Homophobic and Transphobic Violence in Contemporary Ukraine: Victims' Experiences and Patterns of Policing by Roman Leksikov A
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Homophobic and Transphobic Violence in Contemporary Ukraine: Victims’ Experiences and Patterns of Policing by Roman Leksikov A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in GENDER AND SOCIAL JUSTICE STUDIES Department of WOMEN’S AND GENDER STUDIES University of Alberta © Roman Leksikov, 2019 Abstract This study examines homophobic and transphobic violence in contemporary Ukraine: victims’ experiences and patterns of policing and prosecuting by the law enforcement and judicial systems. A range of research methods - primarily in-depth semi-formal interviews and document analysis - were employed to conduct this study. The first chapter examines the experiences of LGBTI+ victims who faced hate and bias- motivated assaults; the ways they navigate public space in; as well as their attitudes to the criminal justice system before and after experiencing the major violent attacks. Also, this part examines the patterns of the violent situations from a micro-sociological point of view. The second chapter is dedicated to the issues of policing and prosecuting of such crimes by the law enforcement officers. This part examines the first encounters of LGBTI+ people by the police officers, the language police officers use while interacting with LGBTI+ victims, existing practices of recognition and categorization of these attacks, patterns of investigation and prosecution, and related issues. A separate focus is on the effect of informalities and extra- legalities on anti-queer violence policing and the changes in policing and prosecuting practices in the context of the Police Reform (2015). The last chapter is dedicated to the issues of the judicial system’s response to violence against LGBTI+ people, and also examines collateral damages and long-time consequences of victimization and justice-seeking process. The study is informed by multiple theoretical frameworks and approaches - queer criminology, critical legal studies, critical criminology, pure sociology, structural functionalism, micro-sociology and symbolic interactionism, and employs a wide range of theories, applying the concepts of structural and cultural violence, street-level bureaucracy, contact zone etc. to ii analyze the issues described above. This thesis seeks to contribute to discussions about the political strategies of LGBTI+ communities and advocacy groups towards the criminal justice system and anti-violence policies, such as: the peculiarities of cultural violence against LGBTI+ people and the role of the criminal justice system in these violent structures; the advancement or politicization of hate crimes policing and resistance to it within the criminal justice system; and the capacity of agency and discretion law enforcement officers have while dealing with hate and bias-motivated attacks. iii The thesis is an original work by Roman Leksikov. The fieldwork conducted to undertake this research was approved by the University of Alberta Research Ethics Office by Anne Malena on July 17, 2018, ID - Pro00081920. No parts of this thesis have been published before the date of defense. iv Acknowledgments I want to thank my supervisor, Dr. Susanne Luhmann, and my second reader, Dr. Jana Grekul for navigating me and my inquiry throughout the process of making research and writing the thesis, providing me with useful suggestions and valuable comments. I am sincerely grateful to the Department of Women’s and Gender Studies at the University of Alberta for major institutional support of this study! Also, I want to express my gratitude to the institutions that supported this study financially: the Canadian Institute of Ukrainian Studies, which provided me with Iwanciw Ukraine Travel Award, the Institute for Sexual Minorities Studies and Services, which awarded me the annual Ronald Gordon Rowswell-O’Connor Graduate Award, and the Department of Women’s and Gender Studies that awarded me the annual Dallas Cullen Scholarship in Gender and Social Justice Studies. I want to pay my regards to "Nash Svit" ("Our World") LGBT Human Rights Center, which is located in Kyiv, for their support and engagement in conducting this study. The team of the Center was excited to collaborate on doing this research and kindly helped me to recruit participants for interviews. I want to acknowledge separately the job done by the expert of the Center Sophia Lapina, as well as the contributions of Andrii Kravchuk and Oleksandr Zinchenko. Of course, this research would be impossible without voluntary participation of my interviewees, whom I want to thank for trusting me, and for participating in the study, even while being afraid for their safety. Also, I want to recognize the valuable help of my dear friends Dafna Rachok and Ivan Shmatko, who were supporting me in all possible ways during the period of my master's studies, while conducting fieldwork, and writing the thesis. Besides this, I’d like to specifically acknowledge Dafna for helping me to edit and proofread the final version of this work! v Table of contents: Introduction 1 Chapter 1: Anti-queer Violence: Victims’ Experiences 11 Chapter 2: Criminal Justice System and Anti-Queer Hate-motivated Violence 40 Chapter 3: Tracking Victims’ Life-Course after Police 75 Conclusions 90 Where Do We Go from Here? 96 Bibliography 94 Charts 98 vi Table of charts: Chart 1: Age of Participants 104 Chart 2: Participants’ Current Place of Residence 104 Chart 3: Participants’ Occupation 105 Chart 4: Participants’ Gender Identity 105 Chart 5: Participants’ Sexual Identity 106 vii Introduction The issue of policing of homophobic and transphobic hate crimes has become one of the most debated questions in Western academia and activist environment (Perry 2008, Peterson and Panfil 2013). From the 1970s onwards, in most Western countries LGBTI+ people organized to overcome the problems of invisibility, silence, marginalization as well as criminalization by state institutions (Barry 1995). During this time, queer communities who previously were subjects of criminalizing politics by institutions of state violence (like the police) now have become a subject of state protection, while anti-queer hate speech has become criminalized and anti-queer hate crimes started to be punishable under the law, and this way, the very notion of homophobic and transphobic hate crime was constructed (Tiby 2007). This shift caused a broad debate between two opposing camps of academics and activists. On the one hand, liberal LGBTI+ movements often rely on state support and expect state institutions to protect them from homophobic and transphobic acts. This approach is generally based on the theory of contributive justice and several other criminological theories, like the rational choice theory, and this position implies that expanding policing and incarceration practices are an effective and ethical way to deal with crime. On the other, radical and left queer movements often strongly oppose this way of thinking and promote the opinion that expanding policing and criminal justice system will never protect vulnerable social groups from assault, crime, and discrimination. To prove their position, radical queer activists often appeal to the terms “carceral feminism” and “carceral queer movement”1 (Spade, 2015) to argue for the impossibility of making structural changes by dealing with the effects instead of the causes. They criticize the attempt to individualize the structural problems and argue that the first approach only reinforces and strengthens existing social inequalities, and try to emphasize the problem of queer investment into the justice institutions and retributive justice (Ball 2014, 548-549; Meyer 2014). Although both these paradigms are theoretically grounded to a certain extent and rely on ethical reasoning, there is little sociological research that examines how both these approaches 1 The terms “carceral feminism” and “carceral queer movement” usually refer to feminist and queer political approaches that built on the belief that harsher penal measures and increased incarceration of those who commit offences against women or LGBTI+ people, are effective and ethical tools to deal with anti-women and anti-queer crimes. These terms also signify the relevant advocacy aspirations, which are directed at the creation and enforcement of the relevant legislation and state policies. 1 work in practice. Queer criminology is a newly-born branch of the social research and is not institutionalized yet. As Mathew Ball argues ( 2016, 56), the construction of opposing camps as described above is not helpful when conducting comprehensive studies on the relationships between LGBTI+ people and the criminal justice system. Moreover, these two approaches simplify social reality because, for instance, there are examples of how different criminal justice institutions may treat LGBTI+ people differently in the same society, at the same time (Dwyer, 2014, 156). One of the main goals of queer criminological research, a tradition that this study strives to contribute to, was framed by Matthew Ball: to explore how sexual orientation and gender identity as non-deviant differences - in combination with other differences - may influence victimization, involvement in crime, and experiences in the criminal justice system more broadly (Ball 2014, 541). However, it is also essential to understand that the results of previous queer criminological studies, which were produced in the First World countries, can only be applied to developed Western societies. And there