I have this friend who's brother is a complete moron to say the least. He is abusive to his step-son and animals, treats his family like crap and is very two-faced.
It's bad enough that his family has to deal with his crap, but I've also had to deal with it before and I was seriously considering filing a law suit against him for harassment and a hate crime.
I have Xbox live, so does him, his brother (my friend), and his wife. I have gotten harassing messages from him. He also thinks I'm gay (I'm not), and constantly sends me random, rude messages about 'being gay' over Xbox Live.
Isn't this considered harassment, a hate crime against gays (although, again, I am not gay)? Do I have the right to request these message logs from Microsoft from their records, because I have no access to them?
He also has threatened to yell at me for honking my car horn in front of his house when picking up my friend. I know for a fact he has a bad temper and I'm afraid of him assaulting me.
2007-07-23 12:03:01 · 8 answers · asked by Insomniatic 07 1 in Politics & Government ➔ Law Enforcement & Police
Hate crimes are not separate crimes. They are enhancement to some other independent criminal action (murder, assault, harassment, etc.) with a prejudice-based motive.
You would have to sue the person in civil court, and then ask the court to authorize a subpoena to get the information from Microsoft.
But that assumes (1) Microsoft keeps these records and (2) there is no way to get them from the other party directly.
2007-07-23 12:09:24 · answer #1 · answered by coragryph 7 · 2⤊ 0⤋
You could technically file a lawsuit and subpoena the records from Microsoft, but it will be super difficult and expensive. You would have to first prove that an actual crime occured, that it was motivated by hate, that you can't obtain the records directly, that Microsoft has the records available, and that the records are relevant to your case. From what it sounds like, your case would fail on the first point, since I can't see any crime that occured (verbal harassment is not a crime, in fact it is protected under freedom of speech unless it becomes threatening). And even if all of them are true, this would be a very costly process and the odds of you getting anywhere would be slim. Unless you have 10-20 thousand bucks ready for lawyer's fees, forget it.
2007-07-23 19:22:42 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I really hate to say this, but the truth is, your issue is really childish, and you yourself are probably perpetuating it... You can block Instant Messages from this person, and it sounds as if you have made no effort to do so. Telling someone "you're gay" isn't illegal... freedom of speech my friend. You sound more concerned about him saying you're gay than you are about his harrassing you. If you don't like his behavior remove yourself from the situation. Block his IMs... Don't hang around him... and generally just don't engage him in anyway... This isn't a situation to sue over... or bring about charges. This is a situation that should teach you to grow up and be an adult. And learn that dealing with 'ugly' people in an adult way is the best course of action
2007-07-23 19:35:54 · answer #3 · answered by EVOX 5 · 2⤊ 0⤋
Getting those records would be difficult and expensive at best.
I did find it rather odd. He threatened to YELL at you? So what? He talks about you being gay (although I do not doubt you that you are not) So what? On the surface, I would say ignore him and he will go away. If you are picking someone up and you honk and he yells at you...who cares? People yell at people all of the time.
I would say you need to either grow up or toughen up. If someone calls you gay, it has not bearing on you, but on them. It does not make you gay, and anyone who knows you probably knows you are not.
2007-07-23 19:12:16 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Any records Microsoft may have would have to be subpoenad by the court, but I can tell you now, Microsoft doesn't keep any such records. They keep records of correspondence sent to them, and correspondence they send to others, but they do not keep records of correspondence sent between two independant parties who happen to be using the Xbox. That's an invasion of privacy, and that IS lawsuit material.
2007-07-23 19:26:53 · answer #5 · answered by Judy L 4 · 1⤊ 0⤋
As others have stated, IF you file a civil lawsuit, you can subpoena whatever records Microsoft has. I can't say that Microsoft actually keeps the records you what. If they don't, you can't hold them responsible for not keeping such records.
2007-07-23 20:57:31 · answer #6 · answered by STEVEN F 7 · 0⤊ 0⤋
You would have to subpoena the records from Microsoft. I expect it would be expensive (since you will need a good lawyer) and tedious.
Half of your story has no bearing on the question.
2007-07-23 19:07:35 · answer #7 · answered by davidmi711 7 · 1⤊ 0⤋
Find something more important to do.
2007-07-24 09:23:04 · answer #8 · answered by mosaic 6 · 0⤊ 0⤋