• atzanteol@sh.itjust.works
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      1 month 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
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        1 month 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
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          1 month 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
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          1 month 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
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        1 month 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

        • atzanteol@sh.itjust.works
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          1 month 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.

            • tomi000@lemmy.world
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              1 month 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
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        1 month 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
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          1 month 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
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            1 month 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

            • catloaf@lemm.ee
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              1 month 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
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                  1 month 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.

            • Drusas@fedia.io
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              1 month ago

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