Rise of crimes and violence against trans women needs urgent attention

On January 1, 2019, a body of a trans woman was found along Jalan Batu Nilai in Klang. Preliminary reports show that she had sustained a number of injuries on her knees, ankle and other parts of the body. The death of the woman raises serious concerns and suspicion. A suspect has been arrested and remanded in connection to the case. He claims that the victim had jumped out of a moving vehicle upon being confronted about stealing the suspect’s handphone.  

We are extremely concerned over the rise in cases of violence and crimes against trans women in Malaysia. Including this case, at least 3 cases of murder have been reported between November 2018 and January 2019. 2 of which took place in Klang. This brings the cases of reported murders of trans women to a total of 18 cases since 2007, averaging at 1.5 cases a year.

In many of the reported cases of murder of trans women, the victims often suffer excessive and extreme violence or torture. Based on the 18 reported murders of trans women in Malaysia, the victims were subjected to torture, including being beaten to death with a hammer, strangled, gagged, stabbed multiple times, physically assaulted, pushed from a building, drowned in a water retention pond, shot, mutilated, etc.

The brutal and excessive violence or torture has to be looked at closely. The elements of torture in these crimes suggest a number of things, including increased rage or hate by perpetrators against trans women, impunity enjoyed by people who commit violence against trans women, amongst others.

We welcome the swift actions by the police, and we look forward to a thorough, unbiased and objective investigation. It is imperative that the police corroborates the evidence and thoroughly investigate the case to ensure justice for victims and their loved ones.

Reported cases of murder of trans women in Malaysia between 2007 and January 2019

Address stigma, stereotypes and misconceptions against trans women to increase access to justice

Stigma, stereotypes and misconceptions against trans women increase and justify violence against trans people. Stereotypes and misconceptions such as trans people being unnatural, immoral or against religions and laws give the impression to others that they have the right to violate and abuse trans people.

People commit crimes against LGBTIQ persons because social stigma and discriminatory laws protect the abusers. Our society not only denies the rights of trans women but also target them through laws. When the laws target trans women, this forces them to live in the margins and become resigned to a life of discrimination, violence, abuse and neglect. Therefore, those who abuse trans women often do so because they know they can get away with it. All of which reinforces the culture of impunity.

In addition, these stereotypes and stigma often disadvantage trans women, effectively hindering a thorough and unbiased investigation, ultimately denying access to justice. In many cases of violence and crimes against trans women, trans women are not only blamed but are seen as the guilty party. The stigma and stereotypes in relation to trans women also often allow for absurd defence by the perpetrators. Some common narratives include narratives that position perpetrators as acting or reacting out of self-defence, to protect themselves from theft/crime, repulsion, or rejection of sexual advancements. This plays into the stereotypes of trans women being criminals and immoral, often resulting in lack of adequate penalties against perpetrators for the violence and crimes committed.

Perpetrators must be held accountable. However, punishment alone will not resolve this systemic issue. Perpetrators, and society in general,  should be provided with adequate support and information on gender and sexuality to ensure meaningful change in attitudes, behaviour and understanding of diversity. Education and efforts to dismantle legal and non-legal barriers experienced and create an inclusive and affirming environment are extremely critical in reducing crimes, violence and discrimination against trans people and marginalized communities.

Need for proactive preventive measures

With the rising cases of violence and murder against trans women specifically, and LGBT people in general, the police have a critical role to play in reversing this trend.

Firstly, we call for the police to introduce a guideline on handling, documenting and analyzing cases of murder and crimes in relation to trans people and lesbian, gay, bisexual, transgender, intersex, queer people (LGBTIQ+). Documentation and analysis of the cases of crimes and violence against trans women and LGBTIQ+ people are important to develop an understanding of the trend of the violence and to design specific interventions.

Our documentation and reported cases of murders show that gangsters, vigilante groups, intimate partner, clients of sex workers, strangers (often young persons) are the perpetrators of violence and crimes. Based on the cases, the perpetrators are all cisgender men across a wide age spectrum. This shows us that there is a critical need to address toxic masculinity and increase gender education in our society. Our documentation also shows communities and areas that are more vulnerable to crimes and violence. For example, trans women sex workers have increased vulnerabilities due to their increased exposure to diverse types of people. The emergence of vigilante groups, which often operate under the guise of residential patrol groups, for example, Kedah has also increased cases of violence against trans women.

It is important to note that cases of violence and crimes experienced by trans women are not reported or under-reported. This correlates with the trust deficit in the police, the perpetrator prey/victim dynamics between police and trans women, and lack of protection for trans people. The general lack of confidence in the police to swiftly and thoroughly investigate cases often prevents trans women from seeking justice, report cases, and in some cases, come forward as witnesses. Thus, it is extremely important for the local police departments to engage with the affected communities and bridge this trust deficit in order to efficiently ensure safety and security for all. We also call for the police to engage trans women communities in Klang, Kedah and other hotspots that have recorded a high number of cases of violence and crimes against trans women.

Crimes and violence towards trans women and LGBTQ people are rising at an alarming rate. The murder of the trans woman on new year’s day is a reminder of the realities that trans people live in and the urgency to amplify efforts in addressing violence and crimes against trans and LGBTQ people. These crimes and violence have an overarching impact on the safety, security and well-being of all persons, more so trans people. These continuous traumatic events of violence and crimes, if not addressed with an evidence and rights-based approach, will further isolate trans and LGBTQ people and increase the trust deficit in police and the government.  

Endorsed by:

1. Justice for Sisters
2. All Women’s Action Society (AWAM)
3. Association of Women Lawyers (AWL)
4. Women’s Aid Organisation (WAO)
5. Malaysian Design Archive (MDA)
6. Persatuan Sahabat Wanita Selangor (PSWS)
7. People Like Us, Hangout (PLUHO)
8. Pelangi Campaign
9. Knowledge and Rights with Young people through Safer Spaces (KRYSS)
10. Sisters in Islam (SIS)
11. Tenaganita
12. Women’s Centre for Change (WCC)
13. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
14. Perak Women for Women (PWW)
15. Seksualiti Merdeka
16. Queer Lapis
17. PT Foundation

Documented cases of violence and crimes based on gender identity, gender expression and actual or perceived sexual orientation

1. 2012 and 2013 – a group of gangsters in Pahang, physically assaulted over 13 trans women with steel chains, helmets and steel bars in a spate of attacks, resulting in serious injuries. Based on media reports and I am Scared to be a Woman, a report by Human Rights Watch, one woman being ‘beaten into a coma’ and some received between 18 and 78 stitches as a result of the assault.
2. 2015 – A trans woman human rights defender was attacked in the vicinity of her home
3. June 2017 – A young person in Penang died as result of physical assault and torture by a group of former schoolmates. The perpetrators had previously bullied the victim in school due to his ‘effeminate’ gender expression
4. January 2017 – January 2018 – at least 12 cases of break ins and property destruction by persons in residential areas, strangers or unknown perpetrators; physical attacks, humiliation and torture by vigilante groups disguised as community policing or residential groups
5. 2017 – A Thai trans woman was stabbed multiple times by a client in Penang.
6. 2017 – 2018 – Skuad Badar Sungai Petani emerged on social media platforms, urging religious authorities to take action on trans women. We have also received information that this group has harassed, arrested and attacked the trans women in the community, including shaving the heads of trans women in their custody.
7. March 2018- attacks and harassment of a few Women’s Aid Organisation (WAO) volunteers by a few individuals for allegedly being LGBT supporters after the Women’s March on 10th March 2018
8. August 2018 –  A trans woman in Seremban was severely assaulted by a group of men resulting in serious injuries to spleen, spinal cord, rib bones, amongst others.
9. December 2018 – A video of two gay men assaulted by a group of men for allegedly being intimate in a car went viral on social media platforms