• atzanteol@sh.itjust.works
      link
      fedilink
      English
      arrow-up
      32
      arrow-down
      2
      ·
      7 days ago

      It’s not a description, it’s a legal term. If they claim it is a hate-crime they have to be able to prove they had a specific motivation which can be difficult.

      • buddascrayon@lemmy.world
        link
        fedilink
        arrow-up
        18
        arrow-down
        1
        ·
        6 days ago

        They beat a person near to death for looking too man-ish and being in the women’s bathroom. I don’t think hate crime will be a hard thing to prove here.

        • tomi000@lemmy.world
          link
          fedilink
          arrow-up
          8
          ·
          edit-2
          6 days ago

          Yeah just like it wouldnt be hard to prove cops killing innocents when there is literal video evidence, yet we know how thats working out.

        • Modern_medicine_isnt@lemmy.world
          link
          fedilink
          arrow-up
          4
          ·
          6 days ago

          Remember, some of the jury will probably be at least loosely against lesbians or trans people. If all you have is she said, he said, those people won’t convict for a hate crime. But if you stick to just the beating, which doesn’t need to prive a motive, they would vote to convict. It sucks, but that is what a jury of your peers means.

      • FistingEnthusiast@lemmynsfw.com
        link
        fedilink
        English
        arrow-up
        8
        ·
        7 days ago

        Oh, I know

        I said as much further down

        The legal burden of proof is fraught

        My initial reaction was born of frustration and disgust at what had happened

      • xor@lemmy.dbzer0.com
        link
        fedilink
        English
        arrow-up
        3
        arrow-down
        4
        ·
        6 days ago

        why else would a group of boys beat a woman almost to death? i’m sure there’s witnesses and security video showing it started over the bathroom.
        in this great nation, they’re happy to charge you with multiple excessive charges and then drop some during the plea bargain.
        in this case: Assault with intent to do great bodily harm less than death, and hate crime modification… two felonies…. being able to perfectly prove it comes later….

        • atzanteol@sh.itjust.works
          link
          fedilink
          English
          arrow-up
          4
          arrow-down
          3
          ·
          6 days ago

          why else would a group of boys beat a woman almost to death?

          You make an excellent point - it’s never happened before for any other reason.

          • xor@lemmy.dbzer0.com
            link
            fedilink
            English
            arrow-up
            3
            arrow-down
            3
            ·
            6 days ago

            oh hehe, so fucking clever.
            go ahead and pretend like you don’t know what i mean… i won’t be arguing with a disingenuous person like yourself.
            (if you’re actually that stupid, it’s about likelihood, not “it’s never happened ever so never ever could times infinity”.
            two boys attacked one woman, in a mcdonald’s, with no provocation, interaction, or plausible reason other than she used the bathroom and wasn’t feminine enough so they thought she was trans. Words were exchanged that betrayed their motives.
            the “why else” has, throughout history, been for robbery or sexual assault… or occasionally a single person with mental illness, not a pair of men them…. i’m not advocating for a conviction, i’m advocating for criminal charges, the nitty gritty can be sussed out in court)

            • tomi000@lemmy.world
              link
              fedilink
              arrow-up
              3
              arrow-down
              3
              ·
              edit-2
              6 days ago

              Not sure what youre being so defensive about. You made a wrong assumption which in no way would hold up in court, thats what they pointed out. Youre making it sound like winning a case is the same as solving a math equation, but its not. In many cases it is very complicated and legal moves need to have a solid basis.

              Your reaction is very childish and its only purpose was to mask your unknowingness.

              Im not even sure you understood the point they were trying to make. Guys beating up women happens a lot (at least a lot more often than it should) and most of the time for reasons other than homophobia.

      • FistingEnthusiast@lemmynsfw.com
        link
        fedilink
        English
        arrow-up
        17
        arrow-down
        1
        ·
        7 days ago

        Sadly, the odds of getting a conviction

        They can easily get assault, but a hate crime requires proving intent and having a jury sympathetic to the victim

        It’s a shitty situation

        • catloaf@lemm.ee
          link
          fedilink
          English
          arrow-up
          21
          ·
          7 days ago

          A group of strangers started harassing her and using anti-gay slurs as she left the restroom

          Sounds open-and-shut hate crime to me.

          • FistingEnthusiast@lemmynsfw.com
            link
            fedilink
            English
            arrow-up
            12
            arrow-down
            5
            ·
            edit-2
            7 days ago

            Now convince a jury of stupid, ignorant yanks of that.

            Edit: I live in Australia

            To us, you’re all “Seppos”

            Septic-Tank>Yank

            • Drusas@fedia.io
              link
              fedilink
              arrow-up
              5
              arrow-down
              3
              ·
              7 days ago

              Yanks are from the northeast, which is generally fiscally conservative and socially progressive.

            • catloaf@lemm.ee
              link
              fedilink
              English
              arrow-up
              5
              arrow-down
              3
              ·
              edit-2
              7 days ago

              There are no Yanks in Illinois. That’s the Midwest. We’re in the Northeast (though ignorance is not regional).

                • Hobbes_Dent@lemmy.world
                  link
                  fedilink
                  arrow-up
                  13
                  arrow-down
                  2
                  ·
                  7 days ago

                  Canada too.

                  Y’all down there in Red White and Stupid land can complain all you want about “yanks” meaning all the US considering you’ve co-opted “American” to mean the same thing.