Hate Crimes: Sexual Orientation

Hate Crimes: Sexual Orientation Sherri Hales COM/156 April 29, 2012 Bryan Narendorf

Hate Crimes: Sexual Orientation

With the increase in hate crimes against homosexuals, same-sex relationships could ultimately result in a death sentence for individuals based solely on their sexual orientation. The misconceptions that society has regarding the homosexual lifestyle can lead to incorrect teachings and upbringings that may lead to harm of gays and lesbians in the future. The superiority complex that the attacker has may be because of personal insecurities, religious beliefs, and the fear of the unknown. Of all hate crimes in the United States, crimes against homosexual victims are on the rise, and are the least reported because the fear of retribution by their attacker which ensures their silence. Someday, same-sex relationships will be accepted as a committed relationship, just as any other, and hate crimes against individuals will cease. Crime acts are considered a hate crime when committed on the basis of race, religion, or sexual orientation. Therefore, many men and women alike keep their wishes, urges, and utter most desires to themselves in fear of what may happen to them or their families. According to the FBIs website, hate crimes have been investigated since the early 1920s. Their first case that was opened was against the Ku Klux Klan. The Klans original targets were African Americans, but that did not exclude homosexuals from coming under attack. At that time people lived their lives in fear of someone learning of their sexual preference. It is defined by the FBI that a hate crime, also known as Bias Crime, is a criminal offense committed against a person, property, or society which is motivated in whole or in part, by the offenders bias against a race, religion, disability, sexual orientation, or ethnicity/national origin (Crime in the United States, 2004). According to PFLAG, there was one hate crime committed toward homosexuals in America every hour in 2008. However, many attacks are not reported. According to Herek (1992), Thousands of anti-crimes have been reported. Many thousands more go unacknowledged every year with the survivors fearing further victimization from a hostile society. The violence

Hate Crimes: Sexual Orientation

against Gays and Lesbians can be found in all walks of life from the workplace, schools, churches, and even in the home of the person. The reasons for committing hate crimes vary from one attacker to another, with many citing personal or religious reasons. Crimes against homosexuals are in the top three hate crimes committed in the United States. Based on FBI statistics, hate crimes against homosexuals have increased over the years. It has been argued that many of these behaviors can be contributed to what society believes to be normal. The victims may "perceive their offenders as representative of the dominant culture in society and an agent of that culture's stereotyping of the victim's culture" (Serving Victims of Bias Crimes, 1992). Also many of the attackers learned these traits during their growing years within a family that believes that gays and lesbians are second class citizens. Many times, the fear of the unknown can be the contributing factor to an attack. The attackers may feel that their victim is beneath them and not worthy of existing as a part of the same society that they live. Religious beliefs may also lead to an attack, whereas the attacker feels that they are carrying out Gods word by ridding the world of the unholy, because homosexuality is an abomination of God. Crimes can be committed by any age or nationality, but there is usually a common thread to these assaults in that the attackers feel they have a right to commit these acts against homosexuals based on their beliefs. Hate crimes are typically committed by younger males or a group of young men, but can be any age or come from all types of social or financial background. In fact, Hereks definition is "the general profile of a gay-basher is a young male, often acting together with other young males, all of whom are strangers to the victim(s)". (Herek Berrill, 1992, p.29). These crimes are generally committed against random victims and are not planned attacks. Many times the young male may cross the path of a homosexual and become threatened and feel that they have a need

Hate Crimes: Sexual Orientation

to protect their man-hood. There is also the extreme displeasure of attitudes toward being in the same vicinity with homosexuals. The basis of the violent act is because of the lifestyle and not necessarily the person. The fact that all homosexuals are generalized within the same group can lead to attacks against any person considered to be gay. In recent months there have been several news articles regarding this type of crime. They have been reported from Florida, to Michigan and as far as California. The attacks can start as simply as someone getting irritated with a person singing on a bus, or as blatant as being attacked when leaving a gay club. Some of these attacks have managed to be publicized on national television, which brings much needed attention to hate crime intolerance. Many people in todays society do not agree with violence toward gays, but do nothing to stop the attack. Others feel that the gay person got what they deserved for leading a different life. Acts leading to a hate crime may consist of harassing phone calls, vandalism, verbal and physical abuse, arson, and rape. Therefore, this can lead to major psychological distress in lesbian and gay survivors of the crimes. However, these crimes are not limited to gays and lesbians that fall into this category of hate crimes. Included in this group are also bi-sexual and transgendered person. The horrific murder of Matthew Sheppard at the hands of gay bashers shed light on the need for protection for gays and lesbians from law enforcement and the government. The National Gay and Lesbian Task Force has been created to combat these crimes at a national level. On October 28, 2009, President Obama signed a bill into low for the first inclusive Lesbian, Gay, and Bi-Sexual, Transgender Federal law, known as Hate Crimes Legislation. The Task Force formed the anti-violence project in 1982. It has worked tirelessly to achieve a victory in stopping sexually based hate crimes against gays and lesbians. The Task Force was also present at the White House when President Obama signed this bill into law.

Hate Crimes: Sexual Orientation

In order to stop these types of crimes, society must come together as a whole to combat these crimes and criminals. There are many resources where educational materials and counseling may be found. Schools now have resources in place to educate and work toward stopping hate crimes based on race, religion, gender, or sexual orientation. Organizations such as GLADD and PFLAG offer information for victims, families of victims, and friends of the Lesbian, Bi-Sexual, and Gay and Transgendered community. They offer support for family and friends of gays and lesbians, as well as support for the homosexual person. Chapters for PFLAG exist in every state in America. When education and familiarization no longer work, severe prison sentences should be given when necessary. Prison sentences should be extended if an attacker is convicted for a major hate crime that involves physical violence or death. Not all 50 states have hate crime laws. Of the 45 that do, at least 14 of these states do not list sexual orientation as a hate crime. What one state may criminalize as a hate crime against sexual orientation, another state may not. Also the Federal Government does not prosecute hate crimes which are based on sexual orientation or sexual identity. The crimes can be prosecuted at different levels within the local law enforcement, which would result in different types of sentences. In the event of a prosecution, many of these prisoners are allowed to earn money while incarcerated. Prisoners should be allowed to continue to earn money, with restitution being made to the victim in the form of their wages. In order to stop hate crimes, the community and law enforcement must work together to educate, support, and change the views of others to ensure that gays and lesbians may have the same type of normal life as heterosexuals.

Hate Crimes: Sexual Orientation

The increase of hates crimes against homosexuals in the United States are the least reported with fear being the driving factor, yet can be the most violent and deadly. The fact that hate crimes are rising at an alarming rate, gays and lesbians continue to be leery of living their lives openly and without trepidation. Being treated as a second class citizen is not acceptable in todays world of acceptance and advancements. In a society which is measured by maintaining what others consider a normal relationship, the homosexual community is still in the minority of groups and is at risk for losing life or loved ones. Everyone deserves the right to live freely, love openly, and be happy.

Hate Crimes: Sexual Orientation

References

FBI- Crime in the United States (2004) Retrieved from http:// http://www2.fbi.gov/ucr/cius_04/offenses_reported/hate_crime Herek (1992) Herek, Gregory M. And Kevin T. Berrill. (1992). Hate Crimes: Confronting Violence Against Lesbians and Gay Men. Newbury Park, CA: Sage Publications University of Phoenix Library Herek, Berrill (1992, p.29) Herek, Gregory M. And Kevin T. Berrill. (1992). Hate Crimes: Confronting Violence Against Lesbians and Gay Men. Newbury Park, CA: Sage Publications University of Phoenix Library PFLAGRetrieved from http://community.pflag.org