Hate Crimes vs "Gay Panic"

Hate Crimes and “Gay Panic”

If motivation plays a legitimate role in the prosecution of a crime, then logically, shouldn’t motivation also play a role in the defense of a crime? After all, that is what Hate Crime legislation is all about. A crime is no longer just a crime if the motivation behind that crime can be shown to be motivated by hate of religion, race, color or sexual orientation. If hate is shown to be a factor, the punishment meted out is increased in severity.

I’ve long since been against Hate Crime legislation because of the absurdity that the motivation behind a crime leads to any greater or lesser harm to the victim.

Now it seems ironically that the Hate Crime Legislation proponents have a new problem on their hands.

Gwen Araujo –a male who was living his life as a female, was murdered in 2002 after several men with whom he’d had anal sex at a party found out he was indeed male and not female. The men strangled and murdered the young man and buried him in a shallow grave. The defense claimed that because the men were fearful and angry over the realization of their sexual partner’s betrayal they should therefore deserve a lesser sentence.

Prosecutors now are calling for new laws to eliminate the “panic” defense. Their arguments in favor of new legislation, however are contradictory to the premise of Hate Crime Legislation:

“The suggestion that criminal conduct is mitigated (to cause to become less harsh or hostile ) by bias or prejudice is inappropriate.” -San Francisco District Attorney Kamala Harris

Counter argument: “The suggestion that criminal conduct is exacerbated (to cause to become more violent, bitter or severe) by bias or prejudice is inappropriate.”

“Gwen being transgender was not a provocative act. It's who she was.” - Alameda County Assistant District Attorney Chris Lamiero.

Counter argument: “Mr. Citizen’s being repulsed and frightened by homosexuality was not a provocative act. It’s who he/she is.”

Hate Crime Legislation is bad law. A crime is a crime. The men who killed Gwen Araujo should receive no less nor more punishment because of the motivation of the crime.

If "Gay Panic" defense is ludicrous (and it is), then so is Hate Crime Legislation.