Domestic Violence among LGBT + People in China: Results from a national court rulings review

Abstract

Abstract Purpose Domestic violence has been an emerging area of study in recent decades for lesbians, gay men, bisexuals, and transgender people (LGBT +). While some research discussed domestic violence among LGBT + couples in Western countries, very little attention was paid to the patterns of domestic violence in the Chinese context. Against this backdrop, this study sought to elucidate the prevalence and distinctive features of family violence against LGBT + individuals that have been recorded by court rulings, as well as to scrutinize the responses of the judicial system towards these cases of violence. Methods This study utilized a qualitative research approach, relying on court rulings as the primary data source. Specifically, data were collected from the official website that publishes judgments from courts at all levels of China. Content analysis and discourse analysis were employed as analytical techniques to uncover the underlying patterns of family violence among LGBT + people and examine the responses of the judicial system concerning the protection of LGBT + individuals. Results Through an analysis of the court rulings, the findings reveal a total of fifty-three cases of family violence involving LGBT + individuals. These cases constitute approximately ten percent of all criminal cases concerning the LGBT + population. Among these cases, forty cases involve violence perpetrated by LGBT + intimate partners. The violence can be further classified into distinct categories, including break-up violence, sexual violence, and violence occurring in daily life. The consequences of such violence typically result in fatalities or physical injuries. Another form of violence examined in the study is observed within legal partnerships, such as between a heterosexual husband and his lesbian wife. This type of violence also tends to lead to severe outcomes, including deaths or bodily harm to the victim. Furthermore, one noteworthy case of family violence discussed in the research involves a parent–child relationship. Conclusions This study uncovers multiple sources of violence experienced by LGBT + individuals within the context of domestic relationships in China. While LGBT + individuals can employ criminal law to protect their rights as citizens, the legal recognition of same-sex relationships remains rare. Yet, this legal recognition could change the situation in same-sex families troubled by family violence.