September 24th, 1997 to September 30th, 1997

Hate Crimes Conference offers look at police and prevention

Anti-gay hate crime reports have doubled

by Lori Weiner

"As long as I'm mayor," announced Chicago Mayor Richard M. Daley from the podium of the Conference Center at the University of Chicago on Sept. 16, "the tolerance level for hate crimes is zero." Thus began a day-long program about the devastation of hate crime on individuals and communities in Cook County, co-sponsored by State's Attorney Richard Devine, Northwestern University's Medill School of Journalism, and the Human Relations Foundation of Chicago.

Meanwhile, reports of hate crimes against gays and lesbians have more than doubled in the past 12 months. Anti-violence activists say actual attacks may not have increased, but that people may be reporting more incidents to police.

With 33 featured speakers, "A Community Confronts Hate Crime" addressed hate-motivated crime committed against a variety of racial, ethnic, religious and sexual minority groups, paying special attention to Illinois law governing the disposition of hate criminals in the courts. A hate crime is a Class 4 felony in Illinois, punishable by a minimum one year's imprisonment. A repeat offender is subject to at least three years imprisonment.

The hate crime designation provides an upgrade in severity from misdemeanor to felony when addressing criminal acts motivated by hate (for example, the law recognizes the elemental difference between spray painting "I Love Joe" on a wall, and spray-painting "I Hate Fags" on a wall). The felony designation can, in turn, signal a stiffer penalty from a judge at the time of sentencing. Victims of hate crimes are also eligible to pursue civil action against the criminal.

According to the Chicago Police Department, a hate crime occurs when, as a direct result of the victim's actual or perceived race, color, creed, ancestry, nationality, religion, sexual orientation, gender or disability (including HIV status), the victim is assaulted; the victim's property is damaged; or the victim is robbed, harassed, or the target of mob action. To charge an offender with a hate crime, it must be established that hatred was a motivating factor in the attack. Evidence of hatred as a "motivating factor" can include statements made by the offender, a pattern of incidents in a specific area, or attacks directed against a specific person or group.

Offensive language does not constitute a hate crime. If, however, a criminal act is perpetrated, the offender's use of offensive, insulting or hurtful language can be used as a foundation to prove the crime was, in fact, one of hate.

According to the Chicago Lawyers' Committee For Civil Rights Under Law, Inc., the typical hate crime offender is a "young white male acting with others, but with no affiliation to an organized hate group." The Committee classifies several types of hate crime: thrill hate crime, typically perpetrated by young offenders who roam outside their own neighborhoods in search of victims; defensive hate crimes, committed by offenders who perceive themselves as vulnerable to an outside "threat" such as social or economic change in their communities; and mission hate crimes, perpetrated by organized extremist groups such as the Ku Klux Klan. The latter, while the rarest type of hate crime, is considered the most threatening to overall public safety.

In 1996, a hate crime occurred in every one of Chicago's 25 police districts, with the highest concentration in Chicago Lawn (27 incidents) and the fifth highest Rogers Park (24 incidents). Chicago Lawn, Morgan Park, Deering, Albany Park, and Rogers Park combined for 54% of the hate crimes. Race was the primary motivating factor in these districts with the exception of Rogers Park, where Jews were the primary target.

According to the Chicago Police Dept., reported hate crimes against gays and lesbians fell 48% in 1996, from 31 in 1995 to last year's total of 16. But gays, lesbians, bisexuals, and transgendered people, along with new immigrants to the U.S. (most of whom arrive from totalitarian Eastern Bloc nations), were identified as the two groups least likely to report a hate crime. And Horizons states in its 1996 "Anti Gay, Lesbian, Bisexual And Transgendered Violence" report that anti-lesbigaytrans incidents actually rose 16%, from 83 in 1995 to 96 in 1996.

The Horizons Anti-Violence Project reported 131 victims of hate violence and 166 victims of domestic violence among gays, lesbians, bisexuals and transgendered in 1996. Of 224 cases of hate violence, 69 involved harassment, 58 involved assault, and 37 intimidation. Additionally, Horizons reported 14 cases of police misconduct, with 9 occurring in Chicago and 5 in other jurisdictions. Twenty-seven new incidents of HIV-related violence were also reported.

Hate crime against the lesbian, gay, bisexual, and trans communities tends to be particularly vicious and is "growing more so," notes Horizons' report. Assaultive incidents, including assault with weapons, sexual assault/rape, and murder, rose from 39% of the total in 1995 to 41% in 1996. Fifty individuals were injured or killed in Chicago last year as a result of anti-lesbigaytrans hate crime; 32% of those injured suffered serious physical injury, including broken bones and physical impairment or death; 46% of those injured required medical attention.

Horizons also acknowledges a low reporting rate of hate crime by lesbigaytrans. Though the national rate of hate crime reporting by lesbians, gay men, bisexuals and transgendered individuals increased to 40% in 1996 from 36% in 1995, it remained far beneath the average of 48% reporting for all crime. In Chicago, 32% of anti-lesbigaytrans incidents of violence were reported to the police. This low rate is attributed to mistrust and fear of the police. In Chicago, 8% of lesbian, gay men, bisexual, and transsexual victims who reported their incidents to police said the officers were "indifferent," and 4% said the police were verbally or physically abusive.

In comparing statistics for the period September 1995-September 1996 to the last 12 months, hate crime in Chicago has increased. Anti-Semitic violence has increased 22% and anti-lesbigaytrans violence has more than doubled.

Attacks reported in New Town

Two hate crimes targeting gay men were reported to the Chicago Police Department during the week ending Sept. 19.

On Sept. 16 at approximately 4:40 p.m. in the 3200 block of North Broadway, plainclothes mass transit officers overheard two youths, ages 16 and 17, taunting a Black male, 38, about his alleged sexual orientation. The youths made an agreement among themselves to assault the victim. At that point, the plainclothes officers intervened and arrested the youths. The 17-year old was charged with a hate crime. The 16-year-old was remanded to the custody of the youth division of the Chicago Police Department. The victim was not injured.

On Sept. 17 at approximately 5 p.m., a 61-year-old white male victim was feeding squirrels outside his home in the 500 block of West Briar when a white male in his 20s began directing derogatory comments, including "Hey, faggot," to the victim. The offender then approached the victim and pushed him down a flight of stairs. The victim suffered a chipped tooth, a bloody nose, and bruised wrist and fingers. He was treated and released at Columbus Hospital. The offender, described as a white male in his 20s with light brown hair and light complexion and wearing a green shirt with tan pants, was observed fleeing into a building in the 400 block of West Briar and remains at large as Outlines goes to press.

The Chicago Police Department also reports an armed robbery occurring on Sept. 14 at approximately 10:30 p.m. A 45-year-old white male victim walking in the 700 block of Aldine Street was approached by two African-American offenders, who asked him for the time. The victim gave the offenders the time and proceeded to walk past them. The victim was then struck in the head, possibly with a club, and robbed of his watch, approximately $150 cash, and credit cards. The victim transported himself to a nearby restaurant where staff called an ambulance for him. The victim was then transported to Illinois Masonic Medical Center. A detective from the 19th District of the Chicago Police Department interviewed the victim and determined that the assault was motivated by robbery; therefore, it is not considered a hate crime. The Police Department has suspended the case, pending development of bona fide leads regarding the offenders. Anyone who may have witnessed the assault is encouraged to contact Area 3 of the Chicago Police Department at (312) 744-8261.

The Horizons Anti-Violence Project, which sponsored the screening last Friday of Arthur Dong's documentary Licensed to Kill, operates a 24-hour hotline. Call (773) 871-CARE.

-Lori Weiner

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