Two-Spirit people’s incarceration was significantly higher than that of Indigenous non-Two-Spirit people.
This is according to a study – “Prevalence and Correlates of Incarceration Among Trans Men, Nonbinary People, and Two-Spirit People in Canada” by Kai Jacobsen, Alexi T.Y. Hu, Aeron Stark, Benjamin J. Klassen, and Nathan J. Lachowsky – that appeared in the Journal of Correctional Health Care.
The researchers noted that sexual and gender minority populations are known to experience both higher rates of incarceration and more harmful experiences while incarcerated. And yet “little is known about incarceration rates or experiences among these populations… or among trans men, nonbinary people, and Indigenous Two-Spirit people.”
For this study, the researchers analyzed anonymous self-completed survey data from gay, bisexual, trans, and queer men, and nonbinary and Two-Spirit people to determine the prevalence and correlates of lifetime incarceration among trans men, nonbinary, and Two-Spirit participants. In total, 8,985 people participated. Of these participants, 7,793 (87%) were cisgender non-Two-Spirit men, 791 (9%) were trans, 198 (2%) were nonbinary, and 193 (2%) were Two-Spirit.
Some of the findings included:
- Of all 8,985 participants, 390 (4.3%) indicated that they had been incarcerated in their lifetime.
- The prevalence of lifetime incarceration was not only higher for trans, nonbinary, and Two-Spirit participants compared with the total sample, but also higher compared with their respective counterparts, that is, 5.7% of trans participants compared with 4.15% of non-trans participants, 10.6% of nonbinary participants compared with 4.19% of participants who did not identify as nonbinary, and 19.7% of Two-Spirit participants compared with 7.1% of Indigenous non-Two-Spirit participants.
- The prevalence of lifetime incarceration among non-Two-Spirit cisgender men was 3.7%.
- Not having finished high school was associated with higher odds of lifetime incarceration for all three subgroups.
- For trans and nonbinary participants, being less out/open about one’s sexuality and having experienced forced sex under the age of 18 was associated with higher odds of lifetime incarceration.
- For nonbinary and Two-Spirit participants, having ever injected drugs and having used substances other than alcohol, cannabis, or tobacco in the past six months was associated with higher odds of incarceration.
- For trans participants only, having ever been diagnosed with hepatitis C virus (HCV) or HIV was linked to higher odds of incarceration.
According to the researchers, the higher rates of incarceration can be easily explained by the discriminatory treatment by police of sexual and gender minority populations, though also by many social determinants of health that also likely contributed to higher rates of incarceration (e.g. not finishing high school).
In the end, the researchers stated, “given that sexual and gender minority people already face additional stigma- and discrimination-related barriers to accessing harm reduction services outside of carceral settings… (there is a) need for gender-sensitive prevention, screening, treatment, and harm reduction programs in correctional facilities and upon release to prevent HCV and HIV transmission, overdoses, and other potential substance-use related harms.”
