Focus on: Crime, Violence, and the Law

Best practices for reporting on trans and gender-diverse folks who are victims of crime or who may benefit from trauma-informed reporting techniques. Additionally, positioning the role of journalism in bringing public attention to community safety concerns raised by 2SLGBTQ+ community members.

A person with a beard is standing at the entrance to a police station holding a sign that reads "No Hate in Our City."

Introduction

When trans and gender-diverse communities are covered in the mainstream media, it’s often for reasons no one wants: the loss of loved ones, discrimination, experiences of hate-based violence, or because someone has decided it’s appropriate to deny our existence and fuel bigoted rhetoric.

By The Numbers

68% of trans and non-binary people in Canada report having been verbally harassed in the last five years.

9 out of 10 racialized trans and non-binary people anticipate unfair treatment from the police and legal system if they were to be sexually assaulted.

41% of trans people in Canada have experienced unwanted sexual behaviour online, compared to 16% of cisgender Canadians.

Raising the Red Flag

The media plays a vital role in drawing attention to violence committed against 2SLGBTQ+ communities. Crimes affecting trans and non-binary communities are often under-investigated or ignored by the institutions that are responsible for protecting everyone equally.

The role of media in raising the red flag was evident in the arrest and eventual guilty plea of Bruce McArthur on eight counts of first-degree murder in 2019. 2SLGBTQ+ folks in Toronto had long been sounding the alarm bell around the disappearance of people in the community—including to the media. The fact that these horrible, violent losses remained uninvestigated and unseen for so many years is an inconceivable tragedy.

These missing person investigations and others in relation to 2SLGBTQ+ and vulnerable or marginalized communities were the focus of an independent review led by Justice Gloria Epstein. The report points to “systemic discrimination” and “institutional resistance” within the Toronto Police Service as reasons why investigations failed to link the missing persons cases and realize a serial killer was preying on Toronto’s 2SLGBTQ+ communities.

It was only after one of McArthur’s victims, Andrew Kinsman, went missing that the Toronto Police Service initiated Project Prism, which led to the eventual arrest of McArthur in 2018. Alongside pressure from the public and those close to Kinsman, Justice Epstein credits media coverage for finally launching the investigation.

Journalists have the power to amplify the calls of community members whose voices may otherwise go unheard. You can scrutinize claims the system has failed to investigate. And you can interview community members to paint a fuller picture about how someone was a whole and complex individual.

We remember Kirushna Kumar Kanagaratnam, Majeed Kayhan, Skandaraj (Skanda) Navaratnam, Abdulbasir Faizi, Selim Esen, Soroush Mahmudi, Dean Lisowick, Andrew Kinsman, Alloura Wells, Tess Richey, and all those for whom justice is still being sought.

Reporting on Trans Victims of Crime

When violent crimes occur, police news releases are the most common source of information for news reports. Unfortunately, this information is not always correct or complete. These are challenging situations with no easy solution. But there are ways to ensure your reporting treats transgender victims of violent crime with dignity, fairness, respect, and care.

Common Errors

Error #1: Misgendering Error #2: Incorrect name use Error #3: Sensationalizing or stereotyping Scenario #4: Legal name use Scenario #5: Use of less familiar words

Error #1: Misgendering

A person has been misgendered on a police news release

Police news releases always state the gender of a missing person or the perpetrator of a crime—this is done using binary sex assignments of male or female. This may disrespect and misrepresent a person’s gender identity and constitutes uninterrogated assigning of gender without a person’s consent. Sometimes a person’s gender identity is assumed based on how they were presenting in the moment, or what is on their ID card.

In the case of deaths, police will often gender a victim based on their anatomy or forensic evidence. Neither are a true representation of a person's gender identity. This can also make it difficult for loved ones to accurately locate or share information after a violent crime or death.

Suggested actions for better reporting

We understand the fast turnaround time between press conferences and newsroom deadlines. For these news hits, there isn’t much you can do by way of fact checking the information reported in a police news release.

Instead, consider paraphrasing a news release or leaving out information that may be inaccurate. Including the word “appeared” or “presented” can suggest that there are details regarding a person’s gender identity that are yet to be confirmed.

For example: “Hamilton Police say the suspect was presenting as a man when he fled the scene.” Or “Hamilton Police say the victim appears to be a woman in her mid-40s.”

If you have time before submitting a story, check a person’s social media profile or talk to any community members who might be present at the press conference. Both take only a few minutes and could help you correctly identify a person’s gender identity and engage in more dignified reporting.

Error #2: Incorrect name use

A trans person’s incorrect name is used in a police news release

Incorrect name use, also called deadnaming, happens when a person is described by the name they used prior to transitioning, including their birth name or the name found on government ID. In some cases, police releases will include a person’s deadname alongside their true name. Pronouns may also be inaccurately reflected in news releases.

Suggested actions for better reporting

Even if government ID says otherwise, all trans and gender-diverse people should be treated as though they have changed their name legally to whatever name they called themselves at the time of the crime. This includes reporting whatever pronouns a person used.

For example, you should say: “John Doe was reported missing on Thursday.” instead of “Jane Doe, who went by the name John Doe, was reported missing on Thursday.”

Sometimes a trans person’s name might not be known. If this is the case, be clear about the source of the name you are using. For example, you could say “The missing person, identified by police as John Doe, was last seen on Friday.” Instead of “The missing person, John Doe, was last seen on Friday.”

Error #3: Sensationalizing or stereotyping

A trans person is described using language that stereotypes or sensationalizes their personhood.

Stories about trans and gender-diverse people are often told in such a way that they sensationalize, exoticize, dehumanize, or shock. These representations of crime (and a person’s life in general) are disrespectful and unfair. They also fuel oppressive narratives that victims of violent crime were somehow deserving of such mistreatment.

This language serves to slut shame and victim blame, placing the responsibility for what happened to a person on them versus whomever it is that committed the crime. This is a troubling practice.

Suggested actions for better reporting

Don’t overemphasize a person’s trans status. That means thinking hard about whether to include details of someone’s physical appearance, what they were wearing, and how they presented. Avoid reverting to damaging stereotypes, like the assumption that someone was engaged in sex work, dealing with addiction, or experiencing discomfort with their body.

Ultimately, the best practice is to treat a trans victim the way you would treat any other victim. Think: How would you talk about this individual if they were a close loved one? A beloved sibling, partner, neighbour, or friend?

Scenario #4: Legal name use

A person wants to be referred to using a name that differs from their legal name.

“But what is your real name? What is your legal name?” These are two common questions fielded by community members. People don’t always go by the name they were given at birth. This isn’t only true of trans and non-binary folks. Think of Madonna, Lady Gaga, and other celebrities.

People use other names for many reasons: because it makes them feel good, because they fear for their safety among people or in places where they have not disclosed their trans-identity, or because they want a name that better reflects their personal identity.

Not everyone has the time, financial means, or desire to go through the process of formally changing their legal name. That doesn’t mean their wishes shouldn't be respected.

What to do

Ideally, you should respect and use the name a person gives you, point blank. Avoid asking about whether a name is “real” or not.

Some media policies dictate that legal names must be used. Be sure to disclose this policy to your source upfront and ensure you have full consent before continuing with the interview. There are still ways to reflect a person’s desired name, even alongside their legal name.

For example: “Shondra Adams (whose legal name is Sean Adams)...”

Scenario #5: Use of less familiar words

A person uses a word or phrase that might not be familiar to readers or listeners.

The meaning of words like genderqueer and non-binary may not be widely understood by your readers or viewers. While an editor may urge you to opt for a different word or simplified definition, it’s still important to reflect the language and meaning of the person you interviewed.

Not everyone has the time, financial means, or desire to go through the process of formally changing their legal name. That doesn’t mean their wishes shouldn't be respected.

What to do

Journalists are the intermediary between a source and the public. If you sense your editor or producer is going to press you to change a word, be upfront with the person you’re interviewing. Likewise, if you’re contending with a limited word count or 1-minute news hit.

Compassion and clarity go a long way. Explain the situation to a person and indicate that you want to use language that is meaningful to them but face certain barriers. Ask if there’s a one-line definition they would like you to use to describe the word, recognizing that this might not be possible given the complexity and nuance of peoples’ lives. Or, if that identity is not relevant to the subject of the story, just include the term and leave the audience to Google it.

For online stories, consider hyperlinking less familiar words to a Glossary of Terms that has been co-created with 2SLGBTQ+ communities, like the one created by The 519.

Reporting Do’s

Ensure you have informed consent before starting an interview.
Ask open-ended questions and be prepared to take an interview where someone wants it to go.
Weigh the cost of asking a question against your editorial need for details. Getting into the specifics of a traumatizing event to add drama to your story is not enough of a reason to make someone relive a difficult memory.
Be in service to the individual and their experience, and report stories in a way that centres their humanity and personhood.

Reporting Dont’s

Focus only on a narrative of pain and suffering.
Pressure someone for details if they can’t remember. It is common for survivors of traumatic and violent events to experience memory loss.
Pose questions in a way that might make a person feel blamed, shamed, or somehow responsible for the violence they experienced.

“If somebody was talking about one of your most difficult moments in life, is that all you would want them to see? It doesn’t dilute a story to also bring out something that makes someone more whole and complex.”

- Jaymie Sampa (she/her, they/them), Director, Strategic Partnership Initiatives at The 519

A 519 staff member with dark curly hair and glasses smiling at the camera. They are wearing a multi-coloured plaid shirt.

A person wearing a headscarf and glasses interviewing another person with their back to the camera. The interviewer is holding a pen and paper.

Other Reporting Tips

Explain what a person can expect from an interview, including the questions and how their story will be used
Position your interest in their experience and story. Ask why they want to tell their story to help frame your narrative and any calls to action
Discuss the way in which someone can pause or end an interview if they’re feeling uncomfortable at any point, without consequence to them
Ask someone if there’s a space where they feel safer talking
Encourage them to bring a safe and trusted person with them (e.g. a friend, family member, or caseworker) to an interview for support
Ease into asking your most sensitive, personal questions
End an interview by bringing people back to the present moment. For example, ask “What comes next for you now?” or “What’s something you’re looking forward to?”

Further Context

The following sections provide further context for reporting as it relates to the experiences of 2SLGBTQ+ Communities with crime, violence & the law.

Crime and Violence Figures in Canada

Statistics Canada data shows that gender-based violence affects 2SLGBTQ+ communities in Canada at rates higher than those experienced for cisgender and heterosexual people. This includes being more than twice as likely to experience inappropriate behaviours in public, online, and at work. In a 2019 survey by Trans PULSE Canada, 68% of trans and non-binary respondents reported being verbally harassed in the past five years, and 42% had been sexually harassed.

Racialized trans and non-binary people are disproportionately affected by violence and harassment, and are more likely to face physical violence, sexual harassment, and sexual assault when compared to non-racialized trans folks.

Trans people of colour are also less likely than non-racialized trans folks to call police services in the case of an emergency. Due to historical and ongoing discrimination throughout the criminal legal system, only 19% of respondents (less than 1 in 5) anticipate fair treatment from police and the legal system if physically assaulted; this drops to a stark 11% for people who have experienced sexual assault. These statistics are jarring, yet painfully familiar and unsurprising to racialized trans people.

Violent crimes are compounded by inaccurate, unfair media coverage, which acts to doubly victimize a person who has experienced violence. This includes when someone is misgendered by the media or another institutions, including during court proceedings.

Canadian research found that media portrayals of crimes committed against 2SLGBTQ+ communities dehumanize victims. Photos are rarely included (and commonly misrepresent a victim’s gender expression when they are), and reporting places greater emphasis on the crime versus the person who it was committed against.

When reporting on homicides, that same research found the media is more likely to report on victims the public will deem sympathetic. Marginalized individuals, including trans and gender-diverse folks, do not typically fall into this category. This results from deep-rooted, societal transphobia, homophobia, biphobia, and racism that deems our lives less, if not unworthy, of sympathy, support, and calls to action for change.

Trauma-Informed Reporting Approaches

Many people live with and experience trauma. Trauma represents a range of experiences, and includes physical, sexual, emotional, spiritual, financial assault or abuse, as well as oppression and discrimination faced by a person, their family, and/or their communities. This includes in the present day or in the past. For example, intergenerational trauma experienced by First Nations, Métis, and Inuit people in the context of centuries of forced colonization, genocide, and residential schools.

Trans and gender-diverse people, especially community members who are Black, Indigenous, and people of colour, are more likely to experience homelessness, violence, underemployment, income insecurity, and other realities. These topics should be approached with sensitivity, care, and a critical analysis of the structural and systemic forces at hand.

It can be helpful to phrase a question in a way that places someone in the context of the broader community—which they are, of course, a part of.

For example: “The pandemic has been tough on a lot of peoples’ employment situation. Can you share more about your experiences trying to find work?” is a more empathetic question than “How has being trans made it difficult for you to find work?”

When interviewing people about an experience that may be traumatizing or triggering, consider the additional best practices below.

Content Warnings

You may have seen the “CW” (content) or “TW” (trigger) warning tag at the start of a story or social media post. For example, “TW: sexual assault” or “Warning: This story contains graphic content and may be upsetting to some readers.”

Content warnings can be a valuable tool to offer people the choice as to whether they want to continue reading, viewing, or listening to a story that may evoke trauma or anxiety. Every media outlet will have a different policy on content warnings, and it’s important to look into the guidelines for yours.

In addition to a content warning tag, media outlets and organizations should ensure videos do not auto-play, as some people may experience preventable crisis through unknowingly being exposed to violent, difficult, and/or personally triggering content.

Referenced from: Doubly Victimized: Reporting on Transgender Victims of Crime. GLAAD: https://www.glaad.org/publications/transgendervictimsofcrime

Resources

See all resources

Crime, Violence, and the Law

Trauma Informed Reporting

An insightful guide written by journalist Alice Wilder that covers responsible interviewing techniques and more.

Visit website Open Trauma Informed Reporting in a new tab

Crime, Violence, and the Law

Doubly Victimized: Reporting on Transgender Victims of Crime

Thorough guidelines to ensure that trans victims of violent crimes are treated respectfully and fairly.

Visit website Open Doubly Victimized: Reporting on Transgender Victims of Crime in a new tab

Crime, Violence, and the Law

Missing and Missed Reports, Volumes 1-4

Justice Gloria Epstein’s review and recommendations evaluating how the Toronto Police Service conducts missing person investigations, particularly in relation to 2SLGBTQ+ communities.

Visit website Open Missing and Missed Reports, Volumes 1-4 in a new tab

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