What Is a Hate Crime?

TabbyAnn

TabbyAnn

Indiana, U.S.A.
Location
Indiana USA
What is the definition of a hate crime? Are all the rapes and murders of women and girls in the U.S. hate crimes? Perpetrated by men who hate women? Are women and girls the largest victims of hate crimes in America?
 

TabbyAnn said:
Are all the rapes and murders of women and girls in the U.S. hate crimes? Perpetrated by men who hate women? Are women and girls the largest victims of hate crimes in America?
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Yes, it's a hate crime. Men rape for sexual gratification. The goals of rape are to gain a sense of power and sexual entitlement over women and girls.

Some rapists believe they can sexually attack women because they feel hurt, rejected or wronged by women in the past. They also want to degrade and humiliate their victims. Rape is an inexcusable act of violence and a criminal offense.

I also agree with @WhatInThe, regarding the criminal's victim choice.
 

Nathan said:
You have the Constitutional right to hate, which as we see is becoming quite visible these days. But, it's when you act on that hate with violence, that's the criminal part.
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The disagreement comes because some think punishment should be based only on actions and others think it's ok to increase punishment for beliefs. I think it's a slippery slope even though I might want to double the punishment based on actions in some instances.

It's so easy to want to punish people only for their beliefs and speech. An attempt to do that took place in Congress yesterday and it failed. I won't say anymore because of the politics rule but you can find it in the news if you are interested.
 
Myrtle said:
It's so easy to want to punish people only for their beliefs and speech. An attempt to do that took place in Congress yesterday and it failed. I won't say anymore because of the politics rule but you can find it in the news if you are interested.
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You do this a lot. You manage to make a remark, then backtrack, saying it's political, knowing it's not open to discuss, but you make sure you get your own point across. That's cheating, kind of.
 
Pepper said:
You do this a lot. You manage to make a remark, then backtrack, saying it's political, knowing it's not open to discuss, but you make sure you get your own point across. That's cheating, kind of.
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A few points ....

One, when speech is limited people find ways to get around it.

Two, I don't think you know what my point is but if speech wasn't limited here you would.

Three, I'll just spell out the Congressional incident I'm talking about and then you can report me for political speech.

It was a vote held in the House in an attempt to censure Congresswoman Rashida Tlaib who is very much pro-Hamas and anti-lsrael for her comments on the attack on Israel. The effort failed and she was not censured. The issue is obviously (at least to me) between freedom of speech and hate speech.

I hate what she said but this is America. I believe she has the right to say it. When we limit the speech of hateful people then we don't know they are hateful and they can do hateful things in secret. It seems better to me to allow them their rights and have them say their hate out loud.

Now Pepper, feel free to report me and have this post deleted.
 
I thought “No Politics” meant no campaigning or promoting one political party or candidate over another. This is a “Hot Topics” forum and if one Senator shot another one dead that would be a hot topic rather than politics - provided it was reported objectively. The same with pro-Hamas speakers and actions. That is a hot topic right now all over the news.
 
Myrtle said:
A few points ....

One, when speech is limited people find ways to get around it.

Two, I don't think you know what my point is but if speech wasn't limited here you would.




Now Pepper, feel free to report me and have this post deleted.
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Mytle, I regretted my post to you shortly after I wrote it, and just couldn't get back here to delete it.

I Never Report People, and our Big Kahuna can confirm that. I've only reported a Nazi here & one other person who, well, never mind, it was huge.

I hold you in great esteem. You write cogently, even brilliantly. There may have been a bit of envy in my post, as I have gotten in trouble here a lot. I want no trouble for or with you.

I apologize and hope you can accept.
 
Pepper said:
Mytle, I regretted my post to you shortly after I wrote it, and just couldn't get back here to delete it.

I Never Report People, and our Big Kahuna can confirm that. I've only reported a Nazi here & one other person who, well, never mind, it was huge.

I hold you in great esteem. You write cogently, even brilliantly. There may have been a bit of envy in my post, as I have gotten in trouble here a lot. I want no trouble for or with you.

I apologize and hope you can accept.
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Absolutely, I accept and appreciate you, Pepper. We are good as far as I'm concerned. 🥰 Sometimes both of us might be a little quick on the draw.

Tabby Ann, my apologies to you for killing this thread yesterday. I hope it will pick up again.
 
There are state hate crime laws and federal hate crime laws. In some instances, people can be charged and adjudicated in both courts. It’s not a one size fits all thing like Wikipedia explains.

Let me give you an example of a hate crime case that was explained to us during a seminar on gate crimes. If 2 white guys are walking down the street and a white guy is walking down the other side of the street and one of the white guys yells to the black guy, “Hey n——-r, get out of our town.” That is “not” a hate crime, but if the white guy yells, “Hey n——r, get out of our town or I’ll bust you up,” even though it was only a threat, it is still a hate crime in this state.” It is also possible that the Feds could also make it a hate crime after the state got a conviction.
 
TabbyAnn said:
What is the definition of a hate crime? Are all the rapes and murders of women and girls in the U.S. hate crimes? Perpetrated by men who hate women? Are women and girls the largest victims of hate crimes in America?
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In PA, it’s easier to get a conviction if there is also ethnic intimidation. It’s also possible to have a hate crime if gender identification is also introduced as part of the act.
 
911 said:
In PA, it’s easier to get a conviction if there is also ethnic intimidation. It’s also possible to have a hate crime if gender identification is also introduced as part of the act.
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that throws out equal under the law theory then....
 
I can hate your guts, but that doesn't give the right to bash your head in with a bat. We allow "motive" to be introduced in a trail. One person shoots another- it's a crime. But it matters if the shooter intended to harm the victim, or not. The "intent" with hate crimes is the "hate". Hate is the motive for the crime.
I also agree that rape is primarily a domination crime, but I don't know how to separate lust from the equation. For rape to be a 'hate', you'd have to prove in court that the rapist's sole intent was his hatred of all women- without any sexual gratification.
 
Violence against women is not always considered a hate crime, but it should be. A hate crime is any criminal act where the perpetrator targets a victim because of their membership in a certain social group or demographic (or perceived membership). In its simplest terms, a hate crime is a crime that is fueled by bias. With some exceptions, hate crimes are typically not prosecuted as a separate criminal offense. Instead, an individual’s sentence may be enhanced (adding more time) if they are convicted of a crime that was motivated by bias 1.

Gender-based violence, including sexual assault, domestic abuse, stalking, and sexual harassment, stems from discriminatory beliefs and attitudes about women and girls. The root causes of gender-based violence include:

  • The objectification and degradation of women in the media and in pop culture
  • Rape culture
  • Harmful gender norms
  • Inequality 1.
Despite the fact that violence against women is typically motivated by bias against women, it is rarely
charged as a hate crime. According to data from the FBI, of 7,103 hate crime incidents documented in 2019, just 0.9% were categorized as a form of gender bias 1.

It is important to note that hate crime laws exist in all but 4 states in the U.S.: Wyoming, Indiana, Arkansas, and South Carolina. The federal Violent Crime Control and Law Enforcement Act also requires enhanced sentencing for crimes motivated by bias. On the federal level, a hate crime prosecution may occur if the crime was based on the victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. State hate crime laws vary significantly as to what types of bias are covered

Women and girls are among the most vulnerable groups to hate crimes. According to a report by the FBI, in 2019, 7.7% of hate crime victims were targeted because of their gender 1. However, it is important to note that hate crimes against women are often underreported and under-prosecuted. In Canada, for example, police-reported statistics from 2006-20 show that sex never comprises more than three per cent of reported hate crimes 2.
 
There is a multi-billion dollar porn industry in the U.S. depicting violence and hate speech towards women. But the government is setting up an Islamophobia department to prevent any violence or hate speech towards Muslims?
?????????
 
I think the punishment should be based on the crime, not the "feelings" of the perpetrator. (Talk about a slippery slope!)

But some crimes are clearly motivated by hate. Example: George Floyd. Or all the other victims of racist crimes. What other motive could there be than hate?

But what if the victim happened to be white, and the perpetrator was also white? Does that make it less of a crime? I think a crime is a crime, and the motive is very secondary, if not totally irrelevant.
 
TabbyAnn said:
What is the definition of a hate crime? Are all the rapes and murders of women and girls in the U.S. hate crimes? Perpetrated by men who hate women? Are women and girls the largest victims of hate crimes in America?
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18 U.S.C. § 249

Section Name §249. Hate crime acts


(a) In General.—

(1) Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or not acting under color of law, 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 race, color, religion, or national origin of any person—

Full text:

18 U.S. Code § 249 - Hate crime acts
 
ohioboy said:
18 U.S.C. § 249

Section Name §249. Hate crime acts


(a) In General.—

(1) Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or not acting under color of law, 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 race, color, religion, or national origin of any person—

Full text:

18 U.S. Code § 249 - Hate crime acts
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Help me with this issue. When I was on duty, I was called to an apartment complex in a small village with a 2-man police department. Neither Officer had a clue if the following was a crime or not so they requested the aid of the PSP. I got the call at about 10:30 at night. Someone had spray painted pictures of nooses and the letters “KKK” on the outside doors of the black tenants only. The Officer in charge asked me if this should be charged as harassment or a hate crime.

I really wasn’t sure, so I told him to charge it as a harassment and let the DA decide if he wanted to upscale the charge. What’s your opinion? The answer may surprise you, or may even confuse you.
 
Pepper said:
I feel a hate crime should be reserved for more than graffiti. I'd go with harassment on this one.
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Well OK. Is the following what you had in mind? BTW, jail time under this law can mean imprisonment in a county jail for up to one year.

”California health care workers who “willfully and repeatedly” decline to use a senior transgender patient's “preferred name or pronouns” could face punishments ranging from a fine to jail time under a newly signed law.”
New California law allows jail time for using wrong gender pronoun, sponsor denies that would happen
 
911 said:
Help me with this issue. When I was on duty, I was called to an apartment complex in a small village with a 2-man police department. Neither Officer had a clue if the following was a crime or not so they requested the aid of the PSP. I got the call at about 10:30 at night. Someone had spray painted pictures of nooses and the letters “KKK” on the outside doors of the black tenants only. The Officer in charge asked me if this should be charged as harassment or a hate crime.

I really wasn’t sure, so I told him to charge it as a harassment and let the DA decide if he wanted to upscale the charge. What’s your opinion? The answer may surprise you, or may even confuse you.
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Well, you start with some sort of vandalism charge for custody purposes, then, as you say, let the Prosecutor make that decision based on case law precedents. On its face, it very well could be a hate crime, at least federally. In PA, are the locals permitted to arrest on federal charges?
 

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