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    Are Lesbian Gay-Bashers Guilty of a Hate Crime?

    Are Lesbian Gay-Bashers Guilty of a Hate Crime?

    The Boston Herald spotlights a fascinating criminal case today: Last Sunday, Erika Stroud, 21, her sister Felicia Stroud, 18 (pictured, left), and a third woman, Lydia Sanford (pictured, right), attacked a gay man in a stairwell of a Boston subway station viciously enough to break his nose. Prosecutor Lindsey Weinstein said they repeatedly punched and kicked him "after he bumped them with his backpack." As they beat him, they also "called him insulting homophobic slurs," according to the victim's account, and he told police he believed he was attacked because of his sexual orientation. They were swiftly arraigned yesterday on hate crime charges. But here's the thing: All three identify as lesbians. It's a legal conundrum: Do hate crime laws apply to members of the minorities they seek to protect? City prosecutors and the Massachusetts chapter of the ACLU think they do, and are pursuing a charge of assault and battery with intent to intimidate -- a crime punishable by up to ten years in prison. 

    “Someone who is Jewish can be anti-Semitic,” said ACLU staff attorney Sarah Wunsch. “The mere fact that someone is a member of the same class doesn’t mean they could not be motivated by hatred for their very own group.” [...]

    “The defendants’ particular orientation or alleged orientations have no bearing on our ability to prosecute for allegedly targeting a person who they believe to be different from them,” [Suffolk District Attorney Daniel F. Conley] said.

    But not everyone sees it that way:

    “My guess is that no sane jury would convict them under those circumstances, but what this really demonstrates is the idiocy of the hate-crime legislation,” said civil liberties lawyer Harvey Silverglate. “If you beat someone up, you’re guilty of assault and battery of a human being. Period. The idea of trying to break down human beings into categories is doomed to failure.”

    Hate crime laws as we now know them were born on October 29, 2009, when President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which expanded the definition of a hate crime to include "crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability." But they have been frequently challenged by the same people they seek to protect, who see the legislation as an increase in power of the penal system, there to make politicians look like heroes without doing anything to actually target the roots of the problem. And all too often, the problems begin in government policy itself. Blackandpink.org has a great compilation of arguments against hate crime legislation. 

     

    37 comments

    • jim s  •  Portland, Maine  •  3 mths ago
      As a gay man, I can tell you that a large portion of the lesbian population DO severely dislike men and especially gay men. I do not know why but seems they do.
      • s 3 mths ago
        my guess is that they hate all men period, not necessarily that they hate gay men more than straight men; but when they choose to strike out at men, how convenient is it for them if their target is a person that is less acceptable to society in general? there seems to be a kind of mentality with some of these women, too, that they own homosexuality and that NO ONE else has a right to it; some discussions i've had with women make me think of when i was a kid and ppl would fight over friends;" that's MY friend, you can't hang out, that was my friend first!". when told that's how they come off, they have no real answer for the attitude, just tell me i can't possibly understand. i don't think i WANT to. bitter, angry ppl are not high on my list of preferred company.
      • Jennifer 2 mths ago
        As a lesbian, I don't understand the thought process some have. I don't hate any men, I just don't find them sexually attractive, but there are women I don't find sexually attractive either.
        Life is too short to hate.
      • William L 2 mths ago
        I severly dislike gays and lesbians both....I do not discriminate when it comes to my dislike of queers!
    • Amber  •  Cheyenne, Wyoming  •  3 mths ago
      Some people find it more acceptable for girls to be gay than for men to be gay. Maybe that's what was going on here. If that was the case, then I would qualify it as a hate crime.
    • Cahal the Mad  •  3 mths ago
      Hmm... no description/picture of the "gay man" which means he was white. Is it a hate crime? Yes but only because he's white and happens to be gay so it is technically an anti-white hate crime. Unfortunately in America, hate crimes against whites are ignored and go unprosecuted.
      • LMHtfd 2 mths ago
        Typically victims aren't pictured in the media unless they choose to go public, but I also suspect he's white. I think some racial enmity triggered the response to this altercation but if for whatever reason the perpetrators perceived homophobic slurs as being more cutting than racial ones so the former are the ones they chose to use.
    • Elizabeth  •  Yuba City, California  •  2 mths ago
      ANYONE is capable of a hate crime. NO ONE is exempt from this. Logic goes that if a lesbian only prefers women, then they will be more resistent to men. On the same note, the whole is not the same as the individual. Maybe these women are just violent or some other tendency or circumstance. We won't know until they talk. If they talk.
    • jet  •  Cheney, Washington  •  3 mths ago
      Crime is crime when you attack someone, anyone you should pay the price. Each case must be judged on the facts. How much damage and the reason for the attack.
    • Pamela W  •  3 mths ago
      I don't agree with hate crime laws. All violence is motivated by the same base instincts. It isn't worse to be beat up because they hate your subgroup than to be beat up because they want your wallet.

      That said, this could qualify as a hate crime. Lesbians and gay men view themselve as different subcategories. Homosexuals are not one group, but several. Many lesbians hate men period, or hate gay men, or straight men. The same can be said of straight men hating gay men, straight women, etc. Again, a reason for the abolition of hate crimes, the ever expanding number of subgroups within larger groups with more and more specialized groups of "minorities".

      Also, if you are a member of a protected minority, and hate the majority person, these laws say you are not guilty of a hate crime when you beat him/her up. What sense does that make? These rules are moronic.
    • phillyphan61  •  Pittsburgh, Pennsylvania  •  3 mths ago
      and how did you come up with that pinch of sand?
      i see black gay men and women in pittsburgh.
      yes pinch, you can be both
      • JRobert 3 mths ago
        They can be black gay men and women at the same time? Neat trick
    • psionycx  •  2 mths ago
      Technically yes, the hate crime law still applies. This is because it is possible to be a member of a group and still engage in acts of malicious, targeted violence against that group. For example, an angry member of a religious denomination might set fire to a church or attack a pastor of that same denomination as an act of intimidation. Acts of malice within a given group are far from unusual, and self-hatred is also often a motive.
    • mulling  •  Houston, Texas  •  2 mths ago
      I see merit in settling in court the issue of whether a protected minority is capable of committing a hate crime. As a victim of a crime when the perpetrator specifically stated that the crime was because I was #$%$ I have a perspective on this. I am always frustrated by the claim that a minority cannot commit a hate crime. I doubt this claim will hold up with it clearly stated (apparently by both sides) that the altercation was caused by him bumping these women with his backpack. That alone can set some folks off.
    • Exiledbyforce  •  Chicago, Illinois  •  3 mths ago
      The way Hate Crime laws have been prosecuted are racist and bias.
    • Joshua  •  Port Royal, South Carolina  •  3 mths ago
      The comment from the ACLU was kind of funny and presented quite a paradox in our thinking. If a Jewish man were to be anti-Semitic, as it was suggested as possible, he would hate himself as well I suppose. Societies all over the scope of history broke up the general public into different groups at different times based on what work work they did, their economic status, race, sexuality, and actual physical gender (not mental perception of deserved gender) and it has led to great oppression in many examples given by different civilizations. If every attempt to do this through the scope of recorded human history has failed, what makes us think it will work to the greater good of society today? It is like a person who has had several heart attacks and suffers from heart disease saying, "I am going to eat this 3,000 calorie burger because even though it has massive amounts of cholesterol, I think I will be ok."
    • Kidd Badpatty  •  3 mths ago
      You don't need all the fancy names....this was felony assault with injury. Period.
    • American Citizen  •  3 mths ago
      no such thing as a hate crime, itsa just crime, there are laws against assault etc... already, no need to make special categories that make it seem one citizen is protected more than another.
    • My Clone Did it Not me  •  3 mths ago
      So the sisters like to play the game the whole family can play?
    • Ste  •  Lake City, Florida  •  3 mths ago
      they repeatedly punched and kicked him "after he bumped them with his backpack." "As they beat him, they also "called him insulting homophobic slurs," according to the victim's account, and he told police he believed he was attacked because of his sexual orientation."

      "But here's the thing: All three identify as lesbians."

      So, WHY would they BASH a guy for being GAY????

      Sounds more like PMS, and a bad hair day collided, and the backpack...and the fight was ON!
    • HarukaAyase  •  Tokyo, Japan  •  2 mths ago
      They should be thrown in Jail just for being ugly. Forget about the hate crime stuff.
    • FINALLY  •  3 mths ago
      Are people who use marijuana guilty of any crime at all?
      • Chris 2 mths ago
        They shouldn't be.
    • Suzie  •  Cleveland, Ohio  •  2 mths ago
      Just because the man is gay does not mean he automaticaly is white. And they are black and should know about discrimination. This is a HATE crime and they or anyone else for that matter has the right to turn on someone acting as though they are superior to the individul. Such a shame that we just can't mind our own and leave others alone to live in peace. Put them in prison and let them find out what happens when they choose to pursicute innocent people. SHAME ON YOU!!!
    • Bob Bowman  •  New York, New York  •  3 mths ago
      "Hate crime" penalties suggest that some people have more value than others.
      For example, why is it a more serious crime to kill someone who works in civil service than a person who doesn't?
      Are they really better than me since I'm not a civil servant?
    • fern  •  Milwaukee, Wisconsin  •  3 mths ago
      Ok here's the skinny on this one: Anyone with friends or family who are gay or lesbian know that traditionally gays and lesbians hate each other...well love to hate to hate to love each other. So no surprise that these lesbi ladies beat a gay guy. The real issue is these are truly violent individuals who have probably beat up other lesbians, people who love dogs, gays, cross dressers, the kid who used to deliver the newspaper, their parents and siblings; the next door neighbors and would probably beat up goldfish if they could all get into the same tank or bowl with said fish!
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