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Hate crime rhetoric
published: Tuesday | June 22, 2004


Garth Rattray, Contributor

ALTHOUGH I never knew Mr. Brian Williamson, founder of the Jamaica Forum for Lesbians, All-Sexuals and Gays (J-FLAG), I was deeply disturbed by his murder and especially mortified by the brutality of the crime. It galvanised J-FLAG into labelling the murder a "hate crime" and attracted the attention of OutRage, Briton's leading gay rights group established in May 1990, known for its irreverent style of non-violent civil disobedience. The group called for a repeal of (what they termed) our anti-gay laws and an international ban on dancehall lyrics that induce people to commit violence against homosexuals. The group also called for Jamaican schools to educate children with programmes that combat homophobia.

RELEVANT INTEREST

The response to Mr. Williamson's horrendous murder is understandable but it seems to me that relevant interest groups should wait for the findings of the police before blaming Mr. Williamson's murder on his sexual orientation lest they be perceived as panic-stricken and/or paranoid. Hate (bias) crimes are exceedingly serious and at-risk groups must be careful not to cry wolf. The term "hate crime" was first used in the late 1980's when a "black" man was mobbed and killed by a group of epithet-shouting "white" teenagers in New York as he tried to evade them. Such crimes are especially heinous because they victimise any number of people within a large target group. It is intrinsically unfair because the hated individual can do nothing to change his or her particular characteristic that motivates the attack. Furthermore, the victims of hate crimes typically did nothing to precipitate the violence directed towards them.

A Northeastern University piece by Jack Levin and Jack McDevitt explains that "hate crimes are criminal offences motivated either entirely or in part by the fact or perception that a victim is different from the perpetrator". The term is open-ended and allows for the addition of any group of persons to the list of those that deserve equal protection under any hate crime legislation.

Interestingly, some 13 American States treat gender-based offences (like rape) as hate crimes. As far as I know, Jamaica has no existing legislation under which someone may be prosecuted for a hate crime. In fact, in the USA, individual states are left to formulate their own hate crime legislation, as there is no federal law to cover the issue. Because of this, only 36 states have hate crime laws and there is wide variation between them. Most states cover crimes against people because of their race, ethnicity and religion. Others have legislation dealing with hate crimes targeting the elderly, disabled and people with certain sexual orientations.

Hate crimes are motivated by prejudice, envy, fear, or revulsion. Ehrlich, (1972); Levin and Levin, (1982) define "prejudice" from a psychological perspective as "a negative attitude toward individuals based on their perceived group membership, for example, their race, religion, ethnicity, or sexual orientation."

THE WORTH

It's bad enough that this beastly murder took place, but we should not measure the worth of this man's life entirely in terms of his homosexuality and activism for gay rights when those who knew him well have stated categorically that there was much more to him. His distraught neighbours openly voiced their utter dismay that anyone could murder a man with so many admirable personality traits. He was described as 'very sweet', "most adorable", "very kind" and "trusting". Friends and neighbours said that because of his kind, gentle and open nature, he welcomed anyone into his home. This, they said, caused his demise, not his outspokenness on homosexuality. Apparently Mr. Williamson willingly let the perpetrators into his home because he was acquainted with them.

Since statistics have shown that 66% of hate crimes are committed by strangers and since the police found the apartment ransacked and monies missing, a robbery/murder is strongly suggested. The assault or murder of a member of a certain group (the police, for example) does not automatically mean that it was a hate crime. The "hate crime" label should only be used as heavy artillery in the fight against intolerant zealots and not invoked frivolously, thus lessening its impact when and if a bona fide case should arise.

Dr Garth A. Rattray is a medical doctor with a family practice.

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