Three women identified by their lawyers as lesbians were arraigned yesterday on a hate crime charge for allegedly beating a gay man at the Forest Hills T station in an unusual case that experts say exposes the law’s flawed logic.Well, here we have it folks: the reductio ad absurdum of identity politics. Crime is crime, and attempts to make someone's motive a criminal act in addition to the crime itself makes this kind of ridiculous situation inevitable. Is a violent attack less heinous when it is not motivated by homophobia? Is a heterosexual victim of an assault less victimized? Idiocy indeed.
“My guess is that no sane jury would convict them under those circumstances, but what this really demonstrates is the idiocy of the hate-crime legislation,” said civil liberties lawyer Harvey Silverglate. “If you beat someone up, you’re guilty of assault and battery of a human being. Period. The idea of trying to break down human beings into categories is doomed to failure.”
Prosecutors and the ACLU of Massachusetts said no matter the defendants’ sexual orientation, they can still face the crime of assault and battery with intent to intimidate, which carries up to a 10-year prison sentence, by using hateful language.
Saturday, February 25, 2012
Is it a hate crime when three lesbians beat up a gay man?
Apparently in Boston it is: