Gender-related crimes included in new US hate crime law
Gay Killings - Stop gender-motivated hate crime
Gay Killings - Stop gender-motivated hate crime
Gender-related crimes included in new US hate crime law
Written by Helen G. on October 29, 2009 at 12:30 pm
From Questioning Transphobia blog
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, was passed by the U.S. Congress on October 22, 2009 and signed into law by President Barack Obama yesterday (October 28, 2009). It aims to expand the existing (1969) federal hate-crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity, or disability.
The Act makes three key provisions:
Section 4707 amends United States Code Title 18, section 249, to include actual or perceived gender, disability, sexual orientation and gender identity in the list of hate crimes punishable under federal law.
Section 4704 (a) provides for the Attorney General – at the request of a state or local law enforcement agency – to provide ‘technical, forensic, prosecutorial or any other form of assistance’ in the investigation or prosecution of a hate crime. Section 4704 (b) provides for the Attorney General to make grants for extraordinary expenses associated with the investigation or prosecution of a hate crime.
Section 4706 provides for the appropriation of additional personnel to assist state authorities or local law enforcement agencies to prevent and respond to violations of section 249.
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The Philippines should follow suit to protect its LGBT citizens. In the past years, a series of gay killings rocked the local LGBT community. Among the victims are:
- October 29, 2004 - Carl Roman Santos, 28, an advertising consultant. He was found dead inside his residence at Teacher’s Village, Quezon City. He was stabbed 21 times.
- December 3, 2004 - Father Robert Tanghal, 58, was discovered dead inside his rented apartelle on Matutum St., Bgy. St. Peter St., Quezon City. He was naked and had 40(!) stab wounds.
- 2004 – Joel “Joan” Binsali, 25, a beautician, was found dead wearing a briefing at J-Sam Salon at 27 V. Luna Road corner Mapang-Akit St., Bgy. Pinyahan, Quezon City. He had 15 stab wounds.
- 2004 – William Castro, 42, a broadcaster at DWAN AM station and a resident of Phase 2, Bldg. 6, Sikatuna Bliss, Bgy. Sikatuna, QC, was also discovered stabbed to death.
- May 26, 2005 - Eli Pormaran, a 52-year-old entertainment writer and publicist, was lying lifeless due to multiple stab wounds inside his rented condominium on Castilla St., New Manila, Quezon City.
- August 8, 2005 - Larry Estandarte, 27, a researcher for a TV show and founding member of UP Babaylan, Asia’s first LGBT students’ organization, was found dead after workers of a nearby construction site reported foul smell coming from his room. He was stabbed 11 times and estimated to be dead for two days before he was found.
- 2006 - Joselito Siervo, 38, executive producer of reality show Pinoy Dream Academy, was also stabbed to death.
- August 15, 2009 – Winton Lou Ynion, a writer, poet and instructor at De La Salle University was found in his condominium’s toilet with his hands and feet tied. He bore multiple stab wounds and was drenched in his own blood.
Though these cases have been used to push for hate crime legislation, the police maintains that further investigation is needed to establish these as gender-related hate crimes.
But having a Philippine gender-hate-crime law is possible with numerous active LGBT organizations pushing for equal rights in the country, despite headstrong opposition from the church. One of them is Rainbow Rights, which has continually educated LGBT community members about their rights and has been lobbying for the passage of bills that will protect the Filipino LGBTs.
We may have a long way to go to get a bill similar to the US’ hate crime law here, but we’re hopeful that positive change will come soon.
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