As hate crime assailants are probably non-sexual (i.e. eunuchs) does the sexual leanings of the basher have to be proven in Court.
Does a homophobic victim have to prove that the different sexual preferences is the agenda item? In my case it was the other way around, as I as a hetereo was attacked. But still a hate crime!
England 2007, but what about the USA?
2007-07-20 08:19:47 · 2 answers · asked by Perseus 3 in Politics & Government ➔ Law & Ethics
Or it could be in a mistaken belief that I was homosexual.
2007-07-20 08:56:37 · update #1
It's not necessarily that you have to prove they were straight and you were gay, or vice versa, but a hate crime usually centers on the speech used before or during (or even after, I suppose) the crime ... like the guys that killed Matt Shepherd were clearly homophobic and were often heard gay-bashing, and then continued their gay-bashing when they bragged about it afterwards. In most cases, it's not so clear-cut, so it depends on the situation.
2007-07-20 08:30:22 · answer #1 · answered by Hillary 6 · 1⤊ 0⤋
Hate crimes are an enhancement to some other crime.
So, all the elements would have to be proven for the other crime...
In addition, the prosecution would need to prove that the crime was committed not out of animosity for this one victim, but because the defendant wanted to attack all members of the target group, and this person was just a handy representative.
2007-07-20 15:29:40 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋