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

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.

本文研究了中国背景下LGBT+群体遭受家庭暴力的特征及其司法系统的应对方式，重点探讨家庭暴力在LGBT+群体中的发生模式、法院裁定的案件特点，以及法律对受害者权益保护的现状和局限性。

本研究采用定性研究方法，以中国各级法院裁决文书为主要数据来源，通过内容分析和话语分析揭示LGBT+群体中家庭暴力的模式，并分析司法系统在应对此类暴力案件时的表现和保护机制。

分析表明，共有53起涉及LGBT+个体的家庭暴力案件，占LGBT+相关刑事案件的约10%。其中40起案件为LGBT+亲密伴侣间的暴力，涵盖分手暴力、性暴力及日常生活中的暴力，并常导致受害者死亡或身体伤害。此外，还发现法律婚姻关系中的暴力，如异性恋丈夫对同性恋妻子的暴力，同样导致严重后果。研究还探讨了一个父母与子女间的家庭暴力案例。尽管刑法为LGBT+个体提供了一定的保护，但同性关系的法律认可度极低，这对同性家庭中家庭暴力的应对构成了障碍。