Posts Tagged ‘Hate Crime’

…are criminal in and of themselves.

I think these laws should be repealed because they trample on the rights of those who are not in the protected classes. These laws are never applied to those protected classes and therefor should be deemed unconstitutional.

Here’s an excellent article on the matter:

“Hate” Laws are Criminal
Edward Cline

The end of freedom of speech began with the invention of “hate crimes” as a means to deter and punish crimes committed against an individual or members of a designated or protected “minority.” Hate crimes had their conspicuous genesis under the Civil Rights Act of 1968, which criminalized actions against individuals because of their race, color, gender, or national origin. This was the first major step away from treating individuals as individuals, and not as members of groups or tribes, and away from objectively defined crime.
Following it was passage of the Federal Hate Crime Law of 1969 (18 U.S.C.  § 245(B)(2)) which, among other things, clarified or buttressed the definition of resistance to law enforcement officers, including preventing individuals from voting or the like because of their race, color, gender, and so on.
It was followed by the Violent Crime Control and Law Enforcement Act of 1994, which increased the penalties for “hate crimes.”
This in turn was complemented with the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, signed into law by President Barack Obama. (Incidentally, this law was a rider to the controversial National Defense Authorization Act for 2010.) The Act’s name refers to two individuals, one a homosexual tortured to death in Wyoming, and a black man who was tied to the back of a truck in Texas and then decapitated. In neither state existed a hate crime law relevant to their groups, and the perpetrators of both crimes were tried under normal capital crime law. The formal name of the Act was a gratuitous sop to special interest groups for political advantage.
The problem with the idea of a “hate crime” is that it appends an irrelevant motive to an action that would otherwise be treated as a felony, and makes the motive a felony, as well. Further, “hate crimes” are complemented by another invalid concept, “hate speech,” also elevated to the status of a felony, that is, a crime. While criminal actions cannot be divorced from motives, up until recently motives were not punishable as state-defined and state-enforced crimes, only the fact of a criminal action. That is, a criminal action would be the initiation of force against an individual. The end or purpose of the initiation is irrelevant. It could be robbery, rape, or simply the malicious infliction of pain in revenge or as a means of visceral restitution.
This dangerous and totalitarian idea of “hate crime” has naturally migrated into the realm of speech. Now the act of expressing a “negative” stance on Muslims, homosexuals, and other “protected” groups is treated as a “hate crime” compounded by the crime of “hate speech.” Both notions seek to punish the contents of an individual’s mind. However, no matter how repellant those contents, they can never be objectively known, not even when a defendant describes them. To make the contents of one’s mind a legal liability, is a form of thought control.

2 men, teen charged in gang rape of lesbian

MARTINEZ, California —  Two men and a teenager were charged Tuesday in the alleged gang rape of a lesbian in the San Francisco Bay area.

I am wondering why her sexual persuasion is even mentioned. In my opinion it is not the issue that should be addressed. The issue that should be addressed solely is the fact that this woman was gang raped by some very sorry individuals. I am also curious of their immigration status, that could play a part in this as well.

Humberto Hernandez Salvador, 31, and Josue Gonzalez, 21, were charged with kidnapping, carjacking and gang rape in the attack last month in Richmond.

Hate-crime enhancements were added to charges against Salvador, which could mean a more severe sentence if he is convicted. Authorities say the woman was taunted for being a lesbian during the 45-minute assault. Salvador was also charged with being armed with a gun.

The pair did not enter pleas when they appeared in Contra Costa County Superior Court, but they asked to be represented by court-appointed attorneys. Bail was set at $2.2 million for Salvador and $1.9 million for Gonzalez. Both were being held at the county jail.

They face a maximum sentence of life in prison if found guilty, prosecutors said.

And they should receive said sentence if convicted. Taunting a woman by calling her a lesbian doesn’t sit well with me as a “hate crime” enhancement. That is an all too common thing to say to a woman by jerks anyway. Regardless of sexual orientation. “Hate crime” is ridiculous in and of itself. Any crime that is committed that entails violence such as this is a crime of hate. Your skin color, or sexual orientation doesn’t have shit to do with it.

Darrell Hodges, 16, was charged as an adult with similar offenses Monday. A 15-year-old boy whose name has not been released was also arrested last week on suspicion of participating in the attack.

The woman, who lives with a female partner, was attacked Dec. 13 after she got out of her car, according to investigators. She was raped multiple times inside and outside the vehicle and left naked outside an abandoned building, police said.

Just the facts as it should be. Teenagers that are involved in crimes such as this should be charged as adults and have to pay the same penalty if found guilty.

Richmond police say they have received hundreds of calls from across America offering money and support for the woman.

“The crimes that were committed at face value were shocking,” Lt. Mark Gagan said. “But when it was revealed there was also a hate crime enhancement, it really prompted outcry.”

Where is the outcry when this happens to a woman that is not a lesbian? Just some plain Jane white woman gets gang raped, is there an outcry? Never heard of one.

Richmond is a city of about 100,000 across the bay from San Francisco. It has one of California’s highest homicide rates.

Time to arm the citizens. In fact, “shall issue” should be the state’s mantra instead of “may issue” concealed carry firearms. Allow the citizens to defend themselves and the homicide rate would be one of the lowest in the country, instead of the highest.

Gay rights advocates and bloggers have highlighted the attack as an example of violence against gays and lesbians. Supporters have also been working to raise money for the woman, her partner and her daughter as they deal with the trauma of the attack.

“The idea that a peace-loving lesbian was minding her own business, was attacked and gang-raped is an outrage. And people are stepping forward,” said Betty Sullivan of San Francisco, who runs a Web site and e-mail list publicizing gay and lesbian events.

Sullivan is publicizing several fundraisers for the woman, known among her supporters as Richmond Jane Doe. Support is driven not just by anger but by a sense among gays and lesbians that they, too, could have been targets, she said.

“We know it could have been any of us,” Sullivan said.

Wow! A peace loving lesbian! Give me a fucking break. This isn’t about violence against gays and lesbians. This is about violence in a city that is known for its violence and has absolutely nothing to do with the fact that this woman is a lesbian. The odds of a lesbian being raped in the San Fran freako area is rather high, and since Richmond is right there, it makes sense to me that it was a lesbian. To the attackers, she was just another victim. Her sexual orientation to the attackers was female, alone and in a bad area. Didn’t have shit to do with her sexual preferences.
To me, this is just the media and the gay lobby trying to bring sympathy for their lifestyle and to portray them as the never ending victim of hate.

I feel sorry for this woman for what she went through. I hope justice prevails in this. Don’t cast this as a hate crime because of your sexual preferences. It was already a hate crime without the lesbian tag. Idiots.