GENDER DIFFERENCES & POLICE RESPONSE BRIEFINGS (These are excerpts from a book of briefings on a broad array of topics, all involving population groups with special concerns about police interaction.) (DRAFT) Editor Tod Schneider, EPD, 682-8186 tod.schneider@ci.eugene.or.us The purpose of this project is four-fold: 1.To provide training and on-going refreshers for officers on working with people who have special needs. 2.To present this information as a collection of short briefings that are easy to distribute, digest and integrate into training opportunities. 3.To reassure advocates/ members of the public who want confirmation that police know how to accommodate individuals with special needs. 4.To provide advocates/ members of the public with suggestions for improving their interactions with police. Explanation of Police Response to People With Special Needs Standard police training and protocols will be applied with all individuals to maintain safety for officers and all others present. Depending on whether special needs are apparent or not, officers may be able to fine tune responses even at the initial stage. Unfortunately, these special needs are not always readily apparent, and associated behaviors can be misunderstood. In most cases, officers will ask for identification. If behavior is unusual, they may also look for an identifying/ explanatory bracelet or tag, a card in a pocket or a wallet. Ideally, the card should include: 5.The person’s name, address, phone number, and 6.The same information for emergency contact persons, such as parents, other relatives, advocates, or case workers. 7.A clear description of the disability or special need (I.e.: “I do not speak English. I speak Croatian.”) Carrying such items can make it easier for officers to respond with sensitivity. Politely let officers know about special needs if you can, and tell them where to find the identifying information. If individuals with special needs can make it as easy as possible for officers to understand their circumstances, this should help head off misunderstandings. Under the ADA, police are required to make reasonable accommodations: offering an interpreter to someone who cannot hear or read lips, reading aloud a written document in its entirety before asking someone who is visually impaired to sign the document, or providing an alternate form of communication to someone who is developmentally delayed and cannot read or write. Taking people into custody solely because of actions or behavior caused by disability deprives them of their rights and may be a violation of ADA. Once safety has been established, other responses, special training or community resources may be drawn upon. Sexual Orientation Community contact: Emilee Thompson, SASS 484-9791 x. 306 supportadvocate @hotmail.com Compiled by Emilee Thompson, SASS; Reviewed by Joe Humphries, Gender Identity Work Group, Eugene Human Rights Commission, jhumph@efn.org and U.O. Lesbian, Gay, Bisexual and Transgender Educational & Support Services Program, Chicora Martin, chicora@darkwing.uoregon.edu Best Practices – How EPD may best assist Lesbian, Bisexual, Gay, Transgender, Queer and Intersex (LBGTQI) Communities: 8.When working with victims of crime, do not assume victims’ sexual orientation or gender identity until they identify themselves. Be open to the possibility of the person identifying as LBGTQI. If you are unclear and it is relevant to the situation, ask the person how they self-identify their sexual orientation or gender identity. 9.If the crime involves multiple people, be open to the possibility that people may be involved in an intimate same-sex relationship. For example, in cases of domestic violence or sexual assault, a perpetrator may be of the same-sex as the victim, regardless of how the perpetrator identifies one’s sexual orientation. Be aware that some people in same-sex relationships may not readily reveal the nature of the relationship for reasons of safety. 10.Respond promptly to, and thoroughly investigate, hate crimes based on sexual orientation and gender identity. Consult with and refer to the Human Rights Commission. 11.Respond promptly to, and thoroughly investigate, cases of same-sex sexual assault and domestic violence. Be aware of the myth of mutual abuse. In same-sex domestic violence, one person exerts a pattern of power and control over another, and it is often very difficult to determine who is perpetrating the abuse. Work closely with Sexual Assault Support Services (SASS) and/or Womenspace to assess carefully who is the primary aggressor. 12.Take time to build trust with members and organizations of LBGTQI communities. Get to know people, attend meetings, and be willing to hear people’s thoughts on how to serve the communities better. 13.Build a respectful work environment that is open and accepting of diversity related to sexual orientation and gender identity. Interrupt comments that are homophobic, biphobic, transphobic and heterosexist. 14.Seek further education and training on issues of sexual orientation and gender identity. Barriers for LBGTQI folks for seeking help from police or other service providers: 15.Fear of being outed or of outing themselves. “Outing” refers to having one’s sexual orientation or gender identity announced to other people without your consent. 16.May prefer not to discuss sexual orientation or gender identity with police. 17.May not want to reveal that the person who committed the crime against them identifies as LBGTQI or is of the same sex or gender, especially in cases of domestic violence. 18.Some trans people may carry documents (e.g. drivers license, learner’s permit) that have a different gender marker than what they present. As a result, if police ask for these documents, then trans people may experience tremendous fear about having to reveal their trans status or gender identity. 19.Isolation, lack of support 20.Fear of retaliation, harassment or discrimination based on sexual orientation or gender identity. In part, these fears are based on stories of police abuse and negligence of LBGTQI people at the local, state and national levels. 21.Distrust in the systems’ (medical, legal, social services, etc.) capacity to protect them after witnessing abuses (e.g. trying to seek help and being assumed to be heterosexual) in the past. 22.LBGTQI communities are very small and insular, which creates challenges for confidentiality. 23.Not wanting to air the community’s “dirty laundry” by reporting crimes. 24.Lack of legal protections: not all communities have non-discrimination ordinances or other legal protections to ensure that LBGTQI folks will not lose their employment, housing, etc. 25.Fear of losing custody of children. 26.Fear of jeopardizing immigration or citizenship status. 27.Fear of revealing HIV/AIDS status. Brief Introduction People who identify as, or who are perceived to be, lesbian, bisexual, gay, transgender, queer or intersex (LBGTQI) are often targeted and made victims of hate crimes or harassment based on their sexual orientation or gender identity. As indicated by the Human Rights Campaign, “Crimes committed in 2002 due to bias against the victim’s perceived sexual orientation represent 16.7 percent of reported hate crime incidents – the highest level in the 12 years since the agency began collecting these statistics – according to data released Oct. 27 in the FBI report Crime in the United States in 2002. Sexual orientation bias represents the third highest category of reported hate crimes.” LBGTQI folks also experience domestic violence and sexual assault at alarming rates. Although true prevalence studies are unavailable, in 2002 the National Coalition of Anti-Violence Programs documented 5,092 incidents of intimate partner violence, including sexual violence, amongst LBGT individuals, as reported by eleven regions (fourteen agencies) in the U.S. Also, in their 1998 survey of transgender and intersex individuals, the Survivor Project in Portland Oregon found that 50% of respondents had been raped or assaulted by a romantic partner. Many LBGTQI folks remain silent about domestic and sexual violence for fear of placing additional stigma on their communities. They may also be reluctant to report crimes or seek help from police, hospitals, or other service providers for fear of experiencing harassment and discrimination. In most areas, laws fail to protect LBGTQI people from employment or school-based discrimination and fail to safeguard their parental rights. It is essential for law enforcement to build trust with LBGTQI communities to ensure their safety when crime occurs. Essential Vocabulary for Working with LBGTQI Communities: Reprinted & adapted from the Northwest Network of Bisexual, Trans, and Lesbian Survivors of Abuse in Seattle, WA, the Survivor Project in Portland, OR, and Gender Education & Advocacy, Inc at www.gender.org. Sex: Presumed reproductive capacity, inferred from such traits as chromosomes, hormone levels, genitalia, or other sex organs. Gender: A psychosocial construct which most people use to classify a person as male, female, both or neither. Gender Identity: One’s personal view of one’s own gender. Gender Assignment: Medical personnel’s assignment of a gender - boy or girl - to newborns at birth based on visual inspection of genitalia if they do not appear intersex, otherwise after further testing. Gender Attribution: What someone assumes a person’s gender to be when observing that person. Gender Expression: Something an individual does that influences, or is intended to influence, another person’s perception of the individual’s gender. Gender Role: The aggregate of a society’s assumptions, expectations and mores for how a person of a particular gender is supposed to act and be acted upon socially. Sexual Orientation: One’s physical, sexual, emotional and intellectual attractions to other people, often identified with labels such as heterosexual, lesbian, gay, and bisexual. Lesbian: A woman or girl whose primary sexual and romantic feelings are for people of the same gender. Bisexual: A person whose sexual and romantic feelings may be for people of any sex gender. Gay: A man or boy whose primary sexual and romantic feelings are for people of the same gender. While many people use this term only to refer to gay men, others use it as a general term to include both men and women, for example, “the gay community.” Homosexual: Refers to any person whose sexual and romantic feelings are for people of the same gender. While once widely used, it is generally not preferred because it sounds so technical, and the label did not emerge from within the community. The term “homosexual” also has a negative impact for many because “homosexuality” was once defined as a mental illness. Although the medical and psychiatric professions have since said that being queer is not an illness, the term still feels oppressive to many people. Queer: Can be an inclusive term referring collectively to bisexual people, lesbians, gay men, transgender folks and others who may not identify with any of these categories but do identify as queer. While “queer” has often been used as a hurtful, oppressive term, some people have reclaimed it as expression of power and pride. It is also preferred because of its inclusiveness. There are others who do not identify with this term, and still experience it as insulting. Fag/dyke: Terms which some people have chosen to reclaim despite their history of being used in hurtful ways. While many people use these terms to refer to themselves and their communities, most people still find these terms oppressive if used by people outside of the community. GLBT/TBGL/LBGT: An acronym some people use to refer to gay men, lesbians, bisexual people and trans folks collectively. The letters may occur in any order. Homophobia: The systematic oppression of gay men, lesbians, and bisexual people based on their sexuality. Some people also define homophobia as the fear and hatred of homosexuals. Transphobia: The systematic oppression of transgender people because they do not fit societal expectations of how men and women are supposed to act and look. Biphobia: The systematic oppression of bisexual people specifically because they are neither gay nor straight. For example, many bisexual people feel that they are forced to “choose” between identities which do not fit. Heterosexism: The belief that heterosexual relationships and people are ideal, and that they are better or more normal than queer relationships and people. Also, the denial that queer people even exist, and the assumption that everyone is straight unless they tell you otherwise. Heterosexual privilege: Unearned privileges that go to straight people simply because they are straight: e.g., the ability to legally marry a partner, to take a date to the prom, and to talk publicly about crushes and intimate relationships. Bashing/hate crimes: Violence, or the threat of violence, that is used against queers either because they are queer or because they do not fit societal expectations of how men and women are supposed to look and act. This may also reinforce and support multiple forms of oppression. Asexual: Producing neither sperm nor ova. Intersex: Naturally possessing physiological or genetic characteristics of both male and female human sexes. Transsexual (adj): Having a gender identity of man/boy or woman/girl not matching gender assignment. In the U.S., transsexual people typically obtain medical intervention to bring physical sex into congruence with gender identity. Non-op, Post-op, Mid-op, Pre-op (adj): Referring to transsexual people, non-op indicates a person having decided against surgeries, post-op indicates a person having completed all intended surgery, mid-op indicates a person having completed some intended surgeries, and pre-op indicates a person who has not yet had any intended surgery. Cross-dresser (n): While gender identity and gender assignment match, a cross-dresser is someone who wears clothes that social custom dictates belong to a different gender role. May/may not take on separate name and/or set of mannerisms appropriate to the role matching current clothing. Frequently interested in matching others’ gender attribution of the cross-dresser to current clothing. Drag King/Queen (n): As a cross-dresser, but usually cross-dressing for performances and not as often interested in having gender attributed on the basis of clothing. Transgenderist (n): Gender identity and gender assignment do not match but seeks no medical intervention to change characteristics of physical sex. Lives as gender identity using clothing and other cures to influence gender attributions. Trans (adj): An all-encompassing term which includes transsexuals; cross-dressers; drag kings and queens; non-op, post-op, mid-op and pre-op folks; transgenderists; and transgender folks. Community Resources: (listed alphabetically) ACLU. Contact: Ph: 345-6162 Services: The American Civil Liberties Union defends everyone's civil liberties, and has been very active on GLBTQ issues. Human Rights Commission Contact: Ph: 682-5177, TTY: 682-5045; Email: hrc@ci.eugene.or.us Address: City Hall 777 Pearl Street Room 105 A, Web: http://www.ci.eugene.or.us/hrc-erac/hrcsite/home.htm Services: The HRC responds to community incidents and complaints, supports human rights-oriented community organizations and events, honors human rights leadership in the community, educates the community on human rights issues, and advises City government. HIV Alliance Contact: Ph: 342-5088; Address: 1966 Garden Ave, Eugene OR 97403 Web: http://www.hivalliance.org Services: Needle exchange, health care referrals, community education and outreach. Lane County Public Health Contact: Ph: 682-4041, Address: 35 E. 6th Avenue, Eugene, OR Services: HIV Tests, STD Clinics, & low/no-cost Hep A& B shots. Lane GQ (GenderQueer) Contact: Email: lanegq@efn.org Web: http://www.efn.org/~lanegq PFLAG (Parents and Friends of Lesbians And Gays) Contact: Ph: 302.4422 and helpline ph: 686.2280 Services: Support and resources for parents, friends, and family members of LBGTQ folks. Sexual Assault Support Services (SASS) Contact: Crisis: 343.SASS (343.7277) or 1.800.788.4727 or Business: 484.9791 Services : Advocacy (legal, medical, & other) and support for survivors of sexual assault, 24-hour Crisis/Support Lines, Drop-In Center M-F 9:00 a.m. to 4:00 p.m., Empowerment Program free self-defense classes and workshops, Support Group Program free and confidential support groups for women 18 years or older, with the exception of the Partners, Friends and Family group. Survivor Project Contact: Ph: (503) 288-3191, Address: PO Box 40664, Portland, OR 97240 Email: info@survivorproject.org, Web: www.survivorproject.org Services : Presentations, workshops, consultation, materials, information and referrals to many anti-violence organizations and universities across the country, as well as gathered information about issues faced by intersex and trans survivors of domestic and sexual violence. University of Oregon Lesbian, Gay, Bisexual, Transgender, Queer Alliance Contact: Ph: 346-3360, Email: lgbtqa@gladstone.uoregon.edu Web: http://gladstone.uoregon.edu/~lgbtqa/index.html Services : Referrals and information on issues concerning LGBTQ students; provides a safe space on campus with lending library, work station, and social hours; and helps to increase awareness of LGBTQ issues and concerns on campus by sponsoring events throughout the year. University of Oregon Crisis Center Contact: Ph: 346.4488, Address: 1280 University of Oregon Services : Individual therapy, Couples therapy, Psycho-educational Group therapy, Eating Disorders Program, LDHD/ADD Assessment, Substance Abuse Assessment Consultation Womenspace Contact: Crisis ph: 485.6513 or 1.800.281.2800 or Business ph: 485.8232 Services : Advocacy and support to survivors of domestic violence, 24-hour help line, Confidential Shelter for women and children, Community Education, Children’s Program, Transition Program Womenspace Queer Alliance Contact: Ph: 302.2417 or emergency ph: 485.6513 Services : Provides help to LGBT persons who are facing issues involving domestic violence. For More Information: Community Alliance of Lane County Contact: Ph: 485.1755, Elaine Hayes calc@efn.org Services : Back to Back: Allies for Human Dignity. CALC is committed to defending human rights and human dignity, while exposing and challenging both overt bigotry and institutionalized forms of oppression. Back to Back focuses on working against racism, anti-Semitism and heterosexism. Basic Rights Oregon Contact: Ph: 503-222-6151 Jessica DuBois, Field Director Web: www.basicrights.org Services: Basic Rights Oregon is dedicated to ending discrimination based on sexual orientation and gender identity. Projects include: educational programs focusing on the rights of GLBT Oregonians; Fair Workplace Project, which works with employers to provide non-discriminatory workplaces; and legislative and political advocacy, including organizing to pass local and statewide nondiscrimination laws inclusive of sexual orientation and gender identity. Gender Education & Advocacy Contact: Web: www.gender.org Services : Gender Education and Advocacy (GEA) is a national organization focused on the needs, issues and concerns of gender variant people in human society. They seek to educate and advocate for all human beings who suffer from gender-based oppression in all of its many forms. Human Rights Campaign (HRC) Contact: Web: www.hrc.org Services : HRC is a bipartisan organization that works to advance equality based on sexual orientation and gender expression and identity, to ensure that gay, lesbian, bisexual and transgender Americans can be open, honest and safe at home, at work and in the community. National Gay and Lesbian Task Force Contact: Web: www.thetaskforce.org Services : NGLTF is the national progressive organization working for the civil rights of gay, lesbian, bisexual and transgender people, with the vision and commitment to building a powerful political movement. If you are stopped by the police This article provides information about why police make stops and what you can expect if you are stopped by police. This document is not written to provide legal advice; rather, it is designed to offer suggestions for individuals who come into contact with Eugene Police Department officers. If you have specific legal questions, you should contact a private attorney. It is the policy of the Eugene Police Department to treat all persons with whom it has contact equally and without regard to their race or ethnicity. Except where race or ethnicity is part of an identifying description or characteristic of a possible suspect, any consideration by members of the agency of race or ethnicity in deciding whether to stop, question, search, or arrest a person constitutes racial profiling and is expressly prohibited. Officers may stop people who are driving when they observe a violation of the vehicle code or other laws, or if the person or vehicle matches the description of someone in an investigation. Officers may stop people on the street if they observe a violation, if they are investigating a complaint, or if they believe the person has committed or is about to commit a crime. These interactions usually involve the officer asking for your name, your address, and your identification. Officers also may walk in their patrol sectors and speak to people on the street. These contacts are not considered stops, and the goal is for the officers to become more familiar with the community. What To Expect When Stopped Each situation is unique and the police officer must alter his or her response to fit the circumstance. A Eugene Police Officer: 28.will provide his or her name and badge number upon request. 29.who is not in uniform will present proper identification; you may request to examine their credentials so that you are satisfied he or she is a law enforcement officer. 30.will tell you why you are being stopped. 31.will only use the force necessary to effect the arrest of a suspect and to maintain custody of the prisoner. 32.will only arrest a person for a crime committed in the officer's presence, or when the officer has probable cause to believe the person has already committed the crime, or for a warrant. Traffic Stops Common Reasons To Be Stopped Traffic safety for motorists, pedestrians, and cyclists remains one of the largest public safety concerns in Eugene, so traffic enforcement is an important role for police. The most likely reason people are stopped while driving is for violation of the vehicle code. Violations Fall Into Two Categories: a.Moving Violations: Includes improper lane change, failure to stop at a red light or stop sign, driving in excess of the posted speed limit, etc. b.Non-Moving Violations: Includes occupants not wearing their seat belts, children not restrained properly, a tail light or brake light not working correctly, or failure to possess a license, registration, or insurance. Other Reasons Individuals May Be Stopped While Driving c.Criminal investigations often involve officers looking for a suspect, a witness, or a suspect vehicle. Your vehicle may match the description of someone the officer is looking for. d.Courtesy or safety concerns, such as when your trunk is open, something is hanging from your vehicle, or something is on top of your vehicle, may also lead to stops. e.A warrant exists for the arrest of an occupant of the vehicle. Things to Do When Stopped Officers are trained to place a great deal of emphasis on their safety and survival so they can do the job of protecting others. Many of these guidelines are based on the safety procedures that officers follow. f.When you see the red overhead lights and/or hear the siren, remain calm and safely pull over to the right side of the road. g.Remain in your vehicle unless the officer advises otherwise. h.Keep your hands on the steering wheel so the officer can see them. i.Avoid any sudden movements, especially toward the floor, rear seat, or passenger side of the vehicle. j.Do not reach for your license or other documents until the officer requests them. Oregon state law requires drivers to show their license, vehicle registration, and insurance card upon request. k.It is the driver's responsibility-not the owner's-to ensure that the vehicle being driven is insured and that the proper documents are in the vehicle. l.It is the owner's responsibility to ensure that the person driving the vehicle possesses a valid driver's license. m.If your documents are out of reach, tell the officer where they are before you reach for them. n.If you have a weapon in the vehicle, promptly notify the officer of its location. o.If the stop occurs during darkness, turn on your dome or interior lights so the officer can easily see the interior of your car. p.If there are passengers in your vehicle, encourage them to remain quiet and cooperate with instructions. q.The officer may issue you a citation. If you feel the reason is vague or unclear, ask the officer for details. r.Avoid becoming argumentative. Arguing will not change the officer's mind. If you contest the violation, you will have an opportunity to address the matter in court. s.Be honest with the officer. If you really didn't see the stop sign, or were unaware of the speed limit, let the officer know. Being honest about any situation always helps. t.If you receive a citation, accept it calmly. Accepting it is not an admission of guilt. As The Driver, You Are Responsible For: u.The conduct of the passengers. This covers such things as passengers throwing trash out the window, hanging their arms or legs out of the window, or acting in a disorderly manner. v.Ensuring that all passengers are wearing their seatbelts and that children are properly secured. If you do not agree with the reason for a citation, the reason for the stop, or the officer's demeanor, keep track of all pertinent information about the stop, including the officer's name and badge number. Officers are unable to handle your complaint on the scene. w.If you do not agree with the reason for a citation, you have the right to contest it by going to Municipal Court. x.If you do not agree with the officer's demeanor or actions during the stop, you have the ability to complain to the officer's supervisor, or the Internal Investigations Sergeant at 682-5126. Person Stops Common Reasons To Be Stopped A person might be stopped if the officer has reason to believe the person: y.Committed a crime. z.Is about to commit a crime. aa.Has evidence of a crime. Children and youth can also be stopped for curfew violations. Curfew times are: Midnight to 4 a.m. for anyone under 18. Exceptions: if accompanied by a parent, guardian or other adult authorized by the parent or by law; Such minor is engaged in a lawful activity (ie. work) which requires the presence of the minor in such places during specified hours; or the minor is emancipated under ORS 419B.550 to 419B.558. As in traffic stops, other reasons to be stopped include officers looking for information in an investigation and officers alert to safety concerns of people on the street. Things To Do When Stopped Again, officers are trained in safety procedures so they can do their job of protecting other people. bb.Keep your hands where the officer can see them. Don't put your hands in your pockets. cc.Stay put and stay calm. Don't walk or run from police. dd.Don't interfere with an officer making an arrest or making a traffic stop. ee.If ordered to do so, comply with the procedures for a search. If an officer has a reasonable suspicion that you may be carrying a weapon or illegal substance, you may be subjected to a pat-down search. Police at Your Home A police officer can enter a residence if: ff.You give them consent, or gg.They have an arrest or search warrant, or hh.There are urgent circumstances, such as if they are in pursuit of a suspect who just entered your residence, or there are circumstances where officers believe that a suspect or evidence will be lost if they wait for a warrant, or ii.They are performing community caretaking functions, such as rendering first aid, preventing serious harm to a person or property, or locating a missing person. If You Are Arrested If you are arrested, you need to be told what you are being charged with. Don't resist arrest, even if you disagree with the reason or the charge; following your arrest you have the right to legal representation. At the time of arrest, if you are a foreign national, law enforcement officers have a legal obligation to advise you of your right to communicate with your corresponding Consulate. If you request that your Consular office be notified by the arresting officers, this notification should occur without delay. Constitutional Rights If you are being questioned about the incident after an arrest, all persons (juveniles and adults) have the following rights, referred to as Miranda Rights: jj.You have the right to remain silent. kk.Anything you say can and will be used against you in a court of law. ll.You have the right to talk to an attorney and have him or her present while you are questioned. mm.If you cannot afford to hire an attorney, one will be appointed to represent you at no expense. Rights of Police nn.Police may use reasonable force to make an arrest or detain someone. oo.If they have probable cause, they can search you, your vehicle and, in some circumstances, your residence. pp.If they have probable cause, they can seize your property. qq.If they have reasonable suspicion that you have a weapon or illegal substance, they can pat you down in an attempt to locate the weapon or substance.