Legal blind spots: The challenges of recognizing and addressing Intimate Partner Violence in LGBT communities within the legal system

Abstract

Intimate Partner Violence (IPV) within LGBT relationships remains an underexplored phenomenon, often overlooked by institutions and inadequately addressed within the legal system. Existing literature highlights the underestimation of its prevalence and the lack of tailored legal and protective measures. However, the scarcity of systematic data and the absence of structured debate on this issue hinder a comprehensive understanding of how the justice system responds to IPV in same-sex and LGBT relationships. This study aims to investigate the visibility of IPV victims within LGBT relationships, assess the extent to which such cases emerge in the judicial system, and examine how legal professionals and law enforcement agencies engage with the phenomenon. To address these questions, a qualitative methodology was employed, consisting of semi-structured interviews with 28 legal professionals, including lawyers, judges, prosecutors, and police officers operating in the Emilia-Romagna and Sicilia regions, in Italy. The data collection process was preceded by exploratory interviews to identify key challenges in detecting and addressing IPV within LGBT relationships, given its deeply concealed nature. Some emerging findings suggest that institutional responses to IPV in same-sex relationships remain fragmented and often insufficient, potentially leading to further discrimination. Limited training among legal professionals and law enforcement may hinder a nuanced understanding of the specific dynamics involved, while the absence of systematic data collection and the challenges in proving psychological and economic abuse risk underestimating the phenomenon. Difficulties in recognizing and appropriately addressing IPV within LGBT relationships could also contribute to secondary victimization and erode trust in the system. Furthermore, limited coordination between judicial actors, victim support services, and LGBT organizations appears to weaken the effectiveness of intervention and assistance strategies. These insights highlight the need for structural improvements, including targeted training and more comprehensive data collection, to enhance awareness and promote fairer access to justice.

Keywords: IPV, LGBT, secondary victimization, institutional responses.