22nd February 2012
TODAY'S BEST BET
Woman brutally beaten after suspect learns she’s transgender; San Antonio PD says no hate crime
How could this not be a hate crime?
A male suspect brutally beat a woman in San Antonio after learning she was transgender, KENS Channel 5 reports. The story doesn’t provide much detail, but police told KENS the suspect and the victim had an “arrangement” and that he expected to “have a good time with her.” But after he learned she was transgender, he beat her badly in the face and dumped her off outside an apartment complex, where she knocked on a door begging for help.
Texas’ hate crimes law includes “sexual preference” but NOT gender identity. However, the new federal hate crimes law passed last year does protect transgender people and presumably could be used in this case. If the man beat the victim because she is transgender and not cisgender, then yeah, we’d say that’s a hate crime. Let’s get with it, San Antonio police.
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Exactly how does this differ from a case where a gal is beaten up by a white racist when he found she was only “Passing for White”? Or because he found out her grandmother was Jewish?
Either she was beaten up for being Trans – in which case Federal law should apply – or “perceived to be” Gay, in which case both Federal and State law should apply. If the San Antonio police don’t act, the FBI should.
I was surprised to find out, after the fed hate crime charges were not made against the marines in Georgia recently, that it was because the federal law requires some threshold level of severe bodily injury. I’m not sure what is enough damage for the law to kick in, but the guy in Georgia was initially rumored to have been beaten badly enough to have a seizure and potential brain damage. Maybe that turned out not to be the case. I think we need more information about how serious the injuries were in this case, and what the requirements are for that federal hate crimes law to apply. Only then can we have an idea whether it might be used in this case.
I looked up the bill in its final form and it just requires “bodily injury,” with death leading to higher penalties.
““(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY.—
“(A) IN GENERAL.— Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person—
“(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
“(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
“(I) death results from the offense; or
“(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. “
any trasgeder” that jumps in a car with a guy knws whats she or he his doing knowing that they are really a male!!!! gets what they deserve… laughing out loud” this is no hate crime. she has a past history with S A P D!!! there had to be an agreement for sexual favors for exchange of cash…. she is a five palms hore…”she constataly jumps in an out of cars with different men young an old… she had it coming!!! welcome home.”puta!!!hahaha….
The futility of hate crimes laws was a lesson I learned in elementary school. Hate crimes laws are like rape laws in that it the victim’s claim to a crime having been committed is always in doubt.
The lie that the transsexual or transgender person (usually a woman) deserved some sort of vicious assault or murder because she deceived the attacker is virtually identical to a rapist claiming the victim asked for it.
Such claims should automatically be treated as a guilty plea because they are an admission of guilt not an extenuating circumstance.
Instead of exclusively protecting the rich and privileged the laws need to protect the powerless, the people Justice Thrugood Marshall called the “despised and dispossessed”.
Unfortunately many transwomen are both lonely and desperate for companionship or financially desperate and forced to hustle to survive. This makes them especially vulnerable to the sorts of men who prey on women deemed unworthy of protection of the law.
The most horrible crimes are treated as lesser offenses when the victim is part of a class that falls in that category of “despised and dispossessed.