Hate Crime Lecture Slides PDF

THEME THREE VICTIMS OF HATE CRIME WHAT IS HATE CRIME ? A criminal act committed against people, property, or societies that is motivated by prejudice towards a certain group to which the victim belongs or identifies with (i.e. LGBTQ+ community, foreign national or race). Offenders...

THEME THREE VICTIMS OF HATE CRIME WHAT IS HATE CRIME ? A criminal act committed against people, property, or societies that is motivated by prejudice towards a certain group to which the victim belongs or identifies with (i.e. LGBTQ+ community, foreign national or race). Offenders seek to humiliate and dehumanise victims. Hate crimes involve mixed motives such as robbery and also incorporate crimes where the victim’s actual or perceived identity, such as race, ethnicity, gender, sexual orientation, disability, health status, nationality, social origin, religion, culture, language, and/or other characteristic, is a factor. Hate victimisation (or incidents) is a term that collectively refers to hate crime, hate speech and intentional unfair discrimination. Acts of violence or bullying directed at people because of who they are or who someone thinks they are. Cont. Corrective rape vs Hate speech Corrective rape is a criminal practice, whereby men rape lesbian women, allegedly as means of “curing” the women of her sexual orientation. Despite South Africa being the first nation on earth to outlaw discrimination based on sexual orientation, the first African country to legalize same-sex marriage and the world’s first republic to guarantee LGBTQ+ citizens equal rights in all realms of life (including adoption), cases of corrective rape have been on the rise (Global voices, 2010). Hate speech is speech that attacks a person or group on the basis of attributes such as race, religion, sexual orientation, or gender Cont. Incidents of hate crime and biased motivated violence in South Africa are apparent, e.g. an outbreak of attacks against foreign nationals in Gauteng, the Western Cape and KwaZulu-Natal, as well as the murder and rape of black lesbians in townships across the country. EXTENT OF HATE CRIME Hate crimes are less likely than the non-bias crimes to be reported to the police and is because of the uncertainty as to what qualifies as a “ real” crime of hate or believing that only extreme and violent cases qualify as hate crimes, it may contribute to hesitation in reporting. Hate crimes occur in the context of sustained harassment, most often in the home, at school and tertiary education institution Fear of contact with the perpetrator or even retaliation Mistrust of the police and fear that the criminal justice system too may be biased. Negative attitudes, actions and secondary victimisation by criminal justice system  Co… Other reason for under reporting of hate crimes A sense of shame because it is the victim’s identity that is being problematised or attacked Lack of words to describe accurately their experience of being discriminated against, especially where hate crime is not acknowledge as a crime category. Ignorance of the law on the part of victims and law enforcement. This lack of knowledge can lead to problems, such as victims not knowing their rights or law enforcement not applying the law correctly.  HATE CRIME STATISTICS ⚫ Statistics on hate crime are generally lacking, and it is hard to compare with other countries due to variations in definitions. ⚫ Meaningful statistics are difficult to establish RACE-BASED HATE VICTIMISATION Race-based crimes of hate are consistently indicated to be the most prevalent worldwide. Formulated by white people to subject black people to unequal treatment Racism was institutionalised, legalised, and internalised in South Africa. Dragging black people to death behind motor vehicles and feeding black people to lions are examples of race-related crimes that have taken place in South Africa and have alarmed the world. Adopting the Bill of Rights as part of the Constitution has granted equal rights to every South African citizen. Constitution of South Africa, no. 108 of 1996 Everyone has inherent dignity and the right to have their dignity respected and protected. RACIST VIOLENCE In the past there have been a number of cases where race appears to have been one motivating factor in the commission of the crime. These include: Racially-motivated sexual, verbal and physical attack on factory workers in Blackheath, near Cape Town in April 2011. The random shooting of four black people by white teenager Johan Nel in Skierlik, North-West in January 2008. The shooting of three black bus passengers by self-proclaimed right winger De Wet Kritzinger in 2000. The racially-motivated Christmas Eve bombing of a pharmacy and shopping centre in Worcester, Western Cape in 2005.  Cont.. There are still many incidents which appear to be influenced by racism, which indicate that that a lot of work still needs to be done to truly eradicate racism. The department of Justice and constitutional Development spearheaded the Development of National African Plan to combat racism, racial discrimination, xenophobia and related intolerance of hate crime. The purpose of the NAP is to build a non-racial, nonsexist society based on the values of human dignity, equality and the advancement of human rights and freedom. XENOPHOBIA-BASED HATE CRIMES The violence specifically targeting foreign nationals, has been recorded in many parts of the world, including Egypt, Libya, Ukraine, Russia, Malaysia, Thailand, US and many parts of Europe. The factor to xenophobia is the culture of impunity for violence against foreign nationals. XENOPHOBIC VIOLENCE In March 2010, the South African Human Rights Commission (SAHRC) issued a comprehensive report outlining its findings and recommendations relating to an outbreak of xenophobic violence in 2008 that targeted migrants, refugees, and others viewed as foreigners. Several academic and civil society reports have also examined the May 2008 attacks that broke out in as many as 135 different locations across the country, leading to at least 62 deaths (two thirds of the victims were foreign nationals), over a hundred thousand people displaced, and substantial property damage. Before the 2008 violence, at least another 72 foreign nationals had been killed since 2000 in attacks thought to be xenophobic. Patterns of violence included a number of cases of attacks on all foreign nationals living in a given neighbourhood as well as attacks specifically targeting foreign-owned shops. XENOPHOBIC VIOLENCE Over the past year, notable incidents have included: The murder of a Zimbabwean national by a mob in Diepsloot, Gauteng in January 2011. Threats against all foreign business owners in various parts of Gauteng by a group calling itself the Greater Gauteng Business Forum in May 2011. More than 50 Somali-owned shops are attacked and looted in Motherwell, Port Elizabeth in May 2011. The stoning to death of a Zimbabwean man by a mob in Polokwane, Limpopo in June 2011. The murder of over 25 Somali shopkeepers in townships around Cape Town between May and June 2011. Somali community leaders regard the attacks as xenophobic. Cont.…. The stoning to death of a Mozambican man in GaPhasha, Limpopo in July 2011. Threats of violence against foreign nationals occupying government-provided housing in Alexandra as well as violence in Laudium, Pretoria in October 2011. Threats of violence against foreign business owners in Ekurhuleni, Gauteng by South African business owners in November 2011 2012 violence against Bangladeshi shopkeepers in 18 townships around Welkom, 60 shops were burnt down and 250 people displaced VIOLENCE BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY BIAS Violence Based on Sexual Orientation or Gender Identity Bias. South Africa’s constitution guarantees a wide range of rights for lesbian, gay, bisexual, transgender, and intersex (LGBTQ+) individuals. However, the day-to-day reality for many LGBTQ+ individuals remains unpleasant due to the ongoing harassment, intimidation, and violence motivated by a sexual orientation or gender identity bias. Lesbians from urban townships are affected by the awful practice of “corrective” rapes, in which victims are targeted with the specific goal of “curing” them of homosexuality. Violence Based on Sexual Orientation or Gender Identity Bias Over the past year, notable incidents have included: In September 2011, the body of Nontsikelelo Tyatyeka was found in a dustbin in Nyanga, Cape Town in what is suspected to be a homophobic case. On 3 May 2011, Nqobile Khumalo was attacked and murdered in Kwamashu township in Durban. Her ex-boyfriend later confessed to the crime, stating that he had killed her because he could not accept that she left him for another woman. According to reports, in addition to being severely beaten, Khumalo was also raped prior to her death. OTHER FORMS OF HATE CRIME There is little research on violence targeting people on the basis of disability Violence victimisation targeting individuals due to other characteristics in addition to race, nationality, sexual orientation and gender identity is common in South Africa The fact of being heterosexual, homosexual or bisexual. Criminal victimization motivated by religious intolerance Targeting individuals with violence on the basis of their health or HIV/AIDS status. OTHER FORMS OF HATE CRIME Attacks on property belonging to or associated with religious believers have an impact on entire communities for whom that property is a place of worship. Individuals within the 80,000-strong Jewish community in South Africa have reported verbal threats and hate mail as well as occasional instances of vandalism of synagogues and cemeteries. Some Hindu temples and statues have been vandalized over the past decade. IMPACT OF HATE CRIME- INDIVIDUAL IMPACT Victims of hate crimes have distinct needs and may suffer from consistently higher levels of psychological distress than victims of other crimes They are also at risk of developing a mental health problem, including post-traumatic stress disorder which may interfere with work functioning or maintaining healthy relationship Subjectivity and personal experience are important in understanding the individual impact of bias-motivated victimization Aggravating factors include lack of family and community support Victims who have access to appropriate support services and other resources soon after the incident have been found to heal more rapidly.. Continued exposure to trauma and abuse without required intervention may have severe long –term negative psychological implications for victims of hate crimes IMPACT OF HATE CRIME- INDIVIDUAL IMPACT The effect of a hate crime on an individual can be quite drastic. Due to the fact that the crime is committed because of their identity (race, ethnicity, national origin, religion, sexual orientation, or disability), an individual may experience an array of additional emotional distress. A person who has experienced a hate crime may undergo: Deep personal hurt Feelings of powerlessness, vulnerability, anger and sadness Fear for personal and family’s safety Changes in lifestyle that include things such as reactions to strangers and where they walk IMPACT OF HATE CRIME- SOCIETAL IMPACT Emotional and psychological impact of hate crime usually extends beyond the individual victim to other individuals from the target group. feeling isolated, vulnerable, unprotected and intimidated Victim’s large community too experience fear , distrust and renewed conflicts around pervious areas of division in the community resulting in further polarization Example, a black scholar stabbed a white scholar with a knife, brought about community polarization and racial tension beyond the school even between black and white police SECONDARY VICTIMIZATION Negative attitudes and prejudice on the part of criminal justice officials and health service providers play a role in secondary victimization i.e. Decision makers de-prioritizing hate victimization, and service providers neglecting, and sometimes openly discriminating against survivors of hate crimes Another example is when community members display more support for the accused during the trial than the victim Victims of hate crimes avoid reporting. FACTORS CONTRIBUTING TO HATE CRIMES ▪ Offenders motive – Thrill-seeking behaviour: This behaviour is often directed at homosexual men, for instance where gay- bashing is viewed as means of alleviating boredom and is associated with attempts to gain peer respect. – Peer pressure : To skill , masculinity or prove heterosexuality, the perpetrator may, for instance, take up a challenge posed by friends to vandalise the personal belonging of someone known to be gay, a foreign national or of another race. - In self defence reactive or in response to the victim’s actions: Poor socioeconomic conditions contribute to frustration and aggression relating to experiences of ongoing poverty. Usually associated with xenophobia or race-based bias, the main aim may be to preserve one's turf. e.g making it clear to victims that they are to reconsider settling in a certain neighbourhood of face the consequences. - An ideology or mission-driven behaviour Perpetrators view their actions as contributing to “ ridding the world of evil” or as maintaining prevailing social norms that, for instance, condemn the same sexuality or intimate interracial relationships. In such cases, the perpetrators are usually individuals or groups whose purpose is to “criminalise” their targets, thus “justifying” their criminal behaviour. - Social background factors: Perpetrators of hate crimes may have criminal background and histories of antisocial behaviour. - Group Dynamics Group context can amplify aggressive reactions by reducing inhibition and diffusing the responsibility of individuals too bring about a “group mentality”. Psychological notion: hate crime have their roots in normative, individuals and societal attitude, moral beliefs and ideologies that may lead to intimidation bulling, assault, rape and even murder. Cont.…. Relationship between stereotyping, discrimination & victimisation Victimisation Perception Discrimination Categorisation Prejudge Labelling/ ment Stereotyping