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Define Hate Crime?


Guest trickster

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Guest trickster

So I've been going back and forth on whether or not what happened to me a few years ago was a hate crime or not, I thought maybe some people on here might have some thoughts? Trigger warning for sexual abuse...

To explain, briefly, a few years ago (almost four exactly, actually), I was homeless and living out of my car. I was parking outside our local gay pride center since the owner had given me permission. The parking lot was adjacent to another, unaffiliated parking lot that had security guards. One night, a security guard knocked at my window claiming he needed a tire changed. When I got out, he started asking if I was gay, if I had a penis, etc. After I told him I was transgender, he raped me.

Can someone please tell me if this qualifies as a hate crime or not? I really think he would have targeted me regardless of my gender because I was alone. And he was unaware that it was a gay pride center until I told him. Sorry, I guess I can't write anymore about this. Any responses are appreciated ^^

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  • Admin

This is a question that only an attorney IN NEW YORK could really evaluate since the statutory laws of every state, and every state's case law on the subject is different, and then throw in the Federal laws as weil. If you already took this to the police or district attorney and they did not add that to the prosecution of the person who did this, they did not feel they could make a case beyond reasonable doubt that it was a hate crime. I do not know what the statute of limitations for Rape is in New York, but if you know who the perp was, and where they currently are, I would at least go to the local authorities and try to file a claim. I am legally trained, but from what you have written, I just cannot tell what other evidence you have since you have not given it. Please take this to the experts, including the local rape hot line to get information.

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Guest sydney

I'm so sorry this happened to you. No one should ever have to experience that.

I do believe it was a hate crime, however proving it may be difficult. It certainly was a sexual assault and that alone has serious jail time. I'm not a lawyer, but I would think that he should be charged with both a hate crime and sexual assault without question. The hate crime may get reduced, but the more charges against him the better. New York has a statue of limitation of 5 years (or 5 years after you are 18) for sexual assault.

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The legal significance of a crime being a hate crime also varies from one jurisdiction to another. In some places, it may result in harsher sentencing, in others it's a more serious crime all around, while in still others it's really just a paper distinction.

Regardless of whether it's a "hate" crime, it's a crime. I'm so sorry this happened to you.

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Guest trickster

Thanks for the replies... I've only been in New York for two months or so, this happened in Texas.... And I barely remember anything about the guy, not his name or a description (all I remember is that he was taller then me and one or two physical attributes).... I don't think a lawyer could help without that info.... I didn't go to the police back then because I thought they would think I was lying, plus I was embarrassed.

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  • Forum Moderator

I'm sure the even has caused you pain. I do hope you have been able to get some therapy to work through the assault. Trying to hold it in can only make it worse. Embarrassment keeps many of us from seeking the help we need. There are some things we need help with.

Hugs and a shoulder,

Charlize

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  • Admin

I agree with Vicky. The Texas hate crimes statute does not include gender identity as a covered category. It does include sexual preference.. But if significant time has gone by, and you're now living out of state, it is extremely unlikely Texas authorities would prosecute, even if you knew the attacker. Sorry, hon.

HUGS

Carolyn Marie

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If you're at a point where you feel like you need to do something about it, you could maybe consider letting the director of the LGBT center know, so that they can take measures to protect current patrons.

Your fears were not necessarily misplaced. In many places you'd have been taken seriously. But it's also possible that you'd be dismissed for a variety of reasons, some of which have nothing to do with your gender identity, and some which do.

Embarrassment is also a common reaction to a traumatic event like rape.

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