INTRODUCTION
A man approached a gay couple screaming “I hate faggots”, and placed the knife to the neck of one of the men. An attacker approached a lesbian, called her a “dyke” and punched her in the face. A transgender woman was raped and strangled. A gay man was attacked, beaten, impaled with a stick and left nude by multiple assailants. A trans woman was shot to death by a group of individuals who followed and taunted him. A gay man was attacked at his place of employment. A transgender woman was beaten, raped and killed. These types are reported on a daily basis in the United States.
Crimes against lesbian, gay, bisexual and transgender individuals include harassment, physical assault, sexual assault to kidnapping, robbery, rape or murder. A federal law was passed that defines these crimes as hate crimes and many states, but not all, have laws as well. These crimes inflict both emotional and physical harm on the victim, as they are typically directed toward the individual based upon their orientation as lesbian, gay, bisexual or transgender. The victim of a hate crime is targeted by the criminal because of who he or she is. This type of crime not only leaves a significant impact on the individual victim, but it also affects the entire lesbian, gay, bisexual and transgender community. Today, crimes against lesbian, gay, bisexual and transgender individuals occur more commonly than crimes against heterosexual individuals . For this reason, the types of crimes, the laws, that address the crimes, the cause and effects of these crimes, and possible prevention or solutions must be discussed and understood.
CRIMES
Crimes committed against lesbian, gay, bisexual and transgender individuals range from harassment, physical assault, sexual assault to kidnapping, robbery, rape or murder. The most common being physical assault . According to the Federal Bureau of Investigation, over 20 percent of reported hate crimes in 2014 were crimes against the lesbian, gay, bisexual and transgender individuals. The crimes against lesbian, gay, bisexual and transgender individuals are typically cruel and shocking. Simply due to a person’s sexual orientation, he or she may be beaten, repeatedly stabbed, strangled, mutilated or tortures.
There were times in our society when the orientation of the victim was not analyzed differently in any aspect of the investigation or prosecution of the crime. A crime against a lesbian, gay, bisexual or transgender person was treated the same as a crime against any other victim. As society changed, laws regarding these particular victims of crime have changed as well. In 2009, President Barack Obama signed the Matthew Shepard and James Byrd Hate Crime Prevention Act into law. This law created federal protections for lesbian, gay, bisexual and transgender individuals, and labeled crimes against individuals based on their sexual orientation as hate crimes. This federal law was a reaction to the brutal murder of a gay man in Wyoming. The law expanded the prosecution of hate crimes and criminalized assaults against lesbian, gay, bisexual and transgender persons.
HATE CRIME
The Matthew Shepard and James Byrd Hate Crime Prevention Act made funding available to state and local law enforcement agencies so that they may more effectively investigate and prosecute hate crimes against lesbian, gay, bisexual and transgender victims. The law also may it a crime to “willfully” cause bodily injury to an individual due to the individual’s actual or perceived sexual orientation or gender identity. The law also includes other federally protected categories of hate crime. It took many years for this proposed law to become in effect. It is a federal law. States can and do respond to such crimes differently.
Currently, only thirty-one states have legislation addressing hate crimes against lesbian, gay, bisexual or transgender individuals . The state hate crime laws provide tougher penalties to offenders who commit a crime that is motivated by hate against a victim due to their sexual orientation or gender identity. These tougher penalties have been adopted in hate crimes because a crime of hate impacts more than just the victim. Hate crimes have a substantial effect on the entire lesbian, gay, bisexual and transgender community, locally, state-wide, nation-wide and world-wide. The lesbian, gay, bisexual and transgender community also feels victimized. They feel fearful and vulnerable, as well as isolated and unprotected.
EFFECTS
Incidents of hate crime among lesbian, gay, bisexual and transgender individuals create fear and insecurity in the individual victim and the lesbian, gay, bisexual and transgender community. Psychological effects of these crimes are intense for the individual. Victims suffer guilt, shame, anxiety, depression, low self-esteem, and often display symptoms of post-traumatic stress disorder. Studies have revealed that most victims take up to five years to overcome the psychosocial consequences of the crime. These types of crimes not only affect the individual victim, but their community and society as a whole.
The lesbian, gay, bisexual and transgender community feels victimized after the reporting of a crime against a lesbian, gay, bisexual or transgender person. The entire community of lesbian, gay, bisexual and transgender individuals feel victimized because the crime was motivated by the individual’s sexual orientation. This leaves other lesbian, gay, bisexual and transgender individuals feeling vulnerable and unprotected. Although crimes against lesbian, gay, bisexual and transgender individuals have a substantial effect on many people, victims are often reluctant to report the crime.
Evidence has shown that crimes against lesbian, gay, bisexual and transgender individuals are highly under reported. This is either due to the fact that the individual may not want to be identified as lesbian, gay, bisexual or transgender, or the crime is not considered a hate crime by law enforcement. The victim may be afraid of repercussions that could result if he or she identifies as lesbian, gay, bisexual and transgender in their family, school, or community, or afraid of encountering the perpetrator in the future. Law enforcement officers may be bias, inexperienced or uneducated on lesbian, gay, bisexual and transgender crime. Lesbian, gay, bisexual and transgender individuals must remain aware and cautious at all times, and this instills a sense of fear and anxiety, as they search for the cause of such typically heinous crimes.
CAUSES
Many factors contribute to incidences of crime against lesbian, gay, bisexual and transgender persons. Some factors include societal norms, stereotypes, prejudice, homophobia, anxiety and fear. The values that promote crimes against lesbian, gay, bisexual and transgender individuals are instilled in offenders at an early age, and are supported and reinforced by groups. Typically, it is societal prejudice that instigates such actions against lesbian, gay, bisexual and transgender individuals. Society teaches individuals persons who do things different than the norm, are wrong and different. Stereotypes, prejudice and homophobia also contribute to incidences of crimes against lesbian, gay, bisexual and transgender individuals.
Prejudicial and homophobic views of lesbian, gay, bisexual and transgender individuals tends to give permission to the perpetuation of crime against them. A stereotype is an attitude toward lesbian, gay, bisexual and transgender individuals that is generalized and fixed. Typically, these attitudes are misconceived, yet they can be a reason an individual commits a crime against a lesbian, gay, bisexual and transgender individual. Prejudice also contributes to the perpetuation of crimes against lesbian, gay, bisexual and transgender individuals. Prejudice crime as it arises when an individual holds a preconceived opinion about lesbian, gay, bisexual and transgender individuals that is not based on their own individual experience or any rational logic. Homophobia is a type of prejudice targeted specifically towards homosexual individuals. It includes a variety of negative thoughts, feelings and attitudes toward those who are lesbian, gay, bisexual or transgender. Homophobia may be the cause of the majority of crimes against lesbian, gay, bisexual and transgender individuals. Typically, homophobia is bread from fear and anxiety.
SOLUTION
The root causes of crimes against lesbian, gay, bisexual and transgender individuals must be addressed in order to reduce the crimes. Prevention of crimes against lesbian, gay, bisexual and transgender individuals can only occur in society today by reducing the stigma that targets this group of individuals. This must be an effort by individuals, families, communities and society as a whole. Fear and anxiety can be reduced by instilling positive images of lesbian, gay, bisexual and transgender individuals in society, communities and schools. Stereotypes and prejudices can be erased with efforts by everyone showing how a lesbian, gay, bisexual or transgender person is the same and equal to those who are not lesbian, gay, bisexual or transgender. The government made an effort toward reducing the crime by enacting legislation. However, the laws are not enough to stop or deter the crimes that committed daily against individuals who are lesbian, gay, bisexual or transgender.
CONCLUSION
Harassment, physical assault, sexual assault, kidnapping, robbery, rape and murder have all been crimes perpetrated against lesbian, gay, bisexual and transgender individuals. Physical assault is the most common. These crimes are often brutal, and have a substantial impact on the individual victim and the lesbian, gay, bisexual and transgender community as a whole. Most of these crimes are motivated by hate and bias and have been defined as hate crimes. The federal government passed a law addressing these particular crimes, in hopes to deter or reduce the incidences. However, many states have not passed such laws, and the stereotypes and prejudices towards lesbian, gays, transgender individuals continues to be perpetuated by society. Society needs to understand that the effects of crimes against lesbian, gay, bisexual and transgender individuals are extreme. And, there must be an increased understanding of the causes of crimes against lesbian, gay, bisexual and transgender individuals in order to reduce or prevent the increase in these crimes.
References
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Hate Crime Reporting. 2016. <http://hatecrime.osce.org/what-hate-crime>.
Marzullo, Michelle A. and Alyn J. Libman. Hate Crimes and Violence Against Lesbian, Gay, Bisexual and Transgender Individuals. Washington, D.C.: Human Rights Campaign, 2009. <https://dixie.edu/titleixcleryact/File/Hate%20Crimes%20andv%20Violence%20Against%20LGBT%20Individuals.pdf>.
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