focusing on how sexual orientation and gender identity intersect to shape encounters with justice institutions. Using Interpretative Phenomenological Analysis (IPA), semi-structured interviews were conducted with five LGBTIQ+ offenders aged between 18 and 54, representing diverse gender identities (cisgender and transgender) and sexual orientations (lesbian, bisexual and heterosexual). Participants had engaged with various institutions across the criminal justice pathway, including police, criminal courts, probation services, prisons, and drug rehabilitation services. Analysis identified themes of marginalisation, resistance, identity negotiation, and meaningful professional engagement. Participants described navigating justice systems as a perceived ‘other,’ encountering stigma, discrimination and hyper-visibility linked to their identities. While some professional interactions provided affirmation and support, others reflected experiences of systemic betrayal and practices that failed to recognise or accommodate their identities. Despite these challenges, participants’ accounts reflected resilience, agency and acts of resistance aimed at preserving dignity and maintaining identity coherence within constrained environments. Overall, the findings suggest that identity-based marginalisation and broader structural inequalities continue to shape LGBTIQ+ individuals’ experiences within the Maltese justice system. This study underscores the need for intersectional, culturally-responsive, and identity-affirming reforms, emphasising the importance of moving beyond tokenistic inclusion towards substantive a more equitable justice system.