Identity, Rape, Law, and Incarceration: An Intersectional Study of the Ky Peterson Case

The Details Of Ky's Case

On the fateful night of October 28, 2011, Ky Peterson, a twenty-year-old unemployed Black transgender man, shot an unknown assailant outside a store in Americus, Georgia. As he walked home past a seemingly unoccupied trailer, he was struck by something in the back of his head, causing him to blackout. As Ky regained consciousness, he realized he was lying under the same man, now naked, whom he had snubbed outside the convenience store a couple of minutes ago. As the man forced himself inside Ky, he continued spewing racial and homophobic slurs at him.

Terrified, surprised, and horror-struck, Ky kept screaming from the physical pain and psychological distress as the present was impinged by his past experiences of a similar sort. Such an incident was not happening for the first time with him. Earlier, when his neighbour had attacked him, the cops had barely even bothered to file a report, let alone investigate and arrest the perpetrator.

While Peterson continued to holler and struggle with his rapist, he heard his younger brothers approach the trailer, calling out his name. When they found Ky, they dragged his attacker off him and flanked the bruised Ky outside the trailer. As Ky was being escorted to safety, the attacker charged again. To save him and his brothers, Ky expeditiously pulled out the gun he always carried with him for safety and shot the attacker in his torso, killing him instantaneously. It was a do-or-die situation that altered the course of Ky's life. He and his brothers, now in a state of panic and trauma, found themselves in a very precarious situation even though they were the victims. Both of Ky's brothers had criminal records. Ky knew that the three black men would be seen as murderers regardless of whether they went to the police or waited for the body to be found on an isolated road in the woods. To save himself and his brothers from this unfortunate situation, Ky pulled out his mother's car, stuffed the dead body into its trunk with the assistance of his brothers, drove to a quiet place, and stealthily dumped the attacker's dead body on the side of the road in the rural area where people less frequented.

During a phone call from the Pulaski State Prison, Peterson recalled how he and his brothers did not go out looking for trouble when they hung out at the convenience store that night, which is some fifty yards from the place of their residence. He also added that he carried the gun solely for his protection and had not anticipated the grim incident that night.