Draft guidelines for body searches uncovered

Posted in: New Zealand Daily News
By GayNZ.com Daily News staff - 8th July 2010

Police have put together a draft policy which includes proposed guidelines for body searches of transgender and intersex people.

It advises officers to ask whether the person in question would prefer to be searched by a male or female, and then ensure that wish is witnessed by more than one police employee and recorded in their notebook.

The document points out that officers should be mindful that many trans/intersex people "will be particularly uncomfortable about having their body touched or viewed and may have previously been ridiculed because of their body or gender identity".

The proposals have detailed procedures for rub-down searches and strip searches.

For rub down searches, it says an officer who is not of the preferred sex may conduct or assist if there is no one else readily available, but they must limit their search to the extent required to eliminate danger or preserve evidence.

It advises officers to be aware that some trans women wear breast implants and some men bind their chests or wear a prosthetic, and "these might be felt during a rub-down search".

In the case of strip searches, the guidelines are similar, saying police should ask whether the person wants to be searched by men or women. If only one person of the preferred sex is available – the second person can be within hearing distance but out of view of the trans/intersex person. Otherwise it advises requesting the assistance of a medical practitioner, nurse or legal guardian.

Police are advised to make an assessment of the transgender person's sex based on their gender presentation, such as their preferred name and clothing, if they will not say which sex they prefer the searcher to be. In the same situation with intersex people, police are advised to use both a male and female officer.