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Hate Violence against Lesbian, Gay, Bisexual,
and Transgender People in the United States
2008

A Report hy

THE NATIONAL COALITION OF
ANTI-VIOLENCE PROGRAMS
Inside

• Statistics on violence against LGBTpeople
• Stories from survivors
• Local infOrmation
• Safety tips
• Where to get help
• Information on hate crime laws

2009 Release Edition

ANTI-LGBTVIOLENCE IN 2008

The production ofthis report was coordinated by the

National Coalition ofAnti-Violence Programs
240 West 35th Street
Suite 200
New York, NY 10001
Telephone: 212-714-1184
www.ncavp.org

Written by
Avy A. Skolnik, Statewide & National Projects Coordinator, N ew York City Anti-Violence Project
Crystal Middlestadt, Colorado Anti-Violence Program
Edward Cervantes, Just Detention International
Jake Finney, LA. Gay & Lesbian Center
Jarad Ringer, New York City Anti-Violence Project
Joseph Barretto, New York City Anti-Violence Project
Julio Gonzalez, New York City Anti-Violence Project
Kelly Costello, Colorado Anti-Violence Program
Lindsey Moore, Kansas City Anti-Violence Project
Melissa L. Pope, Triangle Foundation
Michelle Kaufman, New York City Anti-Violence Project
Patricia Duffett, N ew York City Anti-Violence Project
Rebecca Waggoner Kloek, OutFront Minnesota, Anti-Violence Project
Tina D'Elia, Community United Against Violence
Victoria Cruz, New York City Anti-Violence Project
Additional Support Provided by
Michelle Kaufman, New York City Anti-Violence Project
Riki Ann Wilchins, Gender Public Advocacy Coalition
Steven K. Aurand, CEO Cap Index, Inc.

2009 RELEASE EDITION
Copyright © 2009 National Coalition ofAnti-Violence Programs
All Rights Reserved.
ithout prior permission from NCAVP.

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ANTI-LGBTVIOLENCE IN 2008

TABLE of CONTENTS
Part 1. Executive Summ~
Highlights of Findings
Victim and Survivor Information
Types of Incidents
Location of Incidents
Victim/Offender Rdationship
Law Enforcement Response
Offender Information
Limitations of Findings
Reporting regions with maps
Recommendations

.
.
.
.
.
.
.
.
.
.
.

Part 2. Personal Nar.ra.tives.....................................................

25

Stories from Survivors...................................................................
Bias-Motivated (Anti-LGBT) Murders..........................................
Murders ofLGBT People...
The Rape ofLGBT Prisoners: A hidden hate crime, by JDL.......

25
31
41
42

Part 3: Regional Data and Summaries...................................

48

Colorado.........................................................................................
Los Angeles. .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Michigan..........
Minnesota.. ....
NewYork.......................................................................................
San Francisco.................................................................................
Graphs from additional locations.
Data tables from participating organizations..................................

Part 4: Supplements
State-by-State Guide to Hate Crimes Legislation...........................
NCAVP Q and A on Hate Crime Legislation.................................
General and Online Safe Dating Tips.............................................
Acknowledgments...

48
50
51
54
56
59
61
65

73
74
85
87
92

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

1

INTRODUCTION
This report provides the most comprehensive data on anti-lesbian, gay, bisexual, and transgender (LGBT) violence
in the United States. This report provides recommendations for ways to advance education and prevention of hate
violence before it occurs and ways to hold public institutions more accountable to responding to violence when it
occurs. It is written by a coalition of 35 LGBT anti-violence programs in 25 states across the country. This report is
meant to draw attention to the incidents and trends it documents and to highlight the need for more comprehensive
responses to bias violence.
Three well documented anniversaries in 2009 frame the writing of this report on the 2008 data collected by the National Coalition of Anti Violence Programs (NCAVP): the 40th anniversary of the Stonewall Riots in New York City,
the 30th anniversary of the White Night Riots in San Francisco, and the 10th anniversary of the nation-wide protests
after the death of Matthew Shepard in Laramie, Wyoming. During these mass actions, protesters took to the streets,
angry, frustrated and determined, with hundreds of LGBT people and their allies, to achieve equality dignity, respect
and safety.
Over the last thirty years, LGBT people have created anti-violence organizations with the goal of ending violence in
all its forms against LGBT communities and ensuring that services are available and accessible to LGBT victims and
survivors of hate violence, domestic violence, sexual assault, police misconduct, and other forms of violence experienced by LGBT people. These organizations operate within a homophobic and transphobic social and political climate where violence continues unabated. The work of NCAVP is to challenge this pervasive hostility. Institutional
and interpersonal homophobic and transphobic violence, like all violence stemming from bias, occurs along a continuum of escalation. One end of the spectrum includes isolation of LGBT people and a denial of the violence
predicated on sexual orientation or gender identity and the other end includes more physically brutal violence and
murder. In between, LGBT people experience increasingly harmful acts of violence, including discrimination, vandalism, slurs, threats and physical and sexual violence. Many attackers are never investigated or arrested and when
they are, they often expect, and are too often granted, leniency in the criminal justice system which sanctions such
theories as gay and transgender panic defenses. As many marginalized and historically disenfranchised communities
can attest, systems of law enforcement and the courts perpetuate similar acts of violence through homophobic and
transphobic responses or indifference. LGBT anti-violence programs continue to address these disparities, but
there are too few programs and those programs that exist are too under-funded to fully address this work.
NCAVP focuses on addressing and eliminating violence in all its forms against LGBT individuals and communities
by supporting the work of local organizations through education campaigns, direct services, quantitative and qualitative data collection and public policy work. NCAVP is a national coalition of member programs that combine their
regional knowledge and strategies into one national voice reflecting the myriad tools and strategies that can be used
on a local level. This local approach is imperative to addressing violence because community-based responses can
be highly effective as they involve the local actors, networks, and cultures. This approach to addressing anti-LGBT
violence fosters national strategies informed by the rich diversity of the LGBT communities throughout the United
States and the ability to specifically meet the needs of local areas.

2

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

There are currently 35 NCAVP member organizations across the U.S. and Canada, many the sole LGBT antiviolence resource in their entire state. Survivors who access these services often note that they do so as an alternative to less aware and often more hostile mainstream systems. In areas without these organizations, victims and
survivors of violence and their families often go without adequate support, resources and options. Mainstream
services striving to increase competency to work with LGBT survivors rely on the expertise of the few LGBT
anti-violence programs that exist to provide that technical assistance. Without LGBT specific anti-violence programs, LGBT survivors are forced to live without support and the violence they experience goes undocumented
further perpetuating the isolation and denial of the violence.
Through collaborative work, NCAVP members have established a coalition that produces the most substantive
and relevant data on anti-LGBT violence and is the most strategically positioned group to put forth policy recommendations to address this violence. To end violence against our communities, many strategies have been effective: public, educational, political and cultural anti-violence messages; protective and responsive legislation; community-based responses and solutions; enhanced rehabilitation for offenders; increasing the efficacy of law enforcement and first responders; continued research and consistent statistical reporting; and coalition work among
allied groups and communities. NCAVP seeks to incorporate all of these strategies to address the needs of victims and survivors of violence and to eradicate homophobia and transphobia, as well as other forms of systemic
discrimination, at their root.

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

3

EXECUTIVE SUMMARY
Introduction
This is a report about bias-motivated incidents targeting lesbian, gay, bisexual, transgender, queer, and questioning (LGBT) individuals in the U.S. during the year 2008.
It is a product of the National Coalition of Anti-Violence Programs (NCAVP), a network of over 35 anti-violence organizations that monitor, respond to, and work to
end hate and domestic violence, HIV-related violence, pick-up crimes, rape, sexual
assault, and other forms of violence affecting LGBT communities. This year, we
have also included an extraordinarily important contribution by Just Detention International (JDI), which ensures government accountability for prisoner rape, transforms ill-informed public attitudes about sexual violence in detention and promotes
access to resources for those who have survived this form of abuse. NCAVP member organizations stand in solidarity with JDI in advocating for prisoners‘ rights.
Thirteen NCAVP members collected detailed information about anti-LGBT incidents occurring in their regions throughout 2008 which is reflected in the report.
This report is based upon the work of those thirteen member organizations, other
members of the coalition and several ally organizations. The regions participating in
this year's report are Chicago, IL; Colorado; Columbus, OH; Houston, TX; Kansas
City, MO; Los Angeles, CA; Michigan; Milwaukee, WI; Minnesota; New York, NY;
Pennsylvania; Rochester, NY; and San Francisco, CA. The reporting regions differ
slightly from the previous year. In 2007, Vermont and Boston-area programs contributed data but were unable to do so for the 2008 report. Rochester, NY is the only
new region contributing in 2008. The trends and charts that follow include all data
contributed by NCAVP members in 2008.
The total number of victims reporting anti-LGBT violence to NCAVP in 2008
was 2,424 which represent a 2% increase over the total number of victims reported in 2007 and a 26% increase over a two year period. Known anti-LGBT
murders rose 28% from 2007 to 2008 and are at the highest level since 1999.
Comparisons between 2007 and 2008 do not include data that was contributed in
2007 by the Vermont and Boston-area programs. Changes within categories are calculated based on absolute percentages to account for the 2% increase in overall reports.
There were six regions reporting increased numbers of victims in 2008 over 2007.
They include Milwaukee (+64%), Minnesota (+48%), Chicago (+42%), Los Angeles
(+9%), Colorado (+8%), Columbus (+2%). Six regions reported decreases in numbers of victims in 2008. They include Houston (-77%), Pennsylvania (-22%), New
York City (-12%), Kansas City (-14%), Michigan (-14%), and San Francisco (-7%).

NCAVP MEMBER
ORGANIZATIONS
Full listings in bold are
contributors to this year‘s report

ARIZONA
Wingspan AntiViolence Project
425 E. 7th Street
Tucson, AZ 85705
Phone: (520) 624-1779
Fax: (520) 624-0364
www.wingspan.org
ARKANSAS
Women's Project
2224 Main Street
Little Rock, AR 72206
Phone: (501) 372-5113
Fax: (501) 372-0009
www.womens-project.org
CALIFORNIA

Community United Against
Violence
170 A Capp Street
San Francisco, CA 94110-1210
Phone: (415) 777-5500
Fax: (415) 777-5565
www.cuav.org
L.A. Gay & Lesbian Center
1625 N. Schrader Blvd
Los Angeles, CA 90028
Phone (English):
(800) 373-2227
Phone (Spanish):
(877) 963-4666
www.lagaycenter.org
San Diego LGBT Community
Center
2313 El Cajon Blvd.
San Diego, CA 92104
Phone: (619) 260-6380
Fax: (619) 718-644
www.thecentersd.org

4

ANTI-LGBTVIOLENCE IN 2008

NCAVP MEMBER
ORGANIZATIONS
(continued)

COLORADO

Colorado Anti-Violence
Program
P.O. Box 181085
Denver, CO 80218
Phone: (303) 839-5204
Fax: (303) 839-5205
Website: www.coavp.org

The report is divided into six sections. Section I provides the national statistics on
hate motivated violence recorded by the National Coalition of Anti-Violence Project, giving an overview of the types, locations, and severity of violence as well as
demographic analyses. Section II provides the regional data and summaries, highlighting the work of the individual contributing member organizations and the
trends particular to their cities and regions. Section III offers personal narratives
from survivors and the documentation of anti-LGBT hate-motivated murders. Section IV contains the list of recommendations based upon NCAVP‘s analyses of the
issues and trends reflected in the data and in the overall work of the entire coalition.
The final section of the report covers NCAVP‘s discussion of hate crimes legislation
and offers strategies for safe dating both generally and online.

CONNECTICUT
Connecticut Womens' Education
and Legal Fund
135 Broad Street
Hartford, CT 06105
Phone: (860) 247-6090, x16
Fax: (860) 524-0804
Website: www.cwealf.org
GEORGIA
United 4 Safety
PO Box 29458
Atlanta, GA 30359
Helpline: (404) 200-5957
www.united4safety.com

Victims, Offenders, and Incidents 2007–2008

3

ILLINOIS

Center on Halsted
Anti-Violence Project
3656 N. Halsted
Chicago, IL 60614
Phone: (773) 472-6469
Fax: (773) 472-6643
www.centeronhalsted.org
MASSACHUSETTS
Fenway Community Health
Center,
Violence Recovery Program
7 Haviland Street
Boston, MA 02115
Phone: (617) 927-6250
Fax: (617) 536-7211
www.fenwayhealth.org

_2008

2

-2007

1

o

500

1000

1500

2000

2500

3000

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

5

Highlights of Findings
NCAVP identified the following key findings and trends.

•

2008, with 29 total murders, has the highest number of deaths since 1999, and
an increase of 28% from 2007.

•

Of the total injuries reported in 2008, 216 (46%) were classified as ―serious,‖
meaning that the injury required medical attention.

•

Reports of abusive treatment by law enforcement increased significantly between 2007 and 2008:
° Reports of physical abuse at the hands of law enforcement increased
150%, from 10 in 2007 to 25 in 2008.
° One hundred forty-three cases (73%) of reports received bias classification by law enforcement - an increase over the 35% in 2007.
° Fifty three cases (27%) were refused bias classification by law enforce
ment in 2008.

•

Reports of sexual assault rose 48% (from 94 to 138), continuing a three year
trend of marked increases in reports of hate-motivated sexual violence.

•

Bias violence from strangers climbed 36%.

•

Weapons use during the commission of a hate crime increased significantly; at
least 382 out of the total 1,677 incidents (23%) involved weapons use in 2008.
The biggest increases in weapons use occurred in the ―other‖ category (+34%)
and the ―bottles/bricks/rocks‖ category (+49%).

•

There was a significant increase in reports in the 15 - 18 year old category
(+118%).

•

Anti-transgender bias comprised 12% (206) of the total incidents reported in
2008.

•

Anti-HIV related violence comprised 5% (88) of the total incidents reported in
2008.

•

Out of the total 1,677 incidents, 472 (28%) were also reported to the police,
consistent with the percentage of reports made to police last year (29%).

•

Incidents occurring in or around private residences constituted the most frequent site of anti-LGBT bias (32%).

NCAVP MEMBER
ORGANIZATIONS
(continued)
The Network/La Red
P.O. Box 6011
Boston, MA 02114
Phone: (617) 695-0877
Fax: (617) 423-5651
www.thenetworklared.org
MICHIGAN

Triangle Foundation
19641 W. Seven Mile Rd
Detroit, MI 48219
Phone:(313) 537-7000
Fax: (313) 537-3379
www.tri.org
MINNESOTA

OutFront Minnesota
310 East 38th Street, Suite 204
Minneapolis, MN 55409
Phone: (800) 800-0350
Fax: (612) 822-8786
www.outfront.org
MISSOURI

Kansas City Anti-Violence Project
P.O. Box 411211
KC, MO 64141-1211
Phone: (816) 561-0550
www.kcavp.org
St. Louis Anti-Violence Project
PO Box 15067
St. Louis, MO 63110
Phone: (314) 503-2050
www.avap-stl.org
MONTREAL
Centre De Solidarite Lesbienne
4126, rue St-Denis, Bureau 301
Montréal, QC H2W 2M5
Canada
Phone: (514) 526-2452
Fax: (514) 526-3570
www.solidaritelesbienne.qc.ca

ANTI-LGBTVIOLENCE IN 2008

6

NCAVP MEMBER
ORGANIZATIONS
(continued)

NEW YORK

New York City Anti-Violence
Project
240 West 35th Street, Suite 200
New York, NY 10001
Phone: (212) 714-1184
Fax: (212) 714-2627
www.avp.org
In Our Own Voices, Inc.
245 Lark Street
Albany, NY 12210
Phone: (518) 432-4188
Fax:: (518) 432-4123
www.inourownvoices.org

Gay Alliance of the Genesee
Valley Anti-Violence Program
875 E. Main Street, Suite 500
Rochester, NY 14605
Phone: (585) 244-8640 x 17
Fax: (585) 244-8246
www.gayalliance.org
Long Island Gay and Lesbian
Youth
Anti-Violence Program
34 Park Avenue
Bayshore, NY 11706
Phone: (631) 665-2300
Fax: (631) 665-7874
www.ligaly.org

•

Workplace constituted the third most common site with (14%) and workplace
incidents decreased 12% from 2007.

•

Total number of offenders rose 5% over 2007, representing the most significant increase in terms of overall totals.

•

Long-term data indicate that while hate violence against lesbian, gay, bisexual
and transgender people has fallen 4.7% over the last ten years, overall crime in
country has declined 9.81%.

REPORT FINDINGS AND DISCUSSION
Victims and Survivors of Bias-Motivated Violence
Lesbians and gay men represent the majority of those reporting incidents to participating programs. They represent 79% of all victims for whom sexual orientation
was known. Bisexual-identified callers represented about 6% of reports. Those
questioning their sexual orientation represent 2%. Two percent of victims provided a self-identifying label such as queer.
Those identifying as heterosexual made up 9% of victims, up slightly from the 6%
who identified as such in 2007. Only a portion of these reports are from people of
transgender experience who identify as heterosexual. Perpetrators seldom differentiate between sexual orientation and gender identity in the bias-motivation for their
attacks.

Sexual Orientation of Victims & Survivors in 2008
(n = 2,435, chart represents 1,851 callers whose sexual orientation was known)

OHIO

Buckeye Region Anti-Violence
Organization
P.O. Box 82068
Columbus, OH 43202
Phone: (614) 294-7867
Fax: (614) 294-3980
www.bravo-ohio.org

Bisexual
109

6·/.
~o.

7

ANTI-LGBTVIOLENCE IN 2008

There was an absolute increase of female-identified victims (6% over 2007), constituting 29% of total victims. And there was an absolute decrease in reports from
male identified victims (-3%), who made up 56% of the total reports to NCAVP in
2008. Reports from transgender, gender self-identified and intersex people increased 12%.

The Lesbian & Gay Community
Service Center of Cleveland
6600 Detroit Avenue
Cleveland, Ohio 44102
Phone: (216) 651-5428
Fax: (216) 651-6439
www.lgbtcleveland.org

Gender Identity of Victims & Survivors in 2008
(n = 2,435, chart represents 2,260 callers whose gender identity was known)
SelfID

Transwomen
144
11'1,

16

NCAVP MEMBER
ORGANIZATIONS
(continued)

Organn ations
19
1·/,

Intersex
11
<1

0

'.

People of color comprised 52% of callers for whom such data was known in 2008.
Specifically, people of African descent made up 20% of victims, up 3% over the
previous year. Latina/o victims comprised 23%, up 2% from the previous year.
People of Arab/Middle Eastern descent made up about 3% of victims, as did those
identifying as multi-racial. Native American/Indigenous people made up 2% and
people of Asian descent comprised 1% of victims, down 2% from 2007. White
callers comprised 48% of the total for whom race was known. The chart does not
include the relatively large 26% of victims for whom race was unknown.
In addition to documenting race and ethnicity, NCAVP has been working on documenting country of origin and immigration status. Not enough member programs
are currently documenting immigration status for us to have a real sense of numbers of LGBT immigrants who are targeted. Some organizations avoid asking immigration status in order to avoid putting survivors at risk for deportation even
though survivor/victim information is confidential. Without comprehensive immigration reform, LGBT immigrant communities will continue to have less access to
services of all kinds and be less accurately represented when they do seek services
when they experience hate violence.

ONTARIO
The 519 Anti-Violence
Programme
519 Church Street
Toronto, Ontario
Canada M4Y 2C9
Phone: (416) 392-6878
Fax: (416) 392-0519
www.the519.org

PENNSYLVANIA
Equality Advocates
Pennsylvania
1211 Chestnut Street Suite 605
Philadelphia, PA 19107
Phone: (215) 731-1447
Fax: (215) 731-1544
www.equalitypa.org
TEXAS

Montrose Counseling Center
401 Branard Avenue, 2nd floor
Houston, TX 77006
Phone: (713) 529-0037
Fax: (713) 526-4367
www.montrosecounselingcent
er.org
Project Get the Word Out
501 North Kansas
Suite 203
El Paso, TX 79901
Phone: (915) 626-5292
www.freewebs.com/thewordout/

ANTI-LGBTVIOLENCE IN 2008

8

NCAVP MEMBER
ORGANIZATIONS
(continued)

Race/Ethnicity of Victims & Survivors for 2008
(n = 2,435, chart represents 1,813 callers whose race was known)

Resource Center of Dallas Family
Violence Program
PO Box 190869
Dallas, TX 75219
Phone: (214) 540-4455
Fax: (214) 522-4604
www.rcdallas.org

Middle Ensten Arnb

23
1'~

ncific Islander
50

3',

VERMONT
SafeSpace a Program of the RU 12?
Community Center
P.O. Box 5883
Burlington, VT 05402
Phone: (802) 863-0003
Fax: (802) 861-6487
www.ru12.org
VIRGINIA
Equality Virginia, Anti-Violence
Project
403 N. Robinson Street
Richmond, VA 23220
Phone: (804) 643-4816
www.equalityvirginia.org/avp
WISCONSIN

Milwaukee Lesbian, Gay, Bisexual and Transgender Community Center
315 West Court Street
Suite 101
Milwaukee, WI 53212
Phone: (414) 271-2656
Fax: (414) 271-2161
www.mkelgbt.org

There were increases in nearly every single age category from 2007 to 2008. Documenting the ages of people seeking services and safety planning around hate violence continues to be challenging, as it is often the demographic information least
likely to be disclosed on a hotline call. This year, 44% of all reporting victims‘ ages
were unknown, though this is an improvement over last year, with almost 400
fewer unknowns than in 2007. Alarmingly, a significant increase in reports came
from the 15– to 18-year-old category (+118%).

Age of Victims & Survivors in 2008
(n = 2,435, chart represents 1,469 callers whose age was known)

6O-69yrs

SO-5
128
90,'0

65

°rs_ _so,
-

ANTI-LGBTVIOLENCE IN 2008

9

Reports from person‘s age 19 - 29 year olds increased 57% (from 295 to 468), reports from 30 - 29 year olds rose 71% (190 to 326) and reports from 60 – 69 year
olds increased 261% (from 18 to 65). Smaller increases in reports occurred in the
14 and younger category (18 to 25, +17%); the 40 - 49 year old category (189 to
224, + 16%); and the 80 years and older category (from 1 to 4). Reports from 50
to 59 year olds stayed relatively the same and reports from 70 - 79 year olds fell
slightly from 8 in 2007 to 3 in 2008.

Types of Incidents

NCAVP MEMBER
ORGANIZATIONS
(continued)

WASHINGTON
The Northwest Network
PO Box 20398
Seattle, WA 98102
Phone: (206) 568-777
www.nwnetwork.org

One of the most frightening aspects of hate violence is that it feels very personal
and difficult to avoid. This means that LGBT people spend a significant amount
of their energy negotiating the world to maximize their safety, knowing that this
safety may at any time be compromised. Generally, hate violence against any marginalized community occurs along a spectrum of escalation. Therefore, verbal
attacks cannot be considered mere isolated and inconsequential incidents. Perpetrators of such violence often feel they have broad support for their actions. At
the very least, they often believe that they are attacking someone who is an easy
target because they are gay, because they are a person of color, because they are an
immigrant, a woman or a low-income person with little or no societal protection
or support. For instance, a perpetrator may target someone they perceive as belonging to a particular immigrant community because they believe that someone
from that community would not report such violence or that the police would not
respond to such a report of violence.

WASHINGTON DC
WEAVE Inc, Anti-Violence Project
111 16th Street NW
Suite 200
Washington, DC 20036
www.weaveincorp.org

Anti-LGBT Murders since 1997

National Leather Association International Domestic Violence
Project
P.O. Box 423
Blacklick, OH 43004-0423
www.nlaidvproject.us

(Total = 210)

35 . . , - - - - - - - - - - - - - - - - - - - - - - - - - 30

+-------=---:::-::--------------------:-""7

25

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20

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15

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10

+---------¥l-Q-------~~"'6__M_----

29

5+------------------------0+--,----.----.-----.-----.-----.-----.-----.------.------.------,------,
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

NATIONAL
For Ourselves: Reworking
Gender Expression, Survivor Project
PO Box 1272
Milwaukee, WI 53201
Phone: (414) 559-2123
www.forge-forward.org

10

ANTI-LGBTVIOLENCE IN 2008

Some perpetrators also regularly receive social affirmation for acting out biases such

CONTRIBUTING as when a politician calls a hate crime a hoax, when a faith leader condemns LGBT
NON-MEMBER
people as sinners in a public space, when political leaders stand in the way of civil
ORGANIZATIONS

rights progress or, on a more intimate level, when a friend laughs at a racist joke,
when a man is perceived as more masculine for mistreating a woman, when a straight
Asian Women‟s Shelter student moves up the social hierarchy at school by routinely harassing the gay stu3543 18th Street, Box 19 dent. The acceptance of these behaviors can provide a normalizing justification to
San Francisco, CA 94110 escalate violence against LGBT people.
Phone: (415) 751-7110
Fax: (415) 751-0806 Reports to NCAVP member programs run the gamut from acts of vandalism, verbal
www.sfaws.org abuse, threats, physical abuse, sexual abuse, and murder. Anti-LGBT motivated murders in 2008 (29) represent the highest ever in NCAVP‘s reporting history. In 1998,
Madre Tierra the year of Matthew Shepard‘s murder, NCAVP members documented a total of 26
1208 Ellis Avenue Office 2 anti-LGBT murders. Incidents peaked in 1999 at 29.
Fredericksburg, VA 22401
Phone: (202) 270-7326 Reports of sexual assault rose 48% (from 94 to 138), continuing a three year trend of
marked increases in reports of hate-motivated sexual violence. Stigma around sexualJust Detention International
ity, gender identity, and sexual assault is frequently utilized by perpetrators of hate
3325 Wilshire Blvd. #340
Los Angeles, CA 90010 violence to simultaneously harm and silence LGBT people.
Phone: (213) 384-1400
www.justdetention.org

Crimes and Offenses 2007 - 2008

Gender Public Advocacy
Coalition
1731 Connecticut Ave NW, 4th
Fl Washington, DC 20009
Phone: (202) 462-6610
www.gpac.org

600
500

j41
44

400
300

-Z007
-Z008

200

100

21 29 27 18 II 21

j. Ij 8 14 9 12

.12

Ijll

j 4

o

The chart above depicts all individual incidents reported by victims of anti-LGBT
violence to NCAVP members in 2008, minus the category ―harassment and intimidation.‖ There were 1,687 reports of acts of harassment and intimidation in 2008, down
5% from 2007. Overall anti-LGBT incidents stayed relatively the same (-1%) and use
of weapons during an assault also stayed relatively consistent (from 195 to 199). The
biggest increases in weapons use occurred in the ―other‖ category (+34%) and the
―bottles/bricks/rocks‖ category (+49%).

ANTI-LGBTVIOLENCE IN 2008

11

More investigation into the ―other‖ category is needed, as it represents the largest of any weapons category in this survey. The high rate rates of weapons use and injury is also demonstrated by FBI data, the only other national report on
this violence, which reports that from 2003 to 2007 murders, rapes and assaults – the most serious of all hate crimes –
accounted for 52.3% of all anti-LGB crimes reported by the FBI, as compared to 38.2% of all reported hate crimes.1
Of the total injuries reported in 2008, 216 (46%) were classified as ―serious,‖ meaning that the injury required medical
attention.
Crime against LGBT communities appears to be falling at a slower rate than overall crime in the United States. Seven
anti-violence programs have submitted data for the last 10 consecutive years and those programs show an overall 4.7%
decrease in incidents (1,375 incidents in 1999 vs. 1,311 in 2008). Overall crime in the nation during the last 10 years for
which FBI data is available (1998-2007), however, has fallen at more than twice that rate, 9.8. In other words, hate violence remains a much more intractable problem than other forms of crime. 2 FBI statistics paint an even grimmer picture. For the last ten years for which data are available (1998-2007), total hate crime incidents reported by the FBI fell
only 1.7% (from 7,755 in 1998 to 7,624 in 2007), and anti-LGB incidents fell even less: -0.4%. 3

Weapon Use 2007 - 2008
120

100

80
60

40

20

o

______________________________________________
1

U.S. Department of Justice, Federal Bureau of Investigation, Hate Crimes Statistics (2003-2007) (See Table 4 for each year). NCAVP‘s
data is more inclusive and representative of the experiences of LGBT victims and survivors of violence but corresponds with the FBI‘s
more limited data. The FBI only measures ―crimes‖ and does not include data about crimes against transgender people.
2 United

States Crime Rates 1960 – 2007, http://www.disastercenter.com/crime/uscrime.htm.

ANTI-LGBTVIOLENCE IN 2008

12

Location of Incidents
Though overall reports of incidents in and around private residences fell slightly, nearly one third of all incidents
where location was known took place in or near a private residence, a slight absolute increase over the previous
year when such locations constituted about 30% of all sites. Street/public areas are still the second most common site with 20% of incidents perpetrated publicly, an absolute increase of 3% over the prior year.
Workplace is the third most common site for hate violence (14%), though reports of workplace incidents fell
12%. Public accommodation (10% of total known sites) primarily represents targeting of transgender and gender
non-conforming people in restrooms, locker rooms, shelters, jails, and other gendered spaces. Incidents at areas
of public accommodation increased 20% this year (from 112 to 134) and incidents on public transportation increased 46% (37 to 54).

Sites of Anti-LGBT Incidents in 2008
(n = 1,557, chart depicts the 1,334 cases where site was known)

Cruising area

LGBT eventJrally/
org.
21

29
2%

2%

Police
precintJj ail/cal'
31
2%

Public aCCOllun.
134
10%

Victim/Offender Relationship
Bias violence from strangers represented the largest increase in reports to NCAVP in 2008 increasing 36% over
2007, representing nearly half of all incidents. In 2007, strangers made up 37% of total offenders. In 5% of the
incidents (269), the offender/victim relationship was not reported. Landlords and neighbors (recorded as one
category) represented the second largest group of offenders in this year‘s report. As reflected in the numbers,
anecdotally we know the harassment from neighbors is a very commonplace experience for LGBT people.
Bias attacks and harassment occurring in and around one‘s home are particularly unsettling as the offender(s)
know where the victim lives, and may live in the same building, increasing their access to the victims. Additionally, victims have a hard time finding safety when moving is presented as the only option (and a very unsettling
one at that). Lease agreements are often not very easily broken, especially if landlords are unsympathetic to issues
of bias.

13

ANTI-LGBTVIOLENCE IN 2008

Relationship of Victims to Offenders in 2008
(n = 2,564, chart depicts the 2,329 cases where relationship was known)
Acqualllt3nCf!'J

Frielul

119
5%

LaIullonll
Neighbor
240
10%

Family

84
4%

Law Enforcement Response
Police were known to have been called in 472 (28%) of the total cases reported to NCAVP in 2008. In
712 (43%) cases, the victim(s) did not report to police. And 47 (3%) of victims were weighing the possibility of reporting to police at the time they called an organization for help. Additionally, there were 59
(13%) cases where the victim attempted to report and the report was refused by the police. This
means there were about 446 (27%) cases where we are not certain if the survivor reported to the police.
Arrests of offenders were made in 100 of cases reported to police (19%).
Reports of abusive treatment by law enforcement increased from 2007 to 2008. Law enforcement made
up an overall 196 of the primary offenders, an increase of 11% in 2008. Reports of physical abuse went
from 10-25 (150%). Reports of verbal abuse, including use of slurs, increased from 34 to 51 (50%). Thirty
-two incidents took place in police custody - a precinct, jail, or car. In 38 cases (a 43% decrease from
2007), the individual identifying as the victim was arrested. Overall, reports of abusive treatment by law
enforcement increased 58% during a year when overall reports to police rose only 12%. Reports of courteous treatment increased 12% and reports of indifferent treatment decreased 4% in 2008.
There were fluctuations in information relative to the disposition of reports made to law enforcement.
One hundred forty-three cases (73%) of reports received bias classification by law enforcement - an increase over the 35% in 2007. Fifty three cases (27%) were refused bias classification in 2008.

14

ANTI-LGBTVIOLENCE IN 2008

Offenders
There was only a slight increase (5%) in offenders in 2008. Missing offender data from Los Angeles in both 2007 and
2008 gives an incomplete picture of total number of offenders. Los Angeles reported over 500 victims in 2008, which
would likely bring the total number of offenders closer to 3,000.
A significant change that occurred in offender demographics this year was that 100 more reports of female offenders in
2008, resulting in a 29% increase over 2007. Male offenders made up 75% of the total where gender was known, about
the same as the previous year.

Gender Identity of Offenders
in 2008
(n = 2,583, chart depicts the 1,969 offenders
where gender identity was known)

50-59
46

5'/.

TS

6O-69yrs >-0 °rs
28
1

3.,

<I".

Age of Offenders in 2008
(n = 2,583, chart depicts the 950 offenders
where age was known)

ANTI-LGBTVIOLENCE IN 2008

15

Every year, there is a substantial number of unknowns in the offender demographics, in part because cases of bias
involving vandalism, mail/literature harassment, and other offenses where acts of bias are committed anonymously.
Additionally, many victims of bias violence choose not to report information on offender demographics, either because they do not know, or because it simply is not the focus of the conversation when an individual is calling in crisis.
Law enforcement made up the third largest category of anti-LGBT bias offenders, accounting for 9% of all incidents
in 2008, a slight decrease (-4%) from 2007. Some, cases involving law enforcement as offenders happened when an
LGBT person has called the police after experiencing a hate incident involving a different perpetrator. Employers
and co-workers made up the fourth largest category of offenders, though reports of these types of offenders fell
25%.

Race/Ethnicity of
Offenders in 2008

Multi-1'3ci31
14
1°/.

(n = 2,583, chart depicts the 983 offenders where age was known)

Middle

E3sten
Ar3b
13
1 0 /.

:-_--Asi3ll!P3Cific
Isl3nder
11
1· •

LIMITATIONS OF THE REPORT
Self-Selected Sample
The information contained in this report comes from people who experienced violence and who
called or visited NCAVP member organizations for information, support, and/or services. There are a variety of
factors that will impact the number of people that report to an organization. Factors such as outreach campaigns,
changes in demographics within an area, and visibility of the local AVP can have an impact on reporting. When a
particular region charts increases or decreases in reports, it may be unclear whether those numbers represent an actual change in incidents of hate violence occurring in that community or a change in reporting patterns. Much reporting is done through hotlines or other phone contact which may also decrease the information callers are willing
to disclose over the telephone.

16

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

local or regional availability of the service, a victim‘s knowledge of the existence of these organizations and the desire
to access their services (rather than report solely for statistical purposes). For this reason, NCAVP members engage in
various kinds of education and outreach, designed to increase visibility of programs and awareness of services, which
can strongly influence the number of reports they receive. Because anti-LGBT violence has historically been poorly
addressed by law enforcement (and because law enforcement officials remain one of the prime categories of offenders
documented by NCAVP each year), it is very often underreported to police even in jurisdictions where relationships
between law enforcement and the LGBT population have improved.

Categories of “Unknowns”
Much of the information in this report is gathered through calls to member organizations‘ hotlines for LGBT victims
of violence. The primary purpose of a hotline call is to meet the caller‘s needs for self determination and safety. On a
hotline call it is not always possible to record all data about the victim(s), the offender(s) or the incident(s) while ensuring victim safety. As well, many survivors prefer to remain anonymous and many prefer not to disclose any information beyond the recent incident they experienced. As a result, there is consistently a significant number of
―unknowns‖ with regards to some specific demographic in annual NCAVP reports.

Geographical Gaps
As the map below depicts, there are large areas of the country without an NCAVP member organization. Consequently, there are gaps in geographical areas and incidents occurring in those regions are missing from this report. Of
the 35 programs, only 13 had the necessary staff, technology and funding to appropriately collect data that is contributed to this report for this year. Nonetheless, even with limited reporting the numbers reported in this, and past, annual Hate Violence Report consistently exceed those of national FBI statistics and those of local law enforcement.

17

ANTI-LGBTVIOLENCE IN 2008

REGIONS REPRESENTED

Houston

e

= 100 victims

Figure 1. Number of victims of anti-LGBT violence reported in 2008
nCSIlllO<Q

ANTI-LGBTVIOLENCE IN 2008

18

Michigan
Chicago

Rochester
NYC

San Francisco

LA

•
= 1 murder

Figure 2. Number of anti-LGBT murders reported in 2008
nCSIlllO<Q

19

ANTI-LGBTVIOLENCE IN 2008

•

=15% increase from 2007
Figure 3. Percent increase in number of victims of anti-LGBT violence reported in 2008

.~
---'-

nee"" oro

ANTI-LGBTVIOLENCE IN 2008

20

•
= States wI reporting NCAVP members

•

= States wI non-reporting NCAVP members~
'NC A'v? also has mem bers in Toronto and Montreal, Canada

Figure 4. State-by-state distribution of NCAVP members and the 2008 Hate Violence Report

.~y~

- - -ncavp.org
--

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

21

RECOMMENDATIONS
As a result of the above data, the data in past annual Hate Violence Reports and the work of the 35 NCAVP
member organizations, NCAVP makes the following recommendations.

Recommendation 1:
Create a Climate of Respect that Shuns Violence
Foster Public Awareness
Foster public, educational, political and cultural messages at local, state and federal levels that make clear acts
of hate violence and bias have no part in our communities. Political leaders of every party should speak out
forcefully against anti- LGBT discrimination and violence and support genuine efforts to end them. Businesses should establish and enforce appropriate anti-discrimination standards for the workplace that are inclusive of sexual orientation and gender identity; religious leaders should make clear that no major religious
tradition holds violence as an acceptable tenet. The media should explain and report anti-LGBT violence in
its proper context, i.e., without placing blame on a victim‘s gender presentation, family status or occupation.
Support School Based LGBT Initiatives and LGBT Inclusive Curricula
Hate violence prevention begins in the playground and school yard. School districts should adopt violence
prevention education curricula for youth, as well as develop protocols for protecting students who identify
themselves as, or are perceived to be, LGBT. State and local legislatures should endorse such programs and
allocate funds for their support.

Recommendation 2:
Add Protected Communities to Anti-Violence Legislation and Expand Legislation Aimed at
Ending Violence
Pass new legislation at the federal and state levels expanding protected categories by adding sexual orientation and gender identity and expression to existing statutes. Ideal federal legislation would both authorize the
U.S. Attorney General to investigate and prosecute bias motivated crimes, particularly those cases in which it
is determined that local law enforcement does not have the adequate resources, mandate, or willingness to
do so. A primary piece of any federal hate crimes legislation should provide additional resources for enhanced law enforcement agencies, criminal justice personnel and community education, training and assistance programs actively addressing hate crimes. Such resources should be the primary goal of hate crimes
legislation rather than the emphasis on the element of penalty enhancements.
Further address violence motivated by homophobia and transphobia at the state level through legislation
designed to heighten public awareness. This includes mandating safe schools and requiring state-sponsored
anti-violence campaigns to specifically include sexual orientation and gender identity.

Recommendation 3:
Increase Local, State and Federal Funding to Anti-Violence Work
Support Community-Based Anti-Violence Solutions and Strategies
Make additional local, state and federal funding resources available to support the development of commu-

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

22

nity-based initiatives, responses and solutions to anti-LGBT violence, as well as hate-motivated violence
targeting other marginalized communities. These resources should be provided to local organizations that
work specifically on anti-violence initiatives such as anti-LGBT violence, racist violence, anti-immigrant
violence and other identity-based violence. These organizations have developed competence and expertise in addressing violence that is premised on identity to leverage this expertise and provide training for
other, less knowledgeable anti-violence programs. This funding will mitigate and prevent acts of violence
against LGBT individuals, improve the lives of those who are victimized by them and build cooperative
relationships between LGBT communities and a wider range of partners in both the public and private
service sectors.

Include Lesbian, Gay, Bisexual and Transgender People in All Local, State and Federal Anti-Violence
Funding Streams
Anti-violence work must be supported by local, state and federal governments. Local anti-violence programs that do exist do not receive adequate support to provide necessary services to address direct service needs or to do the necessary organizing and prevention work to end violence. Many states and localities have no anti-violence program at all. All local, state and federal entities that provide funding for
anti-violence work should explicitly include work with lesbians, gay men, bisexual people and transgender
people in funding priorities. Such agencies include local and national Health and Human Services and the
Center for Disease Control in funding preventative and health-focused initiatives and the Department of
Justice Office of Victims of Crime when funding crime victim service provision.

Recommendation 4:
Provide Rehabilitation & Alternatives to Incarceration
Provide enhanced rehabilitation, education, and intervention for offenders to reduce recidivism and interrupt escalating cycles of abuse in instead of advocating for hate crimes laws that provide only increased
penalties. As organizations dedicated to eliminating anti-LGBT violence, NCAVP recognizes that increased penalties are part of legislative and criminal justice strategies to combat hate violence and believes that penalty enhancement cannot be the primary or sole method of addressing such violence.
NCAVP recommends that rather than viewing hate violence as a criminal justice problem with social implications, hate violence must be viewed as a social and public health issue with criminal justice implications. This highlights the need for prevention, education and rehabilitation programs.

Recommendation 5:
Increase the Efficacy of Law Enforcement
Increase Police Training for LGBT-Specific Violence; Create a No Tolerance Policy for Police Violence Against the LGBT Communities
Establish and promote anti-bias units or hate crimes task forces in every major metropolitan and state
police force. Require law enforcement training and resources that specifically address anti-LGBT violence through training academies and regular trainings over the law enforcement career and institute effective use of evaluations of the implementation of training suggestions. Require, through law enforcement policy or local legislation, rigorous investigation and prosecution of acts of harassment, intimidation
and abuse committed by police officers against LGBT individuals. Mandate monitoring of bias motivated police misconduct and immediate and effective response and reprisal when police misconduct is
identified.

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

23

Reform Sexual Assault Laws to End Silence and Stigma Around LGBT Sexual Assault
Reform sexual assault laws so that the legacy of sodomy laws does not continue to impact societal distinctions between sexual assault in heterosexual situations and same-sex situations, such as rape being defined
as the penetration of a vagina by a penis. Provide resources for local LGBT anti-violence programs to develop adequately resourced sexual assault programs. Provide resources to train rape crisis centers to recognize the use of sexual assault in acts of hate violence against LGBT victims.
Disallow the Gay and Trans Panic Defenses
Disqualify the so-called ―gay panic defense‖ and the ―trans panic defense‖ put forth by attackers to attempt
to explain their violence as a response to learning the victim was gay or transgender, as legal resorts for
those accused of committing hate-motivated acts against LGBT people. In the alternative, the burden of
proof in such cases should be shifted onto defendants - similar to that required in many temporary insanity
cases.
Support Cooperative Projects Between Community Anti Violence Programs and Civil Courts
Fund research on and pilot programs for cooperative work between the civil court systems and LGBT antiviolence programs to do work with youthful offenders. Youth are reflected in statistics on anti-LGBT hate
violence as both a growing target and as the largest age category of offenders. Youthful offender programs
that are funded to educate these youth through highly monitored community service will reduce the likelihood of the youth re-offending.

Recommendation 6:
Fund Research and Mandate Statistical Reporting of LGBT hate violence
Fund comprehensive research involving surveys of LGBT people and their experiences of anti-LGBT violence throughout the United States. An accurate picture of the violence that LGBT people face can help
put an end to the victim-blaming, minimizing, and denial of the violence and good documentation will provide a solid basis for effective prevention and intervention practice. Research should include qualitative and
quantitative approaches to the prevalence of violence, origins, and impacts on physical, financial and social
wellbeing and analysis of data from community organizations that investigate and address bias violence.
Mandate and provide resources for participation in gathering and reporting data by every political jurisdiction, down to the county level, to measure violence based on sexual orientation and gender identity. The
information gathered by such violence will provide an indication of the types of violence that occurs most
frequently and in which geographic regions. It will also provide a better indication of what services may
already exist in an area that we can partner with or provide technical assistance to and from whom we can
receive technical assistance and information. The data will also help NCAVP members to focus our collective resources on helping the local residents of an underserved region until we are able to either establish a
member program or help an already existing program in the area to increase its services and/or prevention
work. Further, such data will enable NCAVP to concentrate our efforts on creating local AVPs in areas that
show the highest prevalence of violence against LGBT communities and individuals. Additionally, it will
help NCAVP to improve the types of technical assistance and trainings that we offer, particularly in areas
that have no or little support to address anti-LGBT violence.

24

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

Conclusion
The need for education and prevention measures has never been clearer.
Over a two year period NCAVP witnessed a 26% increase in reported incidents. And while the national
average showed a slight increase in one year (2%) this by no means represents a plateau or lessening of
hate violence. Several locations continue to see increases in hate violence. Minnesota, Michigan and
Milwaukee, WI reported close to or over 50% increases in reported hate violence over an already escalating numbers in 2007. Others, including New York City, San Francisco, and Los Angeles, which represent
some of the larger anti-violence programs, saw a decrease in reported incidents. The severity of hate
crimes increased alarmingly, with a continuing escalation of murders and weapons use. Transgender people were the target of extreme acts of violence and police abuse has increased dramatically. The need for
education and prevention measures has never been clearer.
Over the past decade and certainly in the past several years, LGBT visibility has increased. Nationally
there have been several high profile legislative battles regarding civil rights, such as federal hate crimes laws
(the Mathew Sheppard Act), an inclusive Employment Non-discrimination Act (ENDA) and consideration of repeal of the Don‘t Ask Don‘t Tell policy - all at the federal level. There are vigorous debates in the
courts, legislatures, media and the public square about same-sex marriage, evidenced by Proposition 8 in
California, and arguments in the courts and legislatures in at least 10 states including California, Connecticut , Iowa, Massachusetts, Maine, New Hampshire, New York , New Jersey, Rhode Island, and Vermont.
Municipalities across the country have been giving consideration to anti-bullying laws, non discrimination
laws and extending civil rights on the local level. There have been ever increasing public dialogue about
the civil rights of LGBT people, immigrants, poor people and other marginalized citizens.
When visibility increases, LGBT communities are more able to publically call for equality, respect and dignity. As these arguments become a part of the public dialogue, those who would promote hate violence
based on sexual orientation or gender identity are given a more visible platform upon which to do so as
well. LGBT people must continue to seek civil rights and must be able to do so safely. Only a dedicated
and consistent message of education and prevention can create a true counter balance to the hostile voices
of opposition leaders - elected officials, clergy, and other community leaders who, through anti-LGBT
rhetoric, condone and encourage hate violence.
Public awareness, education, documentation, and prevention efforts to end bias motivated violence against
all historically marginalized communities are necessary to prevent more harm to LGBT people. Elected
officials and community leaders must show their commitment to ending violence against LGBT people
with resources, support and a willingness to speak out against this violence. LGBT communities have
made great strides in LGBT civil rights since the Stonewall Rebellion, the White Night Riots and Matthew
Shepard‘s death. But as this and past NCAVP Hate Violence Reports demonstrate, the world continues to
be a dangerous place for lesbian, gay, bisexual, transgender and queer people. NCAVP presents this information as a call to action to end violence against LGBT communities and to see this work as integral to
the struggle for civil rights and human rights for our communities.

25

ANTI-LGBTVIOLENCE IN 2008

Stories from Survivors of Hate Violence in 2008
CALIFORNIA
Tom, 13, an African American gay youth
experienced getting harassed at school and at home from a fellow-student who threatened to hurt him.
He reported the incident to his school and is out to most students and teachers there. Tom has experienced homophobia from his mother who has used religion to alienate her son. He is getting care from
other positive adult figures in his life.
Lucha, 35, a Latina lesbian
was attacked by two roommates who punched her in the face and ribs and yelled anti-butch and antigender-variant slurs at her. Lucha defended herself while another roommate watched and did not intervene. Lucha received help from a neighbor who brought her to the emergency room. The case is no
longer being investigated and was not tracked as a bias-based attack.

Alex, 50, a Native American Indian gay man
was threatened with anti-gay threats and anti-HIV death threats in the form of a vandalism memorial of
Alex. Alex‘s case was tracked as a hate crime by the police; however, the District Attorney is not prosecuting his case as a hate crime. Alex would like the defendant‘s anger management and anti-gay bias to
be addressed in counseling.
Sam Richards, 32, a white gay man
was taking a walk, going to a gay bar in a well-known gay neighborhood. He started to walk home when
he was approached near a park. A stranger approached Sam and asked him questions then threatened
to rob him, then attempted to sexually assault him. Sam pled with the attacker to stop and the attacker
did stop attacking him. Sam fled for his home. A similar attack was reported in the same area a week
later. Sam received support from a neighbor, CUAV, and community members.
Judy and Claire, a white lesbian couple
experienced homophobia and transphobia when they stayed at each other‘s apartments. Claire, is a
MTF with disabilities, and Judy, who identifies as butch would experience homophobic comments and
harassment from the building management. Judy had also been called anti-lesbian slurs and was threatened with arrest on two occasions for visiting her Claire. CUAV arranged emergency housing for the
couple because the threats had escalated and they were in fear for their lives.

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

26

Richmond Rape of a Lesbian Woman
A 28-year-old out lesbian in Richmond, CA was attacked outside her residence by four males on December 13, 2008. The four males allegedly kidnapped and drove the survivor seven blocks from the
location. They attacked her then gang raped the survivor, and said anti-lesbian epithets while they
were perpetrating violence against her. The survivor, who lived in the neighborhood with her partner
and child, also has a rainbow sticker on her license plate. The case is being investigated as a hate
crime. Many communities in the Bay Area showed solidarity and support for the survivor and her
family by holding peace rallies/vigils, fundraisers, and neighborhood door-to-door flyering regarding
this case. Through the neighborhood flyering and media attention on this case, the suspects were
brought forward. Two of the males were brought into to the police department by their families.
January 6, 2009, Humberto Hernandez Salvador, 31, and Josue Gonzalez, 21, were charged with kidnapping, carjacking, and several counts of forcible oral copulation, forcible rape, and sodomy. Salvador
faces additional charges of forcible sexual penetration and a hate crime. Salvador was also charged
with being armed with a gun. Bail was set at $2.2 million for Salvador and $1.9 million for Gonzalez
and both men are being held at Contra Costa County jail. The suspects face the possibility of life in
prison if convicted.
Darrell Hodges, 16, is being charged as an adult with similar offenses against the victim. A 15-year old
Richmond boy, who allegedly participated in the assault and whose name hasn‘t been released by authorities, and Hodges are awaiting arraignment. The prosecutor is asking the court to prosecute the
boys as adults. The youth are being held at a juvenile detention center.
“No on 8” Backlash
―No on 8‖ backlash - CUAV tracked and received a high number of hate violence incidents of ―antigay marriage‖ backlash. Extremely well-funded anti-gay legislation, combined with ―Yes on 8‖ rallies
and groups of people harassing LGBTQIQ communities leading up to election day and anti-gay hate
violence harassment at the voting polls on November 4th increased CUAV‘s hate violence numbers
tremendously. Incidents reported to CUAV ranged from LGBT folks and Heterosexual allies experienced being almost hit with cars by ―Yes on 8‖ protestors, spit upon, yelled at with anti-gay epithets,
death threats, bitten, struck several times with ―Yes on 8‖ signs. Community United Against Violence
(CUAV) worked collaboratively in an event for LBGTQQ/Same-Gender-Loving/Two Spirit people
of color and their allies who were on the front-lines of the struggle against Prop 8, and also for those
who feel marginalized by the white-washed marriage equality movement. Sessions focusing on mindbody-spirit healing of the individual and collective trauma and distress were offered. All of these creative partnerships and cross-community conversations were intended to help heal the pain that Prop 8
has inflicted on our diverse queer communities.

27

ANTI-LGBTVIOLENCE IN 2008

COLORADO
Sean, a white gay male teenager (suburban)
I‘m a senior in high school and have been discriminated against by my principal because I want to wear
more feminine clothes to school. I‘m a gay man but feel more comfortable in women‘s clothes. These are
the clothes I‘ve been wearing at home for years and my mom supports me. My principal told me that I
would be suspended if I wore women‘s clothes again. During Pride week at school, other guys came in wearing women‘s clothes and they didn‘t get into trouble. When I asked the principal, I was told it was because
they didn‘t know the policy. At school, I‘m called ―faggot‖ on a regular basis and I used to report it, but I
stopped when I realized that no one was doing anything. CAVP helped set up meetings with the superintendant and the school board. They also are working on helping us look into possible legal options. The school
has agreed to get training on gender identity issues.
Meredith and Susan, lesbian mothers of six children in a rural area
We‘ve been dealing with hate violence for quite a while. Mostly, it‘s coming from harassment and intimidation by the local police department. We‘ve both been charged, unreasonably, with domestic violence and
police come by our house, shining lights in our windows. We‘ve also been evicted multiple times because of
our sexual orientation. We had been working with CAVP to create a plan to move to a new area where we
would be out of the jurisdiction of the local police but still in the same school district for our kids. During
this time, we came home one day to find rags on fire in the kitchen. We have the kind of stove where you
have to light the burner with a match, so we know this was not an accident. We put out the fires and left
home for about ten minutes to clear our heads and figure out what to do next. When we got back, the entire
house was in flames. The police and fire department refused to investigate the fire, saying it was an electrical
fire. With the some financial assistance, we were able to move and things have been calming down a little bit.

MICHIGAN
Family with two moms, urban
In January of 2008, a family suffered the pain of discrimination. An eight-year-old girl was told she was not
welcome in her friend‘s home because her parents are lesbians. As news spread that this young girl had two
moms, the parents were not allowed to coach an athletic sport team with them being told it was because they
weren‘t members of the church. The couple tried to appeal the decision only to be met by bible verses condemning their sexual orientation.
14 year old female high school student, rural
On June 10, 2008, as students throughout the country were looking forward to the beginning of their summer break, a fourteen-year-old girl was viciously attacked in the halls of Wayland Union High School by two
classmates, Crystal VanderLaan and Syndee Longhurst. The assailants told police that they attacked the victim because she was a ―gay advocate‖. The beating was videotaped and posted to the Internet, adding to the

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

28

humiliation of the attack. The Wayland Union Police Department was vigilant in their investigation, identifying the attack as anti-gay early on and demonstrating compassion publically for the victim. The assailants
were charged in juvenile court. The Police requested prosecution of the girl who videotaped the attack, but
charges were never issued. One assailant was expelled from the high school while the other moved out of
the district. In an overwhelming show of support for the victim and the protection of all children from bullying, members of the Wayland Union community, including parents, educators, clergy and others, initiated a
grassroots effort to address violence in the community. Triangle Foundation was honored to provide support to these courageous individuals as they began the process of challenging discrimination and prejudice in
their community.
Lesbian couple, suburban
Instead of compassionate medical treatment, a Grand Rapids lesbian couple received a "lifestyle" lecture
from a Spectrum Hospital physician in March of 2008. When the couple, who had been married in
Canada, went to Spectrum Health for treatment of one partner's lingering cold, the physician responded by
asking the couple's opinion on ―their‖ recent California Supreme Court marriage decision. He then told the
couple that he was a Christian and there was no way that what they had could be called a marriage. In meetings both with Triangle Foundation as well as with the City of Grand Rapids Community Relations Commission, Spectrum Health reiterated its commitment to serving the needs of all families in the diverse Grand
Rapids community and to specifically serving the needs of lesbian, gay bisexual, and transgender communities. Spectrum Health issued an apology to the couple and an assurance that the behavior of the offending
doctor had ―been addressed and that appropriate actions have been taken.‖ A hospital spokesperson issued a
statement to the press calling the incident a ―teachable moment‖ for Spectrum Health.
Vandalism
While Michigan saw a decrease in the number of anti-LGBT vandalism incidents from 21 in 2008 to 14 in
2008, the incidents that did occur were more publicly visible and more extreme in nature. For example, a
lesbian couple left their home to start their day, finding their cars covered in salsa and sour cream. Their
horror turned from anger to anguish as they saw ―gay f----― written in lipstick on their car window. In another incident, a neighborhood in the state capital of Lansing known to be open to the LGBT community
was vandalized with hate-filled messages like ―Kill Gays‖ spray-painted throughout the neighborhood. The
victims of this crime were not just members of the LGBT community, but also the businesses with owners,
both LGBT and allies, who lost income because customers were afraid to enter their dangerous neighborhood. The Lansing community led a clean-up of the damage, telling the offenders that hate was not a
neighborhood value, but the business owners are still suffering from the stigma of this bias crime and many
residents are still fearful.
Gay, male high school student, rural
A young gay man suffered constant, ongoing persecution at a Christian high school in west Michigan. The
abuse he endured included everything from being called anti-gay slurs to being beaten with a ruler in the
hallways to a dead cat and an obscene note being left on his car. Triangle Foundation and the American
Civil Liberties Union provided support to the young man and his mother, while challenging the school to
implement harassment policies that better protect students.

29

ANTI-LGBTVIOLENCE IN 2008

MISSOURI
Michelle, 21, a white transgender woman who identifies as straight
I was walking home from spending an evening with some friends when I was jumped by a group of men
who began punching and kicking me and calling me names. I ended up making it home somehow and the
next day I called KCAVP. I thought when I called they would pressure me to contact the police about what
happened. The advocate instead listened to me and supported me in what I wanted to do. She provided me
with referrals to a doctor where I could be checked out and she helped me to make a safety plan so I can
feel a little bit safer in my neighborhood. It is good to know there is somewhere people in our community
can turn to for help.
Michael, 18, a white male who identifies as gay
During the summer I went to a birthday party of a friend of mine from work. Pretty much everyone there
knew I was gay and were cool with it. Later in the night I was standing on the deck with some girls from
work when this guy came up behind me, called me a ―faggot,‖ and punched me in the back of the head.
When I turned around he punched me in the face, breaking my nose and two teeth. My friends called the
police and helped me out of the apartment. The police arrived quickly and arrested him. A few days later
my friends gave me the number to KCAVP. I called and then met with an advocate who later attended all
of my court dates with me and went with me to talk to the prosecutor. She also helped me apply for Crime
Victim‘s Compensation to pay for my medical bills. I didn‘t really realize how long prosecution takes but
my advocate has helped explain things to me and has been there through the whole court process.

NEW YORK CITY
Joe, 40, urban, heterosexual
My name is Joe Thomas. I‘m from Brooklyn. I‘m not gay but I know what gay-bashing is from my own
experience. I was riding the subway from my home to work one night at about 10 PM and 2 young guys
boarded the train. They looked around and started saying loudly, ―There are faggots on this train and we hit
faggots.‖ One of them came over to where I was sitting, and got in my face and called me a faggot. I stood
up, and he punched me in the jaw. The two men ran off at the next stop, and I ended up with a swollen
face and bruises. I reported it to the police, but the two men were never caught. I called AVP because,
even though I am not gay, I figured they should know that this happened. My brother-in-law is gay and he
told me about AVP. I was upset that the police couldn‘t do much, but my counselor-advocate at AVP
helped answer my questions and explain the law enforcement process.

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

30

Kasey, 40, Dominican, AG
I am a native New Yorker, Dominican, and 40 years old. As an aggressive lesbian I get comments from
people every day. Stuff like, ―You think you‘re a man?‖ and ―Lesbo‖ and much worse. About 10 years
ago, my girlfriend and I were attacked by a group of men yelling anti-lesbian slurs. Then, last year, another incident: Two guys who were a little drunk began verbally harassing me, calling me anti-gay words
in Spanish. One of them tried to touch me on the hip; he then punched me in the face and broke my
glasses. I called the police, but they didn‘t help. AVP had been there for me 10 years ago, so I called
them. My counselor-advocate helped me file a police report after the fact, assisted me in filing the CVB
application, and has provided me support and hope when I felt like no one else wanted to hear that I
had been gay-bashed again.
Brandon, 21, Latino, gay
I was on my way to a popular club party and stopped to ask a group of guys where the club was located.
One of them asked me if the club was a gay club, and another called me a ―faggot,‖ as well as the club
and the people who go there. I realized how unsafe this was and turned to walk away, when one of
them ran up behind me and punched me in the side of my head. I remember falling. I remember the
rest of the group punching and kicking me while I lay on the ground. When the violence finally
stopped, someone had loaned me a cell phone so that I could the police. While on the phone, one of
them came back after he noticed me on the phone and came after me again. When the police arrived, I
was only able to identify two of the men, who were arrested. I suffered bruises on my face and ribs, a
sprained ankle and scrapes on my knees. I called AVP so that such incidents could be documented and
to help other people see that such incidents are still happening.
Melissa, 21, Latina lesbian
I was living with her grandmother when my father came to visit. I had recently gotten a haircut and the
style was very short. At the sight of my short hair, my father began yelling at me, hitting me, and calling
me anti-gay names. He even tried to strangle me. I fought back but he didn‘t stop. This eventually led
to a dislocated knee. My brother came to my defense and tried to intervene and our father beat him up
too. While my brother and I were being treated at the hospital, our father called the police stating he
had been the victim of violence by his own children and we were arrested.

31

ANTI-LGBTVIOLENCE IN 2008

Bias-Motivated Murders in 2008
CALIFORNIA

Lawrence King, 15
At least as early as third grade, Lawrence King began presenting in gender nonconforming ways and
began experiencing a tremendous amount of bullying. King came out in the third grade at ten years
old. King‘s home life was also very difficult. Adopted at age two, King was placed in a group home in
2007 after alleging that his adopted father has abused him. The bullying continued when King transferred to E.O. Green Junior High School in the seventh grade, and intensified when he began showing
up to school wearing women's clothing and makeup in January 2008; King's younger brother Rocky
also suffered bullying because of Larry's appearance. The school maintained King‘s rights to dress in
this way, citing a California law that prevents gender identity discrimination. On the morning of February 12, 2008, Brandon McInerney was witnessed repeatedly looking at King during a class in a computer lab. At about 8:15 a.m., McInerney shot King twice in the head using a .22-caliber revolver he
took from his backpack. Vigils and marches were organized across the United States following King's
death.
A new diversity education bill was introduced on behalf of
King by California Assemblyperson Mike Eng, who said,
"We need to teach young people that there's a curriculum
called tolerance education that should be in every school.
We should teach young people that diversity is not some
thing to be assaulted, but diversity is something that needs
to be embraced because diversity makes California the
great state that it is." The bill would require mandatory
Classes on diversity and in California schools.

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

32

Alfonso Jason Gallegos, 35, a Latino gay man
Mr. Gallegos was found beaten and left unconscious inside the bathroom of a luxury home in the
Laguna Beach area on August 30, 2008. Almost two weeks later Gallegos died from severe injuries.
Police interviewed four men who allegedly were involved in the fight. Gallegos‘s attackers allegedly
used bias-defense tactics similar to the gay-panic defense to justify their severe violence towards
Gallegos. The District Attorney was reported to have passed on this case and ruled the case an accidental death.

Theodore Neff, 66, a white gay man
Mr. Neff was murdered on December 3, 2008 in his home. Alejandro Hernandez Rivera, 23, was
found guilty of burglary and murder, killing Neff and one of Neff‘s cats by setting fire to Neff‘s
townhouse. Rivera allegedly met Neff through a male escort service on line.
Steven Paul Hirschfield
Mr. Hirschfield was shot and killed by San Diego Police July 2008 on a night-time boat cruise at the
San Diego Gay Pride Celebrations. His parents Alan and Nicole Hirschfield have filed a $20 million
law suit, charging the San Diego Police Department with their son‘s death. The parents charged that
the SDPD showed bias in a printed statement by that made no acknowledgement of their son‘s sexual orientation.

ANTI-LGBTVIOLENCE IN 2008

33

Case Update
Satendar Singh, 26, a recent Fijian male immigrant
Mr. Singh was murdered while hanging out with friends at Lake Natoma (Sacramento County). On July 1,
2007 a group of Slavic men began calling Singh and his friends "7-Eleven workers" and "Sodomites.‖
Eventually one of the assailants, Andrei Vusik, sucker-punched Mr. Singh in the head causing him to fall to
the ground, unconscious and bleeding. Singh suffered a brain hemorrhage as a result of the attack. On July
5, 2007 when tests confirmed that he was clinically brain dead his family removed him from artificial life
support. The attack was a day long series of verbal insults, taunts, and harassment that became physically
violent.
Aleksandr Shevchenko was sentenced to 150 days in county jail for his participation in the events that lead
to Satendar Singh‘s death. Shevchenko was not convicted of hate crime. Seven out of 12 jurors believed it
was a hate crime. The prosecutor asked for a substantial part of the sentence and diversity counseling. The
charges against Shevchenko, were: 1 count disturbing the peace, challenging another person in a public
place to fight, punishable by up to 90 days county jail,1 count simple assault, punishable by up to 180 days
in county jail, and 1 count of hate crime, punishable by up to 1 year in state prison.

Theodore Neff

Steven Paul Hirschfield

Satendar Singh

34

ANTI-LGBTVIOLENCE IN 2008

COLORADO
Angie Zapata, 18, Latina, transgender woman, rural
died on July 17, 2008 due to blunt force trauma to the head. Two weeks later, Allen Ray Andrade was arrested in connection to a stolen vehicle belonging to Zapata‘s sister. In an affidavit released by the Greeley Police Department during the investigation, Andrade indicated that he had spent the night at Zapata‘s apartment and was left there alone the
following day. Upon her return, Andrade allegedly questioned her gender and after learning of her transgender status,
severely physically assaulted her. Despite her inability to fight back because of injuries, Andrade struck her in the head
with a fire extinguisher. Two of Zapata‘s sisters found her body in her apartment under a blanket the next afternoon.
Andrade‘s trial took place in April 2009 and he was found guilty on four charges: First degree murder, bias-motivated
crime, motor vehicle theft and identity theft. In a hearing in early May, he was also found guilty of being a habitual offender. While there was initial speculation about sexual contact between Zapata and Andrade, the prosecution argued
that there was no such contact. In the state of Colorado, conviction of a first degree murder charge is life in prison
without parole. We believe that this is the first time, nationwide, that a state‘s bias-motivated or hate crime statute was
applied in the prosecution of the murder of a transgender person, followed by the prosecution of the men accused of
Latiesha Green‘s murder in Syracuse, NY.
Amie Wilcoxson, 30s, a white heterosexual transgender woman, urban
was found deceased in her apartment on November 3, 2008. CAVP was contacted with concerns from friends and coworkers about the investigation being conducted by local law enforcement. Along with a law enforcement based victim
advocate and Wilcoxson‘s place of employment, CAVP was able to coordinate a community meeting which served two
purposes. It allowed a space for community members to voice their concerns in a way that provided additional information for the investigation as well as provided a space for community members to talk about and deal with feelings of
loss for Wilcoxson and personal fears. After a thorough investigation, law enforcement provided a presentation of the
facts of the investigation and the coroner on the case spoke about his findings, including that the cause of death was a
toxic level of prescription medication. While many pieces may have indicated suicide, her death was officially undetermined.

Angie Zapata

Ashley Sweeney

ANTI-LG BT VIa LENCE il'l" 2008

35

MICHIGAN
Ashley Sweeney
Ashley Sweeney, a transgender woman, was found shot to death in a field on the east side of Detroit on February 4,
2008. She was described by police to reporters as ―a man in woman‘s clothing‖ who was a ―known prostitute‖, resulting in a headline of ―Police: Body of Cross-Dressing Prostitute Found‖. The community quickly responded to
both police and the press regarding their insensitivity. There was no information published regarding the funeral,
so the community held a candlelight vigil in memory of Ashley at the Ruth Ellis Center, a drop-in center for homeless LGBT youth. This homicide remains unsolved. It is unknown as to whether this was an anti-transgender hate
crime, but Triangle Foundation remains committed to trying to bringing Ashley‘s killer to justice.
Victor Manious
In April of 2008, Steven Scarborough went on trial for the murder of Victor Manious. This was not recorded in the
2007 Anti-LGBT Violence Annual Report because there was no indication that this was an anti-gay hate crime.
During the trial, however, the Scarborough successfully used the gay panic defense with the jury convicting Scarborough of Manslaughter instead of Murder. The jury accepted Scarborough‘s explanation that the 62-year-old victim knocked the 22-year-old perpetrator unconscious, sexually assaulted him, and that he employed self-defense by
hitting Manious in the head, caring him to the victim‘s car, locking him in the trunk, driving to a remote location
and leaving Manious there to die while he used the victim‘s credit cards to go out to eat, shop and travel.
Jeremy Waggoner
On June 10, 2008, the body of Jeremy Waggoner was found on the east side of Detroit. While it is not known
whether this was an anti-gay hate crime, the brutality of the murder indicates the possibility. The victim‘s partner,
family, friends and members of the community have worked together to post flyers asking for any information regarding this murder. In addition to working with the community, Triangle Foundation has been actively working
with the Detroit Police Department in search of leads in this horrendous murder.
Dominic Maceri
On October 16, 2008, Dominic Maceri succumbed to injuries he sustained three weeks prior when an unknown
number of men burst into his apartment and beat him within inches of his life. His partner called 911, but the police did not respond for almost an hour. This homicide remains unsolved.

Jeremy Waggoner

Victor Manious

ANTI-LGBTVIOLENCE IN 2008

36

NEW YORK
Olympia Peck, 27
Olympia Peck, 27 was found stabbed to death in the Bronx home she shared with Angelic McClennahan after
1:30am on July 3rd, 2008. Police have arrested Angelic and faces charge of murder and weapon possession.
Ewan Deszusa, 29, a Black gay man
Ewan Deszusa was found dead in his Bronx apartment on January 15, 2008, fully clothed with multiple stab
wounds in his chest and neck. He had been found face up in the apartments bathtub. DNA evidence and eye
witness account places Jason Garcia at the scene. Though bias is a possibility, the motive for the attack remains
unknown.
San jeer Seekoomar, 34, a South Asian, gay man
On March 25, 2008, Sanjeer Seekoomar, was found dead in his apartment by his landlord. The door to his
apartment had been pushed in and the apartment appeared ransacked. A suspect has been named but it is still
unclear what led to the Sanjeer‘s murder. Paul Norris, 32, is charged with second degree murder.
Sanesha Stuart, 25, a Black Transgender woman
On February 9, 2008, Sanesha Stuart, a transgender woman, was stabbed to death by Steven McMillan, who was
still in Sanesha‘s apartment at the time the police arrived. After finding out Sanesha was a transgender woman,
McMillan flew into a rage which led to her demise. McMillan was indicted with manslaughter in the 1st degree
but not murder. Sanesha was loved by all in her building.
José Sucuzhañay, 31, Latino, heterosexual man
On December 7th, 2008 after attending a church related gathering and stopping by at a bar to continue to the
social festivities, Jose was brutally beaten to death by two men in Brooklyn. The two men Keith Phoenix, 28,
and Hakeem Scott, 25, shouted anti-gay and anti-Latino slurs at the brothers as they walked home arm-in-arm
to help with each other‘s balance. The two men got out of their SUV and proceeded to attack them. Jose‘s
brother, Rommel, was able to get away and call the cops but the men continued to beat Jose with a glass bottle
and aluminum base ball bat. Jose died December 12, 2008, five days after the attack. Both men are being
charged with Second degree murder.

ANTI-LGBTVIOLENCE IN 2008

37

José Sucuzhañay
Sanesha Stuart

38

ANTI-LGBTVIOLENCE IN 2008

2008 Bias-Motivated Murders outside of NCAVP Catchment Area
Jessica Kalish, 57
In Florida, Jessica Kalish was found dead in the back seat of her BMW behind medical offices at 2300 S.
Congress Ave. Her former lover, Carol Anne Burger, 57, had stabbed her to death with a screwdriver 222
times. Jessica‘s body was found two days later on October 22, 2008. Carol did report Jessica as missing to
the police but had committed suicide upon hearing police had reported it to the local media that Jessica‘s
body had been found.
Milton Lindgren, 70, and Eric Hendricks, 73
In Indianapolis, on October 20, 2008, an elderly gay couple were found dead in their home after friends
notified police that the men had not been seen for some time. Milton Lindgren, 70, and Eric Hendricks, 73,
had been targeted by vandals, who had cut their phone and cable lines twice and had posted anti-gay statements on their front door during the previous few months. It is believed that the men were killed because
they were gay, although investigators said that while they do believe the vandalism was related to Lindgren
and Hendricks being gay, they did not know if the killings were.

Duanna Johnson, 43, a Black Transgender woman
On February 12, 2008, Duanna Johnson was arrested on a charge of prostitution, which was later dropped.
Johnson was booked at the Shelby County Criminal Justice Center, and said former Memphis Police Officer Bridges McRae beat her and sprayed her with mace her after making derogatory remarks about her
sexuality. Officer J. Swain, held her down during the beating. The beating was caught on tape by the precinct‘s own security cameras and released to the media before being disseminated on youtube:
http://tinyurl.com/l9s8t3. Both officers were fired from the department. Less than nine months later, on
November 9th, Johnson was found dead from a gunshot wound to the head. Three men were seen near the
crime scene before the officers arrived, but no arrests have been made.

ANTI-LGBTVIOLENCE IN 2008

39

Ebony Whitaker, 20, a Black Transgender woman
Ebony Whitaker was murdered by an unknown assailant in Memphis, TN, and was found dead on July 1,
2008. Whitaker had reportedly ―been turning tricks for money since he was 16.‖ Whitaker‘s cousin, Claudia Blair, told reporters that she thinks one of Ebony‘s clients got mad and shot her after realizing that
Ebony was not a woman. The murderer has not been identified or found yet. The Tennessee Transgender Political Coalition called upon the Memphis Police Department to be more responsive in crimes
against the transgender community.
Steven Parrish, 18, a Black gay man
On March 3, 2008, Steven Parrish, a young gay man, was stabbed and stomped to death by gang members Steven T. Hollis, 18, and Juan L. Flythe, 17, who discovered text messages and pictures on Parrish's
cell phone they believed indicated he was gay. Parrish, 18, lived with his parents in Woodmore, MD. He
attended Randallstown High School, and was four days away from graduation when he was killed. Hollis
and Flythe feared that their gang would appear weak to others if it became known that they had a gay
member. Hollis and Flythe were both arrested and charged with first degree murder on August 15, 2008.

Ebony Whitaker

Duanna Johnson

Latiesha Green

40

ANTI-LGBTVIOLENCE IN 2008

Simmie Williams, 17, a young Black man
Simmie Williams, a 17-year-old African American gay man, was shot and killed on February 22, 2008, in
Fort Lauderdale, FL, after an exchange of words with a group of young men. Williams was found wearing
women‘s clothing, and residents in the neighborhood where Williams was killed said that the corner where
he was found was a popular hangout for transgender sex workers. The murder was not being investigated
as a hate crime by the Fort Lauderdale police, but the police had not ruled out that Williams‘ sexual orientation was a factor. The police investigation produced no information about the killer.
Latiesha Green, 22, a Black Transgender woman
On Friday night, November 14th, A friend told Lateisha Green and her brother Mark Cannon, 18, to stop
by a party at 411 Seymour Street on Friday night. When they pulled up to the party, a number of people
took issue with their arrival because the Lateisha was transgender and her brother was gay. Dwight DeLee,
20, one of party attendees, allegedly walked up to their parked car and began shouting profanities. Police
say he then went inside the house and came back out with a 22-caliber rifle. According to reports, DeLee
fired a single round through the driver‘s side window. The bullet grazed Mark Cannon‘s arm and hit Latiesha Green in the chest. Mark, who was sitting in the driver‘s seat, drove to Arthur Street where an ambulance picked them up and took them to the hospital. Latiesha Green was later pronounced dead. Mark was
treated and released. At the time of this publication, DeLee is set to be the second person in U.S. history to
be charged with a hate crime for the murder of a transgender person.

Steven Parrish
Simmie Williams

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

41

Murders of LGBT People
In addition to the clearly anti-LGBT hate motivated murders in 2008, there were several other murders that
took the lives of LGBT people and have not yet been defined as bias-related. This type of categorizing is often too simplistic to embrace the reasons for which an LGBT person might be murdered. Bias motivation is
notoriously difficult to prove and yet, as marginalized communities understand, not being able to prove to the
authorities that they have been targeted does not mean that there was not a significant bias component to an
attack. Therefore, w e report these murders to remember the victims and to remind the reader that the possible bias basis for these murders has gone unproven.
Ruby Molina, 22, Latina transgender woman
Ms. Molina‘s body was found Sunday September 21st 2008, in the south bank of the American River approximately .85 miles southeast of the Highway 160 Bridge in Sacramento, CA. The case is being called a
―suspicious‖ death as the cause of death remains unsolved. Currently there this case is under investigation by
the Sacramento Police Department.
Dennis Jr., 55, an African American gay man
Mr. Jr. was shot and killed on February 9, 2008. Troy Tyrone Thomas III, 43, confessed to the murder and
burglary. Thomas is being charged with murder with special circumstance, to show that the motive was for
financial gain. Both men knew each other for 30 years. There was no apparent anti-gay bias or other motive
appearing in this case.
Olga Rodriguez, 49, Latina
Olga Rodriguez, 49, lived in the Melrose section of the Bronx was found murdered in her bathtub by the landlord. She had been in a relationship with Cecilia Rodriguez for four years before separating amicably. To this
date, no arrests have been made. Her body was found June 21, 2008.
Kevin Pravia, 22, a white gay man
A Pace University student was found dead in his Chelsea apartment on August 31st, 2008, with a cord around
his neck and a plastic bag placed in his mouth. None of his possessions had been stolen so robbery was not a
motive for his murder. Jeromie Cancel, 22, was apprehended in this crime. It was reported that Jeromie had
been approached by Kevin with the intent of buying drugs and both went to Pravia‘s apartment. Kevin had
fallen asleep and Jeromie took advantage of this opportunity. After he had committed the crime, Jeromie remained in Kevin‘s apartment and watched the movie ―SAW‖. It is yet unclear if Kevin was killed because he
was openly gay.

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

42

The Rape of LGBT Prisoners – A Hidden Hate Crime
By Just Detention International
Sexual abuse pervades U.S. detention facilities and lesbian, gay, bisexual, and transgender (LGBT) inmates are
especially likely to be subjected to rape while behind bars. The thousands of letters Just Detention International
(JDI)1 has received from prisoner rape survivors in recent years paint a shocking picture of the realities facing
LGBT detainees2. The disproportionate victimization of LGBT detainees has also been documented in recent
academic research reports and through government surveys.
LGBT inmates tend to be targeted for abuse because of their sexual orientation and/or gender identity. As such,
the victimization of LGBT inmates constitutes a hate crime – a widespread bias-motivated form of violence that
urgently needs the attention of policymakers at the federal, state, and local levels.
While any inmate can be raped while in custody, people who are marginalized in the community tend also to be
the most vulnerable to abuse while in detention. In men‘s facilities, the power hierarchy is shaped firmly by concepts that put a premium on strength and masculinity – and that places gay, bisexual, and transgender prisoners
firmly at the bottom of the social structure. Other groups that are at high risk for sexual abuse include youth
(particularly youth housed with adults) and inmates who are incarcerated for non-violent offenses3. Many inmates held in male facilities are raped by other inmates, others by staff.
In women‘s facilities, typical survivors of sexual abuse are non-violent, younger, non-English speaking inmates
and those with mental illness4. Studies have shown that lesbian, bisexual, and gender non-conforming inmates in
women‘s prisons are targeted by other inmates as well as by staff5. Nevertheless, butch or gender nonconforming women and transgender men are frequently viewed as potential predators and automatically placed
in punitive segregation – not for their own protection, but for the protection of other inmates6.
In a recent academic study, funded by the Cali-fornia Department of Corrections and Re-habilitation and conducted at six California men‘s prisons, 67 percent of inmates who identified as non-heterosexual reported having
been sexually assaulted by another inmate during their incarceration, a rate that was almost 15 times higher than
for the inmate population overall7. A follow-up study examining the experiences of 95 percent of the transgender women held in California men‘s prisons found similarly disheartening numbers:

•
•
•
•

59 percent of the transgender women stated that they had been sexually assaulted by another inmate (35
percent in their current housing unit).
14 percent of the transgender women had been sexually assaulted by staff.
70 percent of the transgender women had been victims of sexual misconduct.
Zero percent of the transgender women considered California prison officials to be allies in the fight
against sexual abuse8.

Recent government research has also confirmed that LGBT inmates are disproportionately targeted for sexual
violence across the country, not just in California. A nationwide Bureau of Justice Statistics (BJS) survey of inmates in local jails found that, in the previous six months alone, 18.5 percent of inmates who identified as homosexual and 10 percent of inmates identifying as bisexual or indicating ―other‖ as an orientation had been
sexually assaulted, while inmates who identified as heterosexual had been victimized at a rate of 2.7 percent9.
Gay, bisexual, and transgender prisoners entering male prisons and jails are often seen as fair game for attacks
upon arrival, and marked as targets for further abuse that frequently continues for the duration of their time in
detention10. Survivors in men‘s prisons tend to be labeled ―punks,‖ ―queens,‖ or described as having been
―turned out.‖ One 2006 academic study found that nearly 75 percent of prisoner rape survivors in men‘s facili-

43

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

ties and 57 percent of survivors in women‘s facilities were sexually abused more than once, and 30 percent
of all survivors endured six or more assaults11.
Those who sexually abuse LGBT prisoners use a range of tactics, from violent attacks to more subtle coercion. For example, powerful inmates often offer protection to vulnerable inmates in exchange for sexual
and other favors – a phenomenon known as ―protective pairing‖ or ―hooking up.‖ Entering into such a
relationship can give vulnerable inmates a sense of control and can sometimes prevent more brutal attacks. As one gay male survivor said in a letter to JDI, ―If you gotta have a man, you should pick carefully.
Pick one that don‘t rent you out, or at least keeps your ass for himself, and one that lets you say you won‘t
do certain stuff.‖
In some protective pairing scenarios, the survivor may develop feelings of gratitude and affection for, or
positive identification with, the more powerful partner. These feelings can make the arrangement appear
to be consensual to observers. However, the more powerful inmate always sets the terms of the relationship and the survivor is not able freely to choose to end the relationship, mirroring the dynamics of domestic violence in the community. In especially egregious cases, the vulnerable inmate‘s body becomes a
commodity that is offered to friends, exchanged for contraband or commissary items, and used to pay off
debts. Several survivors have described to JDI being permanently sold off to another inmate or gang, illustrating the deeply coercive nature of protective pairing relationships.
Corrections officials tend to confuse protective pairings with consensual relationships and will often discipline both the perpetrator and the victim, citing policies that prohibit any sexual contact between inmates.
Punishment for violating such policies can include increased sentences, placement in administrative segregation or a loss of privileges. As a result, many survivors endure these abusive relationships in silence, not
only fearing the wrath of the more powerful inmate, but also of being punished by corrections officials.
Not surprisingly, most prisoner rape survivors choose not to come forward and report abuse that occurs
as part of protective pairing arrangements.
The trauma experienced by survivors of prisoner rape is height-ened by the institutional apathy and homophobia they regularly face. Gay and transgender prisoners in male facilities are viewed by many corrections officials as weak and contemptible, and JDI regularly hears of assaults that were perpetrated, facilitated, or arranged by corrections officials. LGBT survivors also frequently describe to JDI how officials
ignored, laughed at or refused to investigate their claims of abuse, stating or implying that the survivors
deserved to be assaulted. A gay survivor in a Florida state prison said:
The Florida Department of Corrections is aware of the fact that I was sexually assaulted but has neglected to do anything
about the situation because I'm gay, Afro-American, and the fact that I'm incarcerated for prostitution. Just because of the
aforementioned facts does not mean that anybody can just take advantage of me in prison because of my sexual orientation12.
While it is becoming increasingly clear that LGBT inmates are targets of sexual violence while incarcerated, few corrections agencies have policies in place that protect the safety of this vulnerable population,
even when such policies would be easy to implement13. For example, transgender women are generally
housed in men‘s institutions and are typically required to shower and submit to strip searches in front of
male officers and inmates, placing them in particular danger. Allowing these women to shower alone and
to have a say in their housing situation would vastly improve their safety. A transgender woman in Texas
described her experience with the Texas Department of Criminal Justice (TDCJ):
TDCJ routinely classify all transsexuals as “males” and houses them with “men” on all male units if they have a penis,
functional or not. The “men” prisoners know we‟re women, can see our breasts and staff strip search us so everyone can see us

44

.AJ\fTI-LGBTVIOLENCE IN 2008

naked and make fun of our bodies. The male guards squeeze and make fun of our breasts in the halls regularly without fear of the
higher rank. We are denied our hormone medications, psych treatments for our GID and treated like freaks at a circus. Our housing is changed to punish us for complaining and “rocking the boat.” The housing assignments risk our health and safety, but if we
bring it to their attention they threaten to ship us to another unit. We have absolutely no input on our housing assignments and are
punished if we refuse to go into a cell with people we feel will harm us14.
Some departments of corrections have created special classification designations or housing units to house vulnerable populations15 but there is little evidence that this approach has been effective so far. Special classification
units generally house not only LGBT inmates, but also sex offenders, former gang members, prison ―snitches,‖
and others who are considered vulnerable to attacks in general population. As such, these units tend to bring
together – often in dorm-like settings – inmates who are at high risk for abuse and inmates who are likely to be
perpetrators of sexual violence. Not surprisingly, although they are meant to provide a safe environment, LGBT
inmates are regularly preyed upon in these settings as well.
In the end, LGBT inmates often feel forced to seek protective custody, knowing that this will mean being placed
in solitary confinement, locked in a cell for 23 hours a day, and losing access to programming and other services.
Alarmingly, even such housing (usually called protective custody, administrative segregation, or, colloquially,
―the hole‖) does not always protect inmates from harm. Isolative housing is intended for inmates who violate
prison rules or are a serious threat to other inmates or staff. LGBT inmates who request such housing for their
own protection therefore often find themselves in close physical proximity to inmates who are violent or predatory, including perpetrators of sexual abuse. JDI has been in contact with several inmates who were assaulted by
a staff member – or by another inmate with the acquiescence of staff – while in isolative housing.
Survivors of sexual abuse behind bars experience the same emotional pain as other rape survivors. The absence
of confidential counseling in the aftermath of an assault causes many prisoner rape survivors to develop serious
long-term problems, like post-traumatic stress disorder (PTSD), depression, and alcohol and other drug addictions. Moreover, the high rates of HIV and other sexually transmitted diseases in detention place incarcerated
survivors at great risk for infection. Once released – and 95 percent of inmates do eventually return home – survivors bring their emotional trauma and medical conditions back to their communities.
The homophobia that places LGBT inmates in extreme danger also contributes to societal attitudes that permit
continued violence and discrimination against LGBT people in the community. In the words of a survivor who
recently wrote to JDI:
[Corrections officials] feel that as a Gay person, I am less deserving and worthy of the already meager Prisoners Rights available to
even the worse element of society in here...I say to all the Gays in the „Free World‟: You need to understand that my plight inside
here is a microcosm of the similar forms of bias and double standards inflicted upon you. Hence, my struggle is your struggle 16.
The following accounts are drawn from recent letters by LGBT survivors to JDI. These stories were not selected
because they were unusually egregious; they represent some of the patterns and common forms of sexual abuse
that LGBT prisoner rape survivors share with JDI on a daily basis.

Survivor Stories, Incarcerated LGBT people
Jason, Texas
Jason is a 30-year-old gay male who is currently incarcerated by the Texas Department of Criminal Justice
(TDCJ). In the past four years he has been transferred to six different units within the TDCJ and has faced harassment and discrimination at each facility. While at the Allred Unit in Iowa Park, he was assaulted and extorted

.AJ\fTI-LC;BTVIOLENCE ll-J 2CII]8

45

relentlessly by members of the Aryan Brotherhood, a powerful prison gang. During each of the assaults he was
physically beaten by at least three members of the gang until he agreed to perform oral sex. He wrote in one of
his letters to JDI: ―I am an open male homosexual, but that doesn‟t give anyone the right to force me to perform sexual favors by
beating me up until I can‟t take no more.‖ Jason suffered severe injuries after each of the assaults but did not receive
any medical treatment. He was eventually transferred from the Allred Unit, but was never placed in the TDCJ‘s
Safekeeping program – a special classification for vulnerable inmates who can not be safely housed in general
population.
Shakria, Colorado
Shakria is a 36-year-old black transgender prisoner of the Colorado Department of Corrections. In 2007, she
was raped by her cellmate, while a third prisoner acted as a lookout. After the first assault, she repeatedly requested protection but was denied each time. Months later, she was again raped by an ―inmate who didn‘t
know how to take no for an answer.‖ Shakria described her experience in a letter written days after being transferred from the facility where the assaults took place:
I was raped twice at the Limon Correctional Facility. When I was assaulted the first time, I was afraid to „snitch‟ because I was in
fear that my life would end. I complained and wrote two letters to [two different officials] and requested to be transferred to a safer
facility, that I no longer felt safe there. The two letters were given to them in November 2007 and still they kept me there.
[In January 2008], I was sexually assaulted again and they caught one of the inmates who did it the next day. I was sent to medical where I had to wait 3 hours to speak with a street investigator and out of fear, once more I refused to press any charges so they
refused to give me medical treatment or do a rape kit on me. I was placed in segregation for 14 days and when I requested grievances, I was refused. Finally I was transferred out of Limon.
Dee Dee, New York
Dee Dee is a 37-year-old gender non-conforming prisoner incarcerated in a New York state men‘s prison. For
several months in 2008 Dee Dee was forced into a protective pairing relationship with a cellmate and was too
frightened to report the ongoing abuse. Dee Dee was forced to perform oral sex, to have anal intercourse, and
to ―act like a woman.‖ Dee Dee eventually reported the abuse only to receive an institutional infraction for engaging in consensual sexual behavior. Since reporting the abuse, Dee Dee has received little protection and continues to fear further violence.
Owen, California
Owen is a 34-year-old gay Latino man incarcerated in a California state prison. While housed in a large dorm,
he was raped twice by another prisoner. During the first assault, the perpetrator held a weapon to Owen‘s
throat and shoved a hot sauce bottle into his rectum. The perpetrator was equally violent in the second attack,
tearing Owen‘s rectum and biting him several times. Owen explained the circumstances surrounding the assault
in one of his letters to JDI:
My name is Owen and I was raped. I repeatedly told the officers in my building about my problem and they refused to re-house me.
I eventually got a bed move and these officers and another sergeant reversed it stating I was „in check in that dorm‟ and they didn‟t
want any of my fag shenanigans going on in other dorms. I was then eventually raped twice by my dorm-mate which led to me battering him. I am sitting in the hole for it. I told them about the rapes and they are not charging him.

46

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

Clifton, New York
Clifton is a 26-year-old black gay man who was physically and sexually assaulted while being held in a protective custody unit of Attica Correctional Facility in New York. Following the sexual assault, Clifton was forced
to wait nearly a month before receiving medical treatment for tears in his rectum. He had difficulty navigating
the state‘s grievance process and his claims were repeatedly written off by corrections officials. He was eventually placed in a special housing unit (segregation). Clifton described his ordeal in letters to JDI:
[In February 2008] when coming back from a tier hearing, I was beat by four corrections officers. It had started with threats. I
was hit on my arm, leg, back, and repeatedly hit on my right knee. I was dragged by my state shirt and told to get up and go to my
cell … [later that month] when I was in my cell, when the other inmates went to recreation, 3 corrections officers came in my cell,
turned me over, pinned me down and put a night stick in my behind while laughing, saying, „shut up, faggot, you‟re enjoying it,‟
then laughing while they left.
James, Texas
James is a 34-year-old gay biracial man from Dallas, TX serving a 20-year sentence. He has been incarcerated
by the Texas Department of Criminal Justice since he was 17 and has suffered years of violent attacks by
prison gangs. He stated in a letter to JDI:
I have been rape and sold to [many] gangs, different races etc …I been stab with a homemade knife [and] forced into sexual acts
not willing to choose. I had my jaw broken twice, head busted in…I am tired of being denied Safe Prisons and Safe Keeping or
somewhere not so hostile. Just do my time without being force to have sex or harassed because I am a proud gay.
The assaults have taken place in several different facilities and he stated that he is ―being sold like store bought
property‖ from one gang to another. He has reported each of the assaults but has been denied Safekeeping because corrections officials confuse his forced relationship to the gang for willing membership and classify
James as a gang member rather than as a victim of persistent assaults. He believes that several of the assaults
have been facilitated by corrections officers and stated that during one of the assaults, an officer watched what
was happening and laughed. He has continued to request protection.
Carlos, California
Carlos is a 35-year-old gay man incarcerated in a California state prison. He was repeatedly raped and forced to
perform oral sex at knife point by his cellmate over a period of two months. He filed several official grievances requesting protection and told several officers about the assaults but stated that on more than one occasion he was told, ―Nobody is going to believe you because you are a known homosexual.‖ After two months
of requesting help, he was placed in protective custody and taken to see medical staff for the rectal pain and
bleeding he was experiencing as a result of the assaults. He stated that he received little medical treatment but
was finally transferred to a different prison.
Natalia, Idaho
Natalia is a 23-year-old transgender woman currently incarcerated in an Idaho state prison. Over a period of
two years, Natalia has been raped eight times by members of a prison gang in retaliation for her refusing to
enter into a sexual relationship with one of the gang members. She has filed several grievances requesting protection and each time her requests have been denied. She fears that she may have contracted Hepatitis as a
result of the assaults and feels physically and emotionally devastated. She wrote in a letter to JDI:

47

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

When I was raped it took my life away from me, I wasn‟t myself I‟m still not myself. I was laughed at by staff and inmates.
They didn‟t care. I was terrified to go back to the gym but when I finally tried overcoming my fear by going back I was raped
again. When I requested P.C. [protective custody] I was denied. Even today I get denied because of who and what I am. A
transgender woman. Being raped has taken my life away. It‟s taken a piece of me that I‟ll never ever get back.
______________________________________________
Just Detention International (JDI, formerly Stop Prisoner Rape) is a human rights organization that seeks to eliminate sexual violence in all detention settings. JDI has three core goals for its work: to ensure government accountability for prisoner rape; to transform ill-informed public attitudes about sexual violence in detention; and to promote access to resources for those who have survived this form of abuse. More information at
www.justdetention.org.
2 JDI receives 20-30 letters a week from inmates requesting resources and information about sexual violence in detention. Since 2002, 25 percent of the survivors who have written to JDI have self-identified as LGBT – in 2008,
nearly 30 percent of the 260 survivor letters received were from LGBT inmates.
3 HUMAN RIGHTS WATCH, NO ESCAPE: MALE RAPE IN U.S. PRISONS 63 (2001).
4 Barbara Owen et al., National Institute of Justice, Gendered Violence and Safety: A Contextual Approach to Improving Security in Women‟s Facilities (2008)
5 Cindy Struckman-Johnson & David Struckman-Johnson, Sexual Coercion Reported by Women in Three Midwestern Prisons, 39 J. Sex Res. 3 (2002); HUMAN RIGHTS WATCH, ALL TOO FAMILIAR: SEXUAL ABUSE OF WOMEN IN U.S.
STATE PRISONS 2 (1996).
6 For example: In 2008, a group of self-described ―butch‖ lesbian women in a Virginia state prison reported to community advocates that they had been placed in a separate unit and told by officials that they were being segregated
because they were ―aggressive-looking.‖
7 Valerie Jenness et al., Center for Evidence-Based Corrections, Violence in California Correctional Facilities: An Empirical
Examination of Sexual Assault (2007).
8 From Prof. Valerie Jenness‘ testimony and presentation of findings at the Information Hearing on Issue Facing LGBT
Inmates in California Prisons before the CA Senate Committee on Public Safety in San Francisco, CA (December 11,
2008).
9 ALLEN J. BECK & PAIGE M. HARRISON, BUREAU OF JUSTICE STATISTICS, SEXUAL VICTIMIZATION IN LOCAL
JAILS REPORTED BY INMATES, 2007 (2008).
10 Cindy Struckman-Johnson & David Struckman-Johnson, A Comparison of Sexual Coercion
Experiences Reported by Men and Women in Prison, 21 J. of Interpersonal Violence 1531, 1599
(2006); Christopher D. Man & John P. Cronan, Forecasting Sexual Abuse in Prisons: The Prison
Subculture of Masculinity as a Backdrop for “Deliberate Indifference,” J. Crim. & Criminology
127, 153-54 (2001).
11 Cindy Struckman-Johnson & David Struckman-Johnson, A Comparison of Sexual Coercion
Experiences Reported by Men and Women in Prison, 21 J. of Interpersonal Violence 1531,
1599 (2006).
12 Excerpt from a letter sent in November 2006 by Nicholas while he was detained in a Florida state prison.
13 For policy recommendations see Call for Change: Protecting the Rights of LGBTQ Detainees available at http://
www.justdetention.org/pdf/CFCLGBTQJan09.pdf
14 Excerpt from a letter sent in March 2009 by Paula while she was detained in a Safekeeping unit of a Texas state
men‘s prison.
15 For example: Safekeeping in the Texas Department of Criminal Justice and Special Needs Yards (SNY) in the California Department of Corrections and Rehabilitation.
16 Excerpt from a letter sent in March 2009 by Leroy who is currently detained in a Connecticut state prison.
1

48

ANTI-LGBTVIOLENCE IN 2008

REGIONAL DATA & SUMMARIES

COLORADO-Colorado Anti-Violence Program
The Colorado Anti-Violence Program (CAVP) works to eliminate violence within and against the
lesbian, gay, bisexual, transgender and queer (LGBTQ) communities in Colorado and to provide the
highest quality services to survivors. CAVP provides direct services including, a 24-hour hotline for
crisis intervention, information and referrals, advocacy with other agencies, and court accompaniment. CAVP also provides technical assistance, training and education for varied audiences including,
but not limited to, service providers, homeless shelters, community organizations, law enforcement
and LGBTQ community members. Topics cover violence issues affecting LGBTQ community, selfdefense, dynamics of bias-motivated violence and more.
While CAVP works with victims/survivors of many types of violence (including domestic violence,
sexual assault, police misconduct, HIV-motivated violence and random violence), one of the highest
rates we document is classified as bias-motivated violence or hate crimes.
After a slight decrease in reported incidents in 2007, CAVP documented an increase of 3% of separate incidents in 2008 (from 118-121). This included an rise of violence directed towards LGBTQ
organizations. We also witnessed a slight increase of weapon use, with the largest category of growth
being knives/sharp objects. There was also a rise in the number of serial incidents (63%), many of
which have not been previously reported to either community-based organizations or law enforcement.

Colorado: Victims, Incidents, and Offenders

131 Victims

2008
2007

121 Victims

2008
2007

121 Incidents
118 Incidents

2008
2007

168 Offenders
135 Offenders

0

50

100

150

200

49

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

2008 also brought an 8% increase in number of victims/survivors (from 121 to 131) with a 24%
increase of number of offenders (from 135-168). This is particularly disturbing to note because it
demonstrates the likelihood of incidents involving multiple offenders (i.e. 168 offenders and 131
victims/survivors in 2008).
Other rises in statistics to note:
Number of victims/survivors between the ages of 40 and 49 (117%, from 6 to 13)
Number of victims/survivors with disabilities (16 reported for 2008)
Number of victims/survivors who self-identify as a person of color (34%, from 32 to 43)
Of the 121 incidents in 2008, only 25 had been reported to police (an additional 3 said they will
report to police). Of those 25, only three are known to be reported by law enforcement as having
a bias classification.
There are several possible reasons for an increase in reporting from 2007 to 2008. In both years,
CAVP saw a spike of reports in March and the sharp decline in April. In 2008, reports again rose
substantially in October and November, reflecting the presence of a new community advocate
located in Colorado Springs. This position had previously been vacant for several months. As the
advocate began conducting more outreach and holding regular office hours, more people in the
surrounding area have been reporting incidents of violence. We have noticed that consistent outreach, training and collaboration efforts across the state have resulted in more consistent reporting. For this reason, we hope to place more advocates in areas where we are not having as much
of a visible presence.
Another possible reason for an increase in reports has been the visibility of CAVP in the media.
This media attention has not only let community members know that we are a community based
organization serving the LGBTQ community, but also what services we provide and how to reach
us. In July 2008, Angie Zapata was murdered in her northern Colorado home (see Personal Narratives). CAVP served as the spokespeople for the Zapata family to allow the family privacy to
grieve their loss. In November 2008, Amie Wilcoxson was found deceased in her home. CAVP
was able to assist in making sure community members‘ concerns were heard by local law enforcement (see Personal Narratives) as well as help bring media attention to the case. Both Angie Zapata and Amie Wilcoxson were transgender-identified.
The cases of anti-transgender violence are spread throughout the entire year and cover a variety of
types of violence from discrimination in high school, institutional and interpersonal violence in a
college setting, to sexual assault, homelessness, and murder.
While, as an organization, CAVP has seen many successes throughout 2008, we are constantly reminded of the need for our services. LGBTQ residents of Colorado are facing harassment, discrimination, homelessness , threats, physical violence, sexual violence, and even murder. There is
still much work to be done to ensure the safety and health of all of Colorado‘s residents.

50

ANTI-LGBTVIOLENCE IN 2008

LOS ANGELES-L.A. Gay and Lesbian Center, Anti-Violence Project
Hate Violence Surrounding Proposition 8 Protests
On November 4, 2008, the passage of Proposition 8, which has amended California‘s Constitution to ban
marriage for same-sex couples, galvanized days of protests and rallies that were attended by tens of thousands
of LGBT activists and supporters around the state. In the Los Angeles area, news spread about anti-gay hate
crimes and incidents directed at those participating in the rallies. The L.A. Gay & Lesbian Center received a
report about an outbreak of violence in front of a Mormon Temple, the site of one of the largest protests. A
group of Prop. 8 supporters arrived in a van at the Temple during the protest and reportedly shoved, harassed and intimidated protestors. Stories of similar acts of violence were heard throughout the LGBT community. The L.A. Gay & Lesbian Center was also targeted with threatening phone calls and e-mails that included anti-gay slurs, primarily from individuals angry about the demonstrations taking place. One of the
threatening phone calls that LAGLC received resulted in a criminal proceeding against the perpetrator.
Anti-Transgender Hate Violence Nearly Doubles
The L.A. Gay & Lesbian Center‘s Anti-Violence Project noted a spike in the number of anti-transgender hate
crimes and hate incidents. In our experience, acts of hate violence against the transgender community are the
most pervasive and vicious types of violence encountered by the clients we serve, and are the most underreported. Fear of law enforcement, language barriers, and lack of outreach and services are among the most
significant barriers that have historically kept victims of anti-transgender hate violence in the shadows.
The spike in hate violence reports we received in 2008 is attributed to increased community outreach and efforts to raise public awareness by the Anti-Violence Project. We believe that anti-transgender hate violence is
still underreported, and we will continue to focus community outreach and engage in trainings and presentations to address this gap in services.

Los Angeles: Victims

2008
2007

508 Victims
555 Victims

Incidents and
Offenders
Unspecified

0

100

200

300

400

500

600

51

ANTI-LGBTVIOLENCE IN 2008

MICHIGAN-Triangle Foundation
Triangle Foundation is a statewide non-profit that provides direct services to lesbian, gay, bisexual
and transgender (LGBT) and HIV-positive victims of bias violence, vandalism, intimidation, harassment and discrimination. Triangle Foundation is also the sole reporting agency to the NCAVP Annual Anti-LGBT Violence Report for the state of Michigan which had an estimated population in July
of 2008 of 10,003,422. It is the mission of Triangle Foundation to promote equality and to secure
freedom from violence, intimidation and discrimination for LGBT persons throughout Michigan.
Triangle has offices located in Detroit and on the western side of the state in Grand Rapids.
The LGBT community in Michigan faces numerous obstacles to attaining full equality in the state of
Michigan. In particular, the inclusion of discrimination in the state constitution with the adoption of
a ban against same-gender marriage, as well as the exclusion of protections afforded most oppressed
communities, pose serious challenges to fulfilling the mission of Triangle Foundation. To begin,
there is a constitutional ban against same-sex marriage that states that ―the union of one man and one
woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose‖. Because of the reference to ―or similar union for any purpose‖ the Michigan Supreme Court
held that this ban also applied to domestic partnerships. This has seriously threatened the protection
of LGBT families. The Elliot Larsen Act, Michigan‘s civil rights bill, does not include the LGBT
community. The Ethnic Intimidation Act, Michigan‘s hate crimes bill, also does not include protections for the LGBT community. Crimes and other incidents motivated by bias against the LGBT
community receive no acknowledgement as hate crimes in Michigan. It is difficult to promote tolerance in a state that so adamantly codifies exclusion.

Michigan: Victims, Incidents, and Offenders

255 Victims

2008
2007

298 Victims

2008
2007

296 Incidents

298 Incidents

2008
2007

288 Offenders
371 Offenders

0

50

100

150

200

250

300

350

400

52

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

Because of changes in data software, it is problematic to do an overall comparison from 2007 to 2008. We
must, therefore, look at the individual categories versus the overall number of incidents to gauge the climate
and challenges in Michigan for LGBT victims. There were 4 murder cases, one of which that actually occurred in 2007 but was not known to include anti-gay motive until it went to trial in 2008. In all cases, the
victim was either LGBT or perceived to be LGBT. At this time, with regard to the murders of Ashley
Sweeney, Jeremy Waggoner and Dominic Maceri, there is no specific evidence that these three murders were
hate crimes. Our hope is that the perpetrators will be caught and the motivation for the murders will be revealed. One murder, however, warrants special discussion as we believe it is reflective of the challenges we
face in Michigan in creating a more tolerant and accepting society that is free from violence against the LGBT
community.
On July 29, 2008, twenty-two year old Steven Scarborough bludgeoned Victor Manious with a baseball bat.
He then locked Mr. Manious in the trunk of his own car and left him there to die. While Scarborough used
the victim‘s credit cards, Mr. Manious‘ family made the gruesome discovery of his body. At trial, Scarborough used the gay panic defense stating that the sixty-two year old victim knocked him unconscious and that
when he awoke, the victim
was performing oral sex on him. Scarborough stated that he hit Manious on the head with a baseball bat in
self defense, locked Manious who was still alive in the trunk of the victim‘s car and drove the car to a remote
location. The jury rejected murder charges, finding him guilty of manslaughter.
The fact that the jury could accept Scarborough‘s defense as justification to reduce the conviction to Manslaughter is appalling. To justify this verdict, the jury had to first accept that this sixty-two year old murder
victim easily overpowered a twenty-two year old man in order to sexually assault him. They then had to accept that the only way for this young man to get the elderly victim off of him was to bludgeon him in the
head with a baseball bat – something readily available for such a defense. The jury then had to accept as understandable the perpetrator‘s actions of not calling for help from the police or emergency but rather taking
this man, beaten and bleeding from the head, putting him in the trunk of his own car and driving him to a
location where help was not likely to come. They then had to disregard the murderer‘s revolting conduct of
using the victim‘s credit cards to dine, shop and travel while Victor Manious lay dying in his car. Scarborough
had numerous opportunities to save the life of Victor Manious. The jury disregarded his cold and calculating
actions that ended the life of Victor Manious. The fact that twelve members of Michigan society could accept the gay panic defense in this case demonstrates the deeply rooted homophobia of the average Michigan
citizen.
In 2008, we saw a slight increase in assaults with the total number increasing from 46 in 2007 to 49 in 2008.
We saw assaults without a weapon increase from 31 to 33, assaults with a weapon decrease from 14 to 9, and
attempted assaults increase 1 to 7. Weapons used included bats, blunt objects, knives, bottles and guns.
NCAVP tracks intimidation, harassment, mail/literature harassment and telephone harassment as separate
categories, but also groups them together under the category of harassment. In looking at the change in reported incidents, the total category of harassment saw a slight increase from 101 incidents in 2007 to 107 incidents in 2008. However, Triangle saw a significant increase in incidents involving intimidation, with such
incidents increasing from 35 in 2007 to 58 in 2008. Triangle Foundation only records an incident under intimidation if there were specific threats of physical harm or death made directly to the victim(s). This increase is, therefore, alarming since it reflects a growing intensity in hatred and harm by offenders.

53

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

We also saw an increase in incidents involving discrimination only, rising from 72 in 2007 to 83 in 2008. This
can most likely be attributed to increased efforts to track incidents involving discrimination only, a process still
being refined within the database. Such incidents of discrimination occurred in schools, colleges, workplaces,
residents and in public accommodations. These acts of discrimination were generally not actionable under the
law in Michigan as discrimination against the LGBT community is not prohibited under current nondiscrimination laws. It is difficult to ignore the strong probability that the failure for Michigan to include the
LGBT community in non-discrimination laws and hate crime laws, as well as the inclusion of discrimination in
the amended Constitution with the prohibition against same-sex unions is directly related to the increasing
number of incidents involving discrimination in the state of Michigan.
The review of this Report can leave a reader with a sense of hopelessness. While Triangle Foundation supports
the addition of the LGBT community to hate crime laws, we also assert that the LGBT community will only be
free from violence when tolerance and acceptance flourish. There are many paths to accomplishing this goal.
One is to challenge unlawful conduct. One of the most significant statistical changes from 2007 to 2008 was
the category of police misconduct. In 2007, with the high profile restroom bust involving Senator Craig, we
saw a tremendous jump in police sting operations, unjustified arrests and police raids throughout the state of
Michigan. The police entrapment cases noted in this report and the 2007 report do not include public sex acts,
but rather, incidents where an undercover police officer approached an individual man, trying to get him to engage in a conversation about sex. The majority of these arrests involved only the defendant discussing sex,
much the same as conduct engaged in at any bar by straight individuals. There have been lawsuits filed regarding the alleged unethical conduct on the part of the police, a fact we think has contributed to the significant decrease in entrapment operations from 36 reported cases in 2007 to 1 case in 2008. In addition, unjustified arrests went down from 6 to 2 and police raids decreased from 7 to 0.
As legal actions can be limited according to the exclusion of the LGBT community, individuals and organizations must be active in the struggle to create a more accepting society. Being active in the struggle can come in
many forms: involvement with LGBT organizations; lobbying for LGBT inclusive legislation; reporting hate
crimes, discrimination and domestic violence to the Triangle Foundation; supporting organizations that challenge homophobia and transphobia; challenging homophobia and transphobia at work, in our schools and with
our families; offering support to someone traumatized by discrimination; getting involvement with civic organizations so that there is an LGBT perspective in the organizations that impact your community; and running for
elected office.

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ANTI-LGBTVIOLENCE IN 2008

MINNESOTA-OutFront Minnesota
OutFront Minnesota is the state‘s leading advocacy organization for the GLBT communities in Minnesota. Our
Anti-Violence Program‘s main areas of focus include domestic violence/intimate partner violence survivors,
hate/bias crime survivors and survivors of sexual violence. The program provides short-term crisis services including a 24 hour crisis line, individual peer counseling, support groups for both survivors and their families,
friends and other concerned persons who have survivors of violence in their lives. In addition, we provide extensive individual crime victim advocacy related services including the navigation of systems, such as criminal
justice, medical and social services, which have historically been sites of significant barriers to obtaining safe
and effective services for GLBT survivors of violence. Finally, we offer a variety of trainings, community forums and other outreach strategies to create safe climates in schools, workplaces and other community areas as
well as work in collaboration with other organizations toward violence prevention. We work to develop networks of safe and effective service providers in all areas of the state. Our mission is to improve the climate of
safety for all GLBT Minnesotans in every facet of their lives.
2008 continued a multi-year trend of increased bias and hate crime activity throughout Minnesota. Critical
analysis of our survivor reports this year unfortunately mirrored many of the same trends of increased hate and
bias activity as in past years. While certainly not all the data was dismal and concerning, its analysis gave us significant pause in some very key areas. As we attended a vigil to honor the memory and anniversary of Matthew
Shepard‘s death ten years ago, we have found that as the GLBT community, we are still in danger and that antiviolence work is unfortunately as vital as ever before, especially our work combat the very real possibility of
negative experiences for GLBT Minnesotans throughout the state as a result of hate and bias activity.

Minnesota: Victims, Incidents, and Offenders

219 Victims

2008
2007

148 Victims

2008
2007

225 Incidents
144 Incidents

2008
2007

157 Offenders

104 Offenders

0

50

100

150

200

250

55

.ANTI-LC;BTVIOLENCE ll-J 2CII]8

2007 was a year of change in Minnesota. No longer was the state‘s focus entirely on a ―marriage battle‖ but had shifted
to laying the groundwork for safe schools legislation, coalition building and political change. Throughout Minnesota,
record numbers of people were discussing safety and equality for the GLBT communities in town hall meetings, at political rallies as some candidates began advocating for GLBT equality in their campaign platforms and at our own
kitchen tables. For many people, these discussions were being held for the first time and much of our work here at OutFront Minnesota‘s Anti-Violence Program was to help people understand the impacts of homophobia and heterosexism, among the multitude of intersecting oppressions faced by traditionally underserved or marginalized communities.
While marriage was a significant issue, we were able to move beyond that singularly focused debate. However, as the
visibility remained high for the GLBT communities so did the incidents of hate and bias activity.
For example, in 2007, we saw a significant increase (135%) in the numbers of GLBT hate/bias crime victim/survivors.
In 2008, we saw an additional 48% increase (148 to 219) which means that there has been a 300% increase (73 to 219)
in victimizations related to hate and bias activity since 2006. As in previous reports, we recognize that there are several
contributing factors to these increases. We believe that one reason for this increase is a result of increased and targeted
outreach to the GLBT communities throughout Minnesota regarding reporting incidents of anti-GLBT hate and bias.
However, we also believe that an even larger factor in these increases indicate a continued social willingness to commit
acts of violence toward the GLBT community.
In 2008, we saw a 185% (73 to 208) increase in singular and unduplicated incidents reported to the Anti-Violence Program with a similar 51% (104 to 157) increase in offenders. With a continued trend of increasing numbers of assaults
with weapons, vandalism and harassment, we believe that the social willingness to commit anti-GLBT violence can be
highlighted by the number of survivors requiring medical care--over 40% of victims had injuries significant enough to
warrant emergency or hospital care. One reason for the need for medical care corresponds directly relates to the most
common tools used in these assaults against GLBT Minnesotans--bats, blunt, objects, firearms and ropes.
With larger groups of people directing their activity toward one survivor, there was a 20% increase in incidents that involved multiple offenders, including 24 incidents that included 2-3 (167% increase) offenders and 13 incidents that involved 4 or more offenders (225% increase). Many people have stated that these incidents can simply be written off as
―youthful indiscretions‖ with the assumption being that most offenders are under the age of 18. This is not the case. In
2008, while many offenders were young, 67% of offenders were over the age of 19. This represents a significant change
from past years. As a society, we can no longer dismiss hate and bias activity as ―kids being kids‖ because currently
many of the offenders committing anti-GLBT hate and bias activity are, in fact, adults.
While there was an 81% increase in the number of reports made to law enforcement, this number remains extraordinarily low (18%) in relation to the total number of reported incidents. While many law enforcement agencies and other
criminal justice personnel have performed admirably in their response to this violence, we see a need for further education for law enforcement about the unique elements of hate and bias related activity and effective victim support strategies.
We have seen a sharp increase in the number of anti-transgender incidents in 2008. With a 29% increase in violence
towards transgender men and a 113% increase in violence toward transgender women, we recognize that there is much
work to be done throughout the GLBT community in order to create safety for all transgender, gender variant and gender queer community members.
We have a long way to go toward safety and a life free of violence for GLBT Minnesotans. Strong foundations are being laid and through the continued development of effective collaborative relationships in all sectors, our vision for social change is not only possible but realistic.

56

ANTI-LGBTVIOLENCE IN 2008

NEW YORK-New York City Anti-Violence Project
In 2008, The New York City Anti-Violence Project documented 348 incidents of hate violence involving a total of 435 victims. When compared with 2007, these numbers represent a slight decrease in both categories. Incidents dropped 14% (403 to 348) and the total number of victims
dropped 12% (496 to 435). While this decrease is promising, the data also reflects a disturbing increase in the severity of the violence. The number of murders documented by AVP increased
66.7% (3 to 5). The number of assault increased 22% (138 to 169) and the numbers of sexual assaults increased 171% (17 to 46). This shows a trend toward increasingly violent incidents of hate
violence in New York City.
The intersection of identities within LGBT communities continues to be a factor, as many victims
of hate violence are also members of other marginalized communities including people of color,
recent immigrants, people with disabilities, youth, elderly and HIV positive people. Homophobic,
biphobic and transphobic violence continue to be very much a part of New York City culture, despite the number and strength of NYC‘s LGBT communities. In many ways, the increasing severity
of the violence can be interpreted as a cultural backlash for the strides the community has made in
the areas of marriage and federal hate crime legislation. Reports of discrimination increased, for
instance, by 66% in 2008.
The majority of hate violence victims (59%) continue to identify as male, which is a 13% decrease
(294 to 256) from 2007. Only 19.3% of AVP‘s victims identified as female, which represents a 25%
drop from (112 to 84). Six transgender men (1%) and 62 transgender women (14%) reported being
victims of hate violence in 2008. These numbers reflect an increase for both transgender women
(5%) and transgender men (50%). Sixty-two incidents of hate violence in 2008 were related to antitransgender bias and homophobia (32) or anti-transgender bias only (30). These numbers represent
18% of the hate violence incidents that occurred in New York City in 2008.
The majority of victims (60%) who report hate violence identify as lesbian or gay (259 of 435).
This represents a 23% decrease from 2007 (338). The majority (23%) of those who reported bias
incidents in 2008 identified as Latina/o (99 of 435) or people of African-Descent 22% (97 of 435).
Overall, the number of hate violence victims who identified with communities of color in 2008 was
47% (206 of 435), with 12 victims identifying as ―other‖ and 108 victims whose race/ethnicity is
not known. Victims who identified as white totaled 24% (103 of 435) in 2008, a 20 % decrease
from 2007. It is likely that members of other marginalized communities who identify as LGBT are
not fully represented in the numbers that are reported, which is a reflection of the way that racism
and other oppressions can limit resources and options for our diverse communities.
As in previous years, victims of hate violence continue to be younger. Of the 435 victims who reported incidents in 2008, 33% (142) were between the ages of 19 and 29. Young people under the
age of 19 are underrepresented in this report. Currently, NYC AVP does not work with youth under the age of 18 in-house. Therefore, NYC AVP is unable to report statistics on LGBT youth.

57

ANTI-LGBTVIOLENCE IN 2008

However, we are currently developing a needs and readiness assessment in preparation for providing our much needed services to this particular population. Hate violence is a near universal
experience for LGBT identified and questioning youth and for youth who are perceived to be
LGBT. In 2003, GLSEN‘s National School Climate Survey found that 4 out of 5 LGBT and questioning students experienced verbal, sexual, or physical harassment at school. The word
―faggot‖ is the most commonly heard epithet on a school playground, which is often ignored by
teachers, faculty, and staff. This type of environment makes it very difficult for LGBT youth to
report these incidents to school officials. There is some hope that the Dignity for All Students
Act will pass in New York State in 2009, which will provide a measure of security for LGBT
youth and recourse for anti-LGBT violence in schools.
LGBT young people have had a long history of negative interactions with law enforcement,
therefore making it much less likely for them to report their victimization to the local police.
According to the Pete Cicchino Youth Project at the Urban Justice Center, of the 20,000 teenagers living on the streets of New York City, almost half identify as LGBT. Many of these young
people are the victims of hate violence, physical abuse, discrimination and harassment. These
young people are thrown out of their homes or enter foster care. Often, many of these young
people turn to survival sex and substance use, thus making them targets of law enforcement. In
a National Youth Advocacy Coalition (NYAC) report, 58% of LGBT youth reported feeling
depressed or contemplating suicide in the previous six months, a direct or indirect effect of antiLGBT motivated hate violence.

New York City Victims, Incidents, and Offenders

2008
2007

2008
2007

2008
2007

o

100

200

300

400

500

600

00

58

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

In the fall, the NYPD‘s vice squad targeted gay men in Manhattan at local book and video stores,
who were falsely arrested and charged with prostitution leading to a 67% (3 to 11). rise in unjustified arrests. This, unfortunately, has not helped to foster the idea that marginalized groups
should access the police when they have experienced violence.
Robbery also increased from 140% (5 to 12) and larceny/burglary/theft increased 250% (2 to 7).
There are several explanations for these trends, including an increase in pick-up crimes that are
related to bias incidents in which victims have experienced robbery and theft. A spike in violent
incidents in cruising areas (1 to 6) resulted in a 500% increase in this type of victimization.
Hate violence perpetrators continue to outnumber victims. The common scenario, that many
LGBT people know too well, is the group of two or more people attacking a single person or a
pair perceived to be LGBT. The fact that perpetrators of violence act on perception was made
clear in the murder of Jose Sucuzhany in Brooklyn, NY when he and his brother were attacked
because two men perceived them to be a gay couple. The majority of perpetrators of violence
recorded by AVP in 2008 are males (468) between the ages of 19 and 29.
Local trends of hate violence in New York City were not immune from 2008 being a presidential
election year and the same-sex marriage debate receiving increasing media attention as the year
progressed. The highest number of hate violence incidents in New York City occurred in October (45), May (40), and July (39). May and July are the two months before and after Pride. October was the month that preceded the presidential election. With the increase media attention of
the same-sex marriage debate and the election of a president who is friendlier to the LGBT community, the LGBT communities have become more visible and more vulnerable to oppositional
hate violence. As with mainstream culture, it is the most marginalized populations within LGBT
culture that are most often singled out for acts of oppression. Poor LGBT persons of color require increased resources and attention to prevent future violence. Much more work needs to be
done with the NYPD and the Hate Crimes Task Force in their ability to assess and classify hate
crimes and to stop LGBT-related targeting and entrapment. Given the harrowing statistics of a
two-thirds increase in murders, it is clear that in New York City prevention and education must
be our first priority and that these measures must be adequately funded and supported by city,
state and federal government agencies working to prevent and end violence.

59

ANTI-LGBTVIOLENCE IN 2008

SAN FRANCISCO-Community United Against Violence
CUAV documented 274 hate violence incidents in 2008, compared with 302 incidents in 2007, a 24%
decrease. The total number of victims for the year also decreased from 360 in 2007 to 336 in 2008, a 7%
decrease.
Last year, we documented 5 deaths, 4 of which were classified as murders and 1 as a suspicious death.
This is a 44% decrease from our 2007 documentation of 7 deaths, including 5 murders and 2 suspicious
deaths. The number of African American and Asian hate violence victims documented in 2008 was
slightly higher while the number of Latino/Latina and Multiracial hate violence victims was significantly
lower. Victims who identified as African American increased from 22 to 24. Asian/Pacific Islander victims increased from 9 in 2007 to 10 in 2008. Indigenous/ First People victims increased from zero to 1,
a 100% increase.
Victims who identified as Latino/Latina decreased from 61 to 39 in 2008, a 28% decrease. Victims who
identified as Multiracial decreased from 65 incidents in 2007 to 9 incidents in 2008, an 80% decrease. Arab/ Middle Eastern cases went down from 4 to 2, a 50% decrease. Finally, Caucasian/ White
victims decreased from 110 to 108.
CUAV received more calls—27 in 2008--about hate violence incidents in the Mission District where
CUAV is located, than from any other neighborhood. The Castro and the Tenderloin, two neighborhoods where we generally see a high volume of hate crime incidents, repeated that trend. CUAV documented 20 hate violence incidents in the Tenderloin, an increase from 17 in 2007. CUAV also documented a decrease in hate violence incidents in the Castro in 2008 to 15, down from 18 incidents in
2007. Out of 274 hate violence calls last year, 142 incidents were reported occurring in San Francisco;
132 occurred in other Bay Area counties and Northern California.
Proposition 8, California‘s 2008 election anti-gay marriage legislation, was associated with a huge increase in anti-gay protests, rallies and activity during pre-election campaigning. The number of offenders
increased: female offenders increased from 84 in 2007 to 147, a 75% increase. Male offender numbers
showed a 25% increase with 351 offenders in 2007 and 437 in 2008.
The number of stranger offenders increased dramatically by 333%, from 237 in 2007 to 791 in 2008; this
increase was connected to the ―Yes on 8‖ visibility actions and the anti-gay marriage backlash. As a result of Proposition 8, hate violence on the streets and in public areas increased 8% while incidents in
public accommodations increased by 67%.
The ―Yes on 8‖ campaign was an institutionally supported hate campaign built upon right-wing Christian organizing tactics and funding. The messages promoted by the campaign were acted out by offenders in the form of intimidation, hatred, physical violence and lies. The campaign mobilized large numbers of people to support further institutionalizing homophobia through legislation that blatantly discriminates against LGBTQIQ people and withdraws hard-won rights from them.

60

ANTI-LGBTVIOLENCE IN 2008

Out of the 25 total incidents related to the anti-gay marriage/Proposition 8 backlash, 13 incidents were categorized as perpetrated by hate groups, based on the following definition: A hate group is an organized group
or movement that advocates hate, hostility, or violence towards members of a racial, ethnic, religious, gender
or sexual orientation group, or other identified group. Law enforcement responses to Proposition 8 incidents
ranged from anti-LGBT homophobic slurs; indifference; false arrests; failing to enforce voter polling rights
when ―Yes on 8‖ protesters blocked polls; and refusing to take reports when people reported being physically
attacked or threatened.

San Francisco Bay Area Victims, Incidents, and Offenders

336 Victims

2008
2007

360 Victims

599 Incidents

2008
2007

681 Incidents

2008
2007

791 Offenders
527 Offenders

0

100

200

300

400

500

600

700

800

Law enforcement abuse and misconduct was up 113% in 2008, with law enforcement misconduct incidents
increasing from 40 to 85.
Law enforcement responded with the following reported attitudes:
courteous: 48 in 2007 compared with 59 in 2008
indifferent: 20 in 2008 compared with 22 in 2008
verbally abusive, no slurs: 7 in 2007 to 11 in 2008
verbally abusive, with slurs: 1 in 2007 to 5 in 2008
physically abusive, no slurs: 2 in 2007 to 6 in 2008
physically abusive with slurs: 2 in 2006 to 5 in 2008

61

ANTI-LGBTVIOLENCE IN 2008

GRAPHS FROM ADDITONAL LOCATIONS

Chicago (Center on Halsted Anti-Violence Project

2008
2007

108 Victims

2008
2007

125 Incidents

76 Victims

105 Incidents

94 Offenders

2008
2007

106 Offenders

0

20

40

60

80

100

120

140

Houston (Montrose Counseling Center)

2008
2007

3 Victims
No Offender or
Incident
information for
2008

13 Victims

2008
2007
21 Incidents

2008
2007
6 Offenders

0

5

10

15

20

25

62

ANTI-LGBTVIOLENCE IN 2008

Kansas City, MO (Kansas City Anti-Violence Project)
Houston (Montrose Counseling Center)

2008
2007

25 Victims

2008
2007

39 Incidents

2008
2007

38 Offenders

29 Victims

47 Incidents

37 Offenders

0

10

20

30

40

50

Milwaukee (Anti-Violence Project)

2008
2007

18 Victims
11 Victims

2008
2007

31 Incidents
15 Incidents

2008
2007

19 Offenders
16 Offenders

0

5

10

15

20

25

30

35

63

ANTI-LGBTVIOLENCE IN 2008

Western NY (Gay Alliance of the Genesee Valley)

2008
46 Victims

2008
87 Incidents

2008

73 Offenders

0

20

40

60

80

100

Ohio (Buckeye Region Anti-Violence Organization

257 Victims

2008
2007

253 Victims

2008
2007

251 Incidents
396 Incidents

219 Offenders

2008
2007

279 Offenders

0

50

100

150

200

250

300

350

400

64

ANTI-LGBTVIOLENCE IN 2008

Philadelphia (Equality Advocates Pennsylvania)

2008
2007

36 Victims
46 Victims

2008
2007

55 Incidents
112 Incidents

2008
2007

36 Offenders
156 Offenders

0

20

40

60

80

100

120

pages

140

160

ANTI-LGBTVIOLENCE IN 2008

65
Chlcaaa
2007
Total Number of Victims

2008

Colorado
2007
2008

Columbus
2007
2008

Houston
2007

2008

Kansas CItv
2007
2008

Las Anaeles
2007
2008

Mlchlaan
2007
2008

76

108

121

131

253

257

13

3

29

25

508

555

298

255

Gender ldentllv
Female
Intersex
Male
Transaender F-M
Transaender M-F
Se~- Identified
Organization
UnknownlNot ADpllcable

16
0
44
2
6
0
3
5

27
1
61
1
10
1
0
7

33
0
45
3
16
2
3
19

24
1
52
5
19
3
5

116
0
123
2
3
4
2
7

4
0
8
0
1
0
0
0

1
0
1
1
0
0
0
0

4
0
22
1
1
1
0
0

7
0
13
1
3
0
1
0

107
2
355
4
40
0
0
0

120

22

116
3
105
4
7
2
1
15

6
3
0
23

67
0
184
3
20
0
16
8

76
3
121
3
19
0
4
29

Total

76

108

121

131

253

257

13

3

29

25

508

555

298

255

0
52
0
1
0
3
20

1
70
10
3
3
0
21

4
71
6
5
2
3
30

10
68
9
3
8
5
28

12
213
3
4
6
1
14

4
213
3
4
2
2
29

0
11
2
0
0
0
0

0
2
1
0
0
0
0

2
21
1
0
0
0
5

1
2
0
0
1
4

16
252
21
1
5
0
213

47
279
30
4
0
0
195

3
211
13
1
0
16

54

2
170
17
1
2
4
59

Total

76

108

121

131

253

257

13

3

29

25

508

555

298

255

Aoe
<14
15-18
19-29
30-39
4G-49
50-59
00-69
70-79
>80
UnknownlNIA e.o.. oroaniz

1
3
13
6
10
4
0
0
0
39

2
7
18
12
2
5
2
3
1

5
10
28
19
13
5
1
0
0
50

1
12
60
46
34

2
19
81
53
36
16
2
0
0

0
1
1
0
0
1
0
0
0
0

0
5
7
6
1
5
2
0
0
3

0
2
7
4
4
2
1
0
0
5

0
0
0
0
0
0
0
0
0
508

0
0
0
0
0
0
0
0
0
555

7
20
45

48

0
1
5
2
4
1
0
0
0
0

4
14

56

9
0
32
17
6
4
0
0
0
53

Total

76

108

121

131

253

257

13

3

29

25

508

Race/Ethnicitv
African-Descent
ArabIMiddle-Eastern
AsianlPaclfic Islander
Indioenous/First People
Latinato
Multi-racial
White
Other
UnknownINIA e.o. oroanila

17
1
1
0
5
1
19
0
32

22
0
2
3
14
2
41
1
23

4
1
3
6
12
6
26
0
63

8
2
2
5
18
8
24
1
63

52
4
1
0
4
23
112
0
57

63
8
1
0
5
12
121
0
47

1
0
1
0
1
0
10
0
0

1
0
0
0
0
0
2
0
0

4
0
0
0
0
0
16
0
9

2
0
0
0
1
0
16
0
6

Total

76

108

121

131

253

257

13

3

29

48
8
3

58
14
2

67
32

17

69
36
13

108
34
27

167
23
37

7
3
3

0
0
0

Subtotal of in urias sum of 2 &

11

16

49

49

61

60

6

4.

4
13

3
5

0
5

3
10

0
84

0
30

0
0

Victim Demoaraphic Information

SexualOrienfation
Bisexual
Lesbian/Gav
Heterosexual
QuestlonirlQ/Unsure
Se~-Idenlified

Oroanilabon
Unknown

Victim Medical/ln'ury Information
Extent of In urles
No In'urias
1.

2.
3.

5.

Minor in"unes
Serious in'uries

Death
Unknown

40
0
0
0
60

17

337

64
42

43

46
28
5
3
0
92

29
20
11
0
0
80

555

298

255

0
0
0
0
0
0
0
0
508

62
0
25
6
200
0
187
0
75

48
0
1
1
5
4
167
0
72

35
1
1
11
3
0
135
0
69

25

508

555

298

255

17
7
4

16
3
5

0
0
0

0
0
0

258
16

199
20
9

0

11

8

0

0

33

29

0
3

0
1

2
1

0
0

1
0

3
4

4
23

17

Total must eaual total victim

76

82

121

131

253

257

13

3

29

27

0

0

298

255

Medical attention
None reaulred
Needed. but nat received
Out-patient Clinic MD ER
HospitaUzationllnpatienl
Unknown

53
0
4
2
17

56
0
6
1
1

22
4
12
4
7

21
3
10
6
9

12
18
28
3
0

13
8
14
7
18

7
2
3
1
0

0
0

0
2
1
3
1

2
1
4
2
2

0
0
0
0
0

0
0
0
0
0

276
7
9
2
4

208
4
16
2
25

Total must eaualsum of 2. &

76

64

49

49

61

60

6

0

7

11

0

0

294

255

105

125

118

121

204

185

13

3

47

39

0

0

298

255

13
6
4

14
8
2

49
23
10

32
18
7

3
4
0

0
0
0

6
0
0

10
5
0

0
0
0

0
0
0

31
14
1

33
9
7

23

24

82

57

7

0

6

15

0

0

46

49

Total number of Incidents

Crimes and Offenses Specit-. number of Incidents for each
Assault without a weaDOn
13
15
Assault With a weaDOn
4
12
Alternated assault with a we
0
0
Subtotal a..ault

17

27

0

0
0

66

ANTI-LGBTVIOLENCE IN 2008
Mmesota

I
I

2007

2008

Now York
2007

2008

Roche.ter
2008

148

219

496

435

58
0
39
7
8
0
5
31

81
5
86
9
17
0
2
19

112
0
294
4
59
0
15
12

148

219

11
97
9
4
0
3
24

Penns IVln11

San Francisco

Mllwlukee
2007
2008

2007

2008

2007

2008

46

360

336

46

36

11

84
1
256
6
62
0
9
17

20
0
20
0
3
0
2
1

66
1
184
14
62
6
8
19

84
0
162
8
36
5
4
37

14
1
22
0
8
0
1
0

7
0
23
0
4
0
0
2

5
0
5
0
1
0
0
0

496

435

46

360

336

46

36

11

22
146
14
9
0
2
26

13
338
54
1
0
15
75

10
259
57
6
4
9
88

3
34
4
0
1
2
2

8
178
21
4
20
8
121

6
181
13
3
17
4
112

2
34
2
2
0
0
6

2
18
6
2
1
0
7

148

219

496

433

46

360

336

46

0
9
42
30
19
12
2
0
0
34

0
16
71
63
27
11
15
0
0
16

0
0
0
0
0
0
0
0
0
496

0
28
142
70
58
34
24
0
0
79

0
6
10
3
6
3
4
0
0
14

1
9
56
32
64
27
9
4
0
158

5
12
51
51
38
24
5
0
2
148

148

219

496

435

46

360

24
7
1
11
15
6
69
0
15

31
9
6
16
17
10
78
0
52

81
2
8
1
117
21
128
11
127

97
1
2
0
99
13
103
12
108

10
0
0
0
4
2
21
0
9

148

219

496

435

82
17
11

123
39
28

350
67
29

28

67

0
3

0
29

14l

Annuli Totals
2007
2008

Annuli %
Inc/Dec

2359

2424

3%

602
7
1307
42
229
11
52
109

654
11
1261
45
244
16
29
164

9%
57%
-4°4
7%
7%
45%
-44°"SO%

18

2359

2424

3%

0
10
0
0
1
0
0

1

1

71
1488
132
23
34
49
562

109
1465
170
36
42
29
571

54°"-2%
29%
57°4
24%
-41%
2%

36

11

18

2359

2422

3%

2
4
11
7
5
6
0
1
1
9

0
2
6
5
9
6
0
0
1
7

0
0
5
2
0
0
0
0
0
4

18
57
295
190
189
127
18
8
1
1456

21
125
468
326
224
128
65
3
4
1060

17°"119%
59%
72°"19%
1%
261%
-63%
300%
.27°,,-

336

46

36

11

2359

2424

3%

22
4
9
0
61
16
110
3
135

24
2
10
1
39
9
108
3
140

9
0
0
0
2
4
25
4
2

4
0
0
0
8
0
22
0
2

3
0
0
0
0
0
6
0
2

265
19
25
19
222
81
688
18
1022

362
23
SO
42
409
57
870
17
594

37%
21%
100%
121%
84%
-30%
26%
-6%
-42%

46

360

336

46

36

11

18

2359

2424

3%

237
69
32

34
9
3

157
42
86

145
37
75

7
1
9

1122
247
203

1060
257
216

-6%
4%
6%

101

12

128

112

4

10

4SO

473

5%

3
47

4
82

0
0

9
66

5
74

5
6
3
0
9
0
0
22

6
3
1

96

22
17
6
0
23
0
1
0

0
1

0
1

20
259

22
280

10%
8%

219

496

424

46

360

336

46

9

11

18

1851

1835

-1%

1

28
9
13
5
12

14
22
37
14
9

237
25
31
15
116

38
1
4
3
0

179
11
52
16
102

156
7
31
11
131

7
3
7
0
1

617
72
162
50
144

766
61
138
53
321

24%
-15%
-15%
6%
123%

67

96

424

46

181

180

0
0
2
1
6
0
9

6
2
2
0
1

2

32
2
7
2
3
0
46

11

18

1045

1339

28%

7

208

403

348

46

304

274

112

55

11

18

1688

1677

·1%

21
1
1

33
28
8

105
35
22

119
38
12

8
5
2

84
29
12

72
21
16

10
1
0

344
134
61

347
145
54

1%
8%
·11%

69

162

169

15

125

109

1
0
0
0
1

1
1
0

4

18
4
0
0
22

2

11

539

546

1%

18

1

18

1
1
1
1

!.

ANTI-LGBTVIOLENCE IN 2008

67
Chluao
20071
1
14

2008

Colorado
2007
2008

I

Columbus
2007
2008
1
41
21
86
27
18
9
11
9

Houston
2007

35

58

44
16
6

39
9
1

21

0

0

66

49

0
0
1
0
0
0
1
5
1
0
2
1

0
0
0
0
0
0
0
0
0
0
0
0

1
0
0
0
0
0
0
0
0
0
0
0

2
3
0
1
1
0
36
72
2
21
0
0

4
4
2
4
0
2
1
101
0
14
5
1

14

47

0

1

298

296

3
0

6
6

15
21

0
0

0
0

46
101

107

0
0

0
0

3
0

0
0

0
0

0
0

22
2

11
0

19

0

0

3

0

0

0

24

11

33
14

6
3

1
0

3
0

0
2

0
1

0
0

0
0

28
8

3
24

36

47

8

I

3

2

1

0

0

36

27

118

121

204

185

13

0

47

39

0

0

298

255

2
I

8
2
2
6
0
13
0

7
8
5
4
0
10
4

0
0

0
2
0
2
0
1

0
1
1
2
2
0
0

0
0
0
0
0
0
0

0
0
0
0
0
0
0

6
2
4
2
1
1
6

5
2

0
0
0
0

0
0
0
0
0
0
0

3
0
1
7

46

2
1
39

34

46

47

113

47

8

4
10
0
0
0
0
0
0
6
4
1

3
6
0
0
0
1
1
35
0
2
1
0

0
8
1
2
0
2
0
33
0
6
2
4

3
6
0
3
0
3
0
39
1
5
2
1

0
16
1
1
0
2
16
49
0
53
20
0

0
26
3
0
0
0
0
26
3
42
22
4

0
1
0
0
0
0
0
1
0
I
I
0

105

125

177

183

396

251

21

Total Number of Incidents invol
Total Number of Incidents That

17
39

27
49

40
61

23
47

82

58

57
47

AIDSlHIV·Related Bias
Incidents inv. AIDSlHIV-retated
Incidents involvino AIDSlHIV-re

1
1

3
4

7
2

4
1

16
4

Tolal

2

7

9

5

Transaender·Related Bias
Incidents inv. transaender·retat
Incidents involving tranSQender

1
8

4
2

26
10

Tolal

9

6

lOS

22

Subtotal harassment
Murder
Sexual assault/race
Abduetoonlkidnaoina
Exlortionlblaclunail
Bomblbomb threat
IIleDal eviction
Police entrapment
Discrimination
Arson
Vandalism
Robberv
Larcenv/burolarvllheft

22

Total

Hate Incident Information
TOlal number of Incidents
Number of incidenta involvln
Bats clubs blunt obiects
BolUes. brid<s, rocks
F""'rm'
Knives & sharD ob'eels
Races restraints
Vehicles
Other

Mlchlaan
2007
2008

0
0
0
0

48
39
2
5

Harassment
MalVUterature harassment
Teleohone harassment

Los Anaeles
2007
2008
0
0
0
0

15
29
3
2

Intimidation

2008

Kan..s City
2007
2008
2
3
1
0

9
10
2
0

0

6

0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
1
0
0
0
0

0

2
8

16
3

20

27
9

36

125

0
2

42
2
3

2
7
1
0

0
0
0
0

49

weaDOnl

2
0
0
0
0
0
2

1
0
0
10

2
1
0
4

2
1
1
6
0
0
1

Total

4

13

10

11

41

38

0

0

5

6

0

0

21

23

Seriallncldenla
I previous incident
2-5 Drevious incidents
6-10 orevious incidents
10 or more previous Incident

9
6
0
1

7
12
2
9

2
6
6
2

9
9
4
4

14
9
1
0

6
4
2
0

3
1
0
0

0
0
0
0

0
1
3
1

0
1
9
0

0
0
0
0

0
0
0
0

10
24
5
16

9
21
11

34

16

30

16

26

24

11

4

0

5

10

0

0

54

75
7

Tolal

0

Incidents committed bv hate
Site
Police preeinetJlalVear
Private residence
PublIC transDOrtation
Street/Public area
Worl<Dtaee
Public Aeeommodabon
CrulsillQ area
School/colleDe
GLBT insbtution
In/around GLBT bar etc.
GLBT event/DaradeJrallv
Other soeeifvl
Unknown

0

0

2

0

0

0

0

0

0

1

0

0

4

2
21
1
10
9
4
0
2
3
2
0
3
15

1
17
2
12
15
3
0
2
1
4
3
5
6

0
28
2
22
15
9
0
11
1
2
2
15
11

1
24
2
17
6
10
0
7
1
4
0
9
40

1
43
2
41
38
1
27
16
1
30
3
1
0

0
38
2
26
21
3
14
23
2
33
2
1
20

0
0
0
0
0
0
0
0
0
0
0
0
13

0
0
0
0
0
0
0
0
0
0
0
0
3

0
10
0
6
2
5
3
0
0
1
0
1
1

0
10
0
2
1
3
0
3
0
3
0
3
0

0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0

3
60
1
14
68
46
36
24
10
21
6
8
1

Tolal must equal talaI incide

72

71

118

121

204

185

13

3

29

25

0

0

298

255

106

94

135

168

279

219

6

3

37

38

0

0

371

288

13
0
38
0

18
0
51
0

16
0
62
0

13
0
49
0

31
0
168
0

31
0
140
0

I
0
4
I

0
0
3
0

6
0
24
0

7
0
23
0

0
0
0
0

0
0
0
0

52
0
174
0

55
0
133
0

6

56
3
18
60
61
3
33
5
2
2
6
1

Offender OemoaraDhlc Information
Tolal number of offenders
Gender Identity
Female
Intersex
Male
Transqender F-M

68

ANTI-LGBTVIOLENCE IN 2008
Mlmesota
2007

2008

New York
2007

2008

Rochester
2008

San Francisco
2007
2008

Penna Ivanla

2007

2008

Milwaukee
2007
2008

Annual Totals
2007
2008

Annual %
InclOec

I
I
I

3
2
1

66
16
11
7

339
376
22
22

386
332
10
21

39
9
5
1

203
175
7
14

174
164
3
6

35
28
2
0

16
28
1
1

2
6
2
0

4

34

420

363

15

196

173

30

30

1

0
5
0
0
0
0
2
9
4
19
0
0

3
17
0
3
0
8
0
160
0
17
5
2

5
46
0
1
0
5
2
265
2
20
12
7

1
1
0
0
0
0
1
6
1
5
1
2

5
18
3
2
0
1
0
103
1
14
6
3

4
35
8
3
0
0
7
41
0
22
14
4

14<

208

1139

1295

87

681

599

1
1
0
0
0
1
0
1
0
6
2
0
0
112

0
0
0
0
0
0
0
3
0
1
0
0
0
52

4
8

69
100

138
124

169
6

15
15

110
8

88
14

22
8

2
3

33
6

28
9

1
0

0
0

0
3

5

39

37

1

0

3

2
15

34
17

32
30

3
0

29
42

10
22

1

15

51

62

3

71

7

208

403

348

46

21
1
1
0
47
0
38

33
28
8
0
69
0
66

22
14
2
14
1
2
2

10
14
6
11
1
1
4

132

204

57

9
6
0
1
0
16

7
12
2
9
0
30

1
1

5
4
0
0

759
810
92
59

835
700
55
53

10%
·14%
-40%
·10%

10

9

1720

1643

-4%

0
1
0
0
0
1
0
3
0
0
0
0

0
9
0
0
0
0
0
11
0
0
0
1

15
93
8
9
1
15
54
445
4
134
40
11

21
138
14
11
0
11
15
541
12
130
59
21

40·.4
48%
75%
22·.4
·100%
-27%
·72%
22%
200%
-3%
48%
91%

15

31

3560

3184

·11%

4
16

1
2

2
4

526
566

521
426

·1%
-25%

0
0
0
0

0
0
0
0

0
0

0
0

83
15

65
23

-22·.4
53%

0

0

98

88

·10%

0
5
0
5

1
0

5
0

156
123

94
112

-40·.4
·9%

32

0
8
0
8

1

5

279

206

·26·.4

304

274

26

55

5

11

1596

1667

4%

5
0
0
0
0
1
0

8
2
2
7
1
1
11

9
5
5
4
1
0
8

0
0
0
0
1
0
1

69
38
32
34
53
18
66

71
61
31
31
74
13
101

3%
61·.4
·3%
·9·.4
40%
-28%
53%

6

32

32

0
0
0
0
0
0
0
0
0

0
1
0
0
0
0
1

47

1
0
0
3
0
1
1
0
6

2

2

310

382

23%

13
55
31
92

24
46
21
77

2
1
0
4

9
19
12
37

14
20
12
21

2
2
0
0

79
129
63
149

82
130
63
158

4%
1%
0·.4
6·.4

168

7

77

67

3
2
0
0
8
0

0
0
0
0

191

10
2
5
0
21
0

0

4

420

433

3·.4

20

0

2

2

1

1

13

0

0

0

0

29

24

·17%

4
46
3
14
32
0
7
11
3
9
1
0
31

7
72
12
23
49
1
5
9
3
17
7
1
2

8
141
23
90
34
31
1
9
12
11
0
36
7

9
115
24
84
20
27
6
5
2
9
1
36
10

0
13
2
14
5
1
0
7
2
2
0
0
0

9
103
5
66
16
15
0
9
8
12
4
34
23

7
75
6
71
10
25
1
10
4
7
6
18
34

1
5
1
3
2
0
0
0
1
1
0
0
4

27
457
37
266
214
112
74
82
38
89
16
98
116

31
425
54
270
189
134
29
99
21
82
21
79
123

15%
-7%
46%
2%
-12%
20%
-61%
21%
-45%
-8%
31%
·19%
6·.4

208

403

348

46

304

274

0
0
0
0
0
0
0
0
0
0
0
0
3
0
3

0
5
0
3
0
1
0
0
0
1
0
0
1

161

0
0
0
0
0
0
0
0
0
0
0
0
13
0
13

11

18

1626

1557

-4%

104

157

836

689

73

527

791

156

36

16

19

2573

2575

0·.4

21
0
68
0

43
0
109
0

112
0
508
1

111
0
468
0

23
0
45
0

84
0
351
0

147
1
437
0

10
0
37
0

0
0
0
0

0
0
14
0

3
0
15
0

346
0
1448
2

451
1
1473
0

30%
0%
2%
·100%

69

ANTI-LGBTVIOLENCE IN 2008
Chlcaao

Colorado

Columbus

Houston

Kansas Cltv

Los Anaeles

Mlchlaan
2007
2008

2007

2008

2007

2008

2007

2008

2007

2008

2007

2008

2007

2008

0
0
6
49

0
0
8
17

0
0
11
46

0
0
7
99

0
0
0
80

0
0
0
48

0
0
0
0

0
0
0
0

0
0
0
7

0
0
0
8

0
0
0
0

0
0
0
0

0
0
69
76

0
0
23
77

106

94

135

168

279

219

6

3

37

38

0

0

371

288

0
9
6
4
3
1
0
0
0
60

0
5
6
3
0
1
0
0
0
79

0
12
39
10
2
0
0
0
0

lD4

2
7
16
8
3
0
3
0
0
129

0
36
90
22
8
12
0
0
0
110

1
36
68
27
7
1
0
0
0
79

0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
3

0
2
4
1
0
1
0
0
0
29

0
9
1
0
0
0
0
0
0
28

0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0

10
35
34
40
8
4
3
0
0
237

5
6
7
21
15
4
0
1
0
229

Total

83

94

167

168

278

219

0

3

37

38

0

0

371

288

RacelEthnlcllv
African-Descenl
ArabIMiddle-Easlem
As.anlPaciflC Islander
Indi enouslFirsl People
Latinalo
Multl-racoal
White
Other
UnknownlN/A e.Q orQanlza

17
1
2
0
3
0
9
0
74

9
0
2
0
3
1
9
1
69

3
0
0
1
5
0
36
0
90

3
0
0
1
5
0
29
0
130

49
2
0
0
0
1
122
0
105

41
2
0
0
4
10
79
0
83

1
0
0
0
1
0
3
0
1

0
0
0
0
0
0
0
0
3

1
0
0
0
3
0
10
0
23

9
0
0
0
3
0
7
0
19

0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0

45
3
1
0
6
4
59
0
253

18
6
1
0
0
0
72
0
191

106

94

135

168

279

219

6

3

37

38

0

0

371

268

10
8
0
12
8
0
1
2
1
0
10
16
0
38

11
16
1
8
10
2
1
3
1
0
9
23
0
9

4
15
0
17
9
5
4
8
5
2
16
30
11
9

3
12
2
10
7
3
2
7
1
0
9
27
11
74

7
39
3
33
2
2
38
3
0
2
2
72
0
76

4
8
2
23
0
0
20
4
1
0
2
110
0
45

1
1
0
2
0
0
1
2
0
0
0
3
3
0

0
0
0
0
0
0
0
0
0
0
0
0
0
3

4
4
1
3
4
0
1
3
0
3
2
10
1
1

3
1
0
5
2
0
0
0
0
2
3
14
7
1

0
0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0

9
77
4
26
53
0
3
8
2
0
35
81
35
38

34
69
6
32
14
4
0
10
2
12
46
32
3
24

106

94

135

168

279

219

13

3

37

38

0

0

371

288

2
14
1
0
55

46
10
4
0
15

64
18
2
0
34

59
16
6
0
40

101
33
3
0
67

139
23
2
0
55

4
4
2
0
3

0
0
0
0
0

13
8
0
0
8

10
7
1
0
7

0
0
0
0
0

0
0
0
0
0

136
18
5
3
136

205
22
5
0
23

72

75

118

121

204

219

13

0

29

25

0

0

298

255

29
15
7
7

10
9
5
1

19
11
4
4

25
16
6
3

68
42
15
11

53
38
12
3

6
6
0
0

0
0
0
0

11
7
3
1

13
9
1
1

0
0
0
0

0
0
0
0

64
44
12
7

57
47
9
1

Transaender M-F
Se~- Identified
Oroanizabon
UnknownlNot Applicable
Total
Aoe

<14
15-18
19-29
3~39
4~9

~59

60-69
7~79

>80
UnknowniNlA e.o. omanlza

Total
RelaUonshlo of offenders 10 victims
ACQuaintanceJfriend
EmPloverlco-worker
Ex-lover
Landlord/tenanVneiahbor
Law enforcement offICer
Lover/partner
Pick-up
RelabveifamilY
Roommate
Security forcelbouncer
Service provider
Stranoer
Other saecifv1
Unknown
Total

Number of offenders involved DBr Incident

1
2-3
4-9
10+
Unknown
Total
Pollee Response Information
Incident reoortlno
Reooned to DDlice
Comolalnt taken/no arrest
Complaint taken/arrest
Complaint refused

29

15

19

25

68

53

6

0

11

11

0

0

63

57

19
3
1
39

27
5
0
16

80
9
2
19

42
3
4
47

128
0
1
7

126
3
0
40

4
0
0
4

7
0
0
0

16
0
0
2

12
0
2
0

0
0
0
0

0
0
0
0

183
3
46
3

132
2
2
62

Total

72

36

49

79

76

96

10

0

13

13

0

0

115

123

Bias classlficaUon
Not reported bv victim as bi
Reoorted & classified as bia
RePOrted/classifICatIOn relus
Atlemotino claSSIfication
No bias classiflC8bon availa
Unknown

2
5
3
2
1
16

0
0
2
1
1
18

2
1
7
0
0
9

1
3
1
2
0
18

18
34
0
0
9
7

14
22
0
0
10
7

2
10
0
0
0
1

0
0
0
0
0
3

3
2
2
1
1
2

3
1
4
0
0
5

0
0
0
0
0
0

0
0
0
0
0
0

0
26
11
0
1
25

6
13
8
3
10
17

Total

29

22

19

25

68

53

13

3

11

13

0

0

63

57

Subtotal
NOI reported 10 DDlice
Will reoort to DDlica
VlCbmiclient arrested
Unknown

ANTI-LGBTVIOLENCE IN 2008

70
Mimesota
2007

2008

New York
2007

2008

Rocheste,
2008

San Francisco

Penns Ivania

Milwaukee
2007
2008

Annual Totals
2008
2007

Annual·..
InciOec

2007

2008

2007

2008
0
0
0
36
0
36

0
0
0
1

0
0
1
0

3
0
88
538

2
0
45
611

-33'4
0%
-49%
14·. .

15

19

2425

2583

7%

0
0
0
15

0
0
0
5

1
0
0
67

0
0
0
114

0
0
1
4

2
0
1
89

2
0
1
203

104

157

689

693

73

527

791

0
0
1
108
0
156

0
11
33
11
4
0
0
0
0
45

0
38
51
29
17
2
4
0
0
16

0
0
0
0
0
0
0
0
0
689

0
38
98
78
50
22
16
0
0
391

0
8
6
3
2
0
0
0
0
54

2
32
128
85
27
11
4
0
0
238

2
52
58
47
32
13
5
0
0
582

3
6
0
1
4
0
0
0
0
142

0
0
0
0
0
0
0
0
0
36

0
0
1
0
0
1
0
0
0
16

0
2
5
4
2
3
0
0
0
3

15
143
335
174
56
30
7
0
0
1670

10
201
316
220
128
46
28
1
0
1629

-33%
41%
-6'4
26·..
129'4
53'4
300'4
0'4
0'4
-2%

104

157

689

693

73

527

791

156

36

18

19

2430

2579

6'4

0
0
0
0
0
0
0
0
104

0
0
0
0
0
0
0
0
157

133
1
3
1
162
6
114
40
229

211
0
3
0
130
0
69
18
262

20
0
0
0
0
1
21
0
31

42
3
5
1
61
5
80
0
330

53
5
6
0
44
1
89
0
593

3
0
0
0
1
1
12
0
2

299
10
11
3
241
16
441
40
1367

367
13
12
1
190
14
387
19
1576

23·..
30·. .
9'4
-67'4
-21%
-13'4
-12'4
-53%
15%

157

689

693

73

527

791

0
0
0
0
0
0
0
0
36
0
36

4
0
0
0
0
0
5
0
9

104

4
0
0
0
0
0
3
0
149
0
156

18

19

2428

2579

6%

0
18
4
16
4
3
4
0
7
4
0
37
7
0

9
26
6
12
6
7
6
9
13
3
0
51
0
9

24
22
21
78
30
32
4
30
10
18
28
317
49
26

25
17
5
70
57
1
4
36
12
11
35
336
39
45

7
4
1
20
3
0
0
0
1
0
0
25
4
8

35
44
3
51
40
5
6
20
1
2
16
237
44
23

18
20
0
55
85
2
10
12
4
6
21
477
42
39

0
5
0
14
48
0
0
0
0
28
15
3
0
43

0
0
0
5
14
0
0
0
0
0
0
17
0
0

0
0
0
4
7
0
0
2
0
0
0
3
0
2

5
2
0
0
2
0
0
3
0
0
0
3
2
2

94
233
36
256
205
47
62
78
26
59
124
809
150
256

119
175
23
240
200
19
43
84
35
34
125
1115
108
259

27'4
-25'4
-36'4
-6%
-2%
-60'4
-31%
8%
35%
-42'4
1%
38%
-28%
i·..

104

157

689

693

73

527

791

156

36

18

19

2435

2579

6%

74
9
4
2
72

128
24
13
5
38

287
69
35
6
6

209
101
43
5
2

20
11
6
3
6

199
69
17
7
12

150
36
36
18
34

20
11
6
3
6

0
0
0
0
36

4
4
1
0
2

15
1
0
0
2

916
273
80
23
403

981
251
116
31
258

7·. .
-8%
45%
35'4
-36%

161

208

403

360

46

304

274

46

36

11

18

1695

1637

-3...

21
12
6
3
0
21
0
66
2
0
57

38
22
7
9
0
38
0
111
11
0
63

133
79
30
24

138
75
33
30

20
16
2
2

128
96
19
13

108
83
25
8

5
5
0
0

494
317
102
74

472
320
100
59

-4%
1%
-2%
-20'4

138

20

128

116

5

5

987

951

-4%

193
32
8
20

153
13
19
179

21
0
1
4

85
5
3
168

69
10
8
140

5
0
0
1
0
1
0
0
0
1
5

5
1
1
3

133

10
4
5
1
0
10
0
29
0
4
13

3
0
2
3

12
0
1
0

806
54
67
335

712
47
38
556

-12'4
·13'4
-43'4
66%

73

95

193

349

25

304

274

26

10

10

6

1262

1353

7%

11
6
4
0
0
0

17
9
6
6
0
0

30
34
15
3
4
47

17
35
21
8
4
136

1
3
0
0
0
16

4
41
1
5
3
74

6
56
7
6
4
29

0
1
4
0
0
0

81
161
49
11
19
185

65
143
53
26
29
263

·20'4
·11'4
8%
136%
53'4
42%

38

133

221

20

128

108

0
0
0
0
0
14
0
14

2
0
6
0
0
3

21

7
2
0
0
0
1
0
10

11

5

506

579

14%

ANTI-LGBTVIOLENCE IN 2008

71
Colorado

ChlClallO

Columbus

Kan..s City

Houston

Mlchillan

Loa Anllal..

2007

2008

2007

2008

2007

2008

2007

2008

2007

2008

2007

2008

2007

2008

Police Involved
Citv/munlcioal
County oolice
State po~ce
Federal Oollce
Other lsoecllvl
Unknown

24
0
0
1
0
4

20
0
0
0
0
9

9
0
2
0
0
8

15
1
0
0
0
9

47
8
0
0
12
1

40
8
0
0
5
0

5
0
1
0
0
0

0
0
0
0
0
0

8
2
0
0
0
1

12
1
0
0
0
0

0
0
0
0
0
0

0
0
0
0
0
0

55
1
0
0
6
1

50
2
0
0
1
4

Total must equal total r&oort

29

29

19

25

68

53

6

0

11

13

0

0

63

57

Police attitude
Courteous
Indlfferenl
Verballv abuSIVe/no slurs
Verballv abUSIVe/slurs
PhvsicallY abUSIVe/no slurs
Phvsically abusive/slurs
Unknown

6
10
1
2
0
0
10

5
3
1
0
0
2
16

1
4
2
1
0
0
11

5
7
7
2
1
0
3

29
26
1
0
0
0
12

32
13
0
1
0
0
7

1
4
0
0
0
0
1

0
0
0
0
0
0
0

4
4
1
0
0
0
2

4
1
0
0
1
0
7

0
0
0
0
0
0
0

0
0
0
0
0
0
0

37
16
4
1
0
0
5

34

Tota' must equal total reoort

29

27

19

25

68

53

6

0

11

13

0

0

63

57

Total number of bias Incidents

0

0

0

0

0

0

0

0

0

0

0

0

26

13

Recent ImmlOrant no documen
Unknown
Total

0
0
0
76
76

0
0
0
108
108

3
0
1
117
121

26
0
1
104
131

0
0
0
0
253

165
6
0
86
257

13
0
0
0
13

3
0
0
0
3

29
0
0
0
29

25
0
0
0
25

0
0
0
555
555

0
0
0
0
508

0
0
0
298
298

0
0
0
255
255

Disability
Yes
No
Unknown
Total

0
0
76
76

0
0
108
108

6
17
98
121

16
18
97
131

24
135
94
253

27
113
117
257

0
13
0
13

0
3
0
3

7
13
9
29

5
10
10
25

0
0
555
555

0
0
0
508

27
195
76
298

22
43
190
255

lmmiaration Status
CitizenINonrecent Immioran
Recent Immlorant wi documen

13
0
0
2
0
8

ANTI-LGBTVIOLENCE IN 2008

72
Mlmesota
2007

Haw York

2008

2007

Rochasttlr

Pannsvlvsnla

San Francisco

2008

2008

2007

I

2008

2007

I

Mllwauk..

Annual Totals

2008

2007

2008

2007

2008

Annual-'"
InclOec

I

0
0
0
0
0
21

0
0
0
0
0
38

129
1
0
2
1
0

143
2
0
0
2
74

12
4
1
1
0
2

98
1
0
0
2
27

94
4
2
0
3
5

4
1
0
0
0
5

0
0
0
0
0
14

4
0
0
0
0
1

5
0
0
0
0
0

383
14
3
3
21
69

391
22
3
1
11
155

2%
57%
0%
-67%
-48%
125%

21

38

133

221

20

128

108

10

14

5

5

493

583

18%

6
11
1
0
0
0
3

9
14
7
4
0
0
4

32
31
5
3
1
2
32

28
37
5
7
3
4
137

9
6
1
0
0
0
4

48
20
7
1
2
2
48

59
22
11
5
6
5
0

1
4
0
0
0
0
0

170
132
23
11
3
7
124

191
127
32
19
14
11
190

12%
-4%
39%
73%
367%
57%
53%

38

106

221

20

128

108

5
7
0
0
1
0
4
0
8

1
3
0
3
0
2
0

21

5
3
1
0
0
1
0
0
9

9

5

470

584

24%

0

21

34

37

2

41

44

1

4

0

1

102

122

20%

0
0
0
148
148

0
0
0
219
219

0
0
0
496
496

0
0
0
424
424

0
0
0
36
36

0
0
0
336
336

0
0
0
360
360

0
0
0
19
19

1
0
0
21
22

10
0
0
1
11

18
0
0
0
18

55
0
1
2169
2225

238
6
1
1646
1891

333%
0%
0%
-24%
-100%

21
0
127
148

64
0
155
219

0
0
496
496

1
44
379
424

0
0
36
36

55
228
77
336

55
228
77
360

0
0
19
19

1
9
12
22

0
7
4
11

2
16
0
18

140
608
1677
2401

193
484
1181
2399

38%
-20%
-30%
0%

ANTI-LGBTVIOLENCE IN 2008

73

2008 NCAVP Hate Violence Report Supplements

I.

State-by-State Guide to Hate Crimes Legislation

II.

NCAVP

Q and A on Hate Crime

III. General and Online Safe Dating Tips

~

.~~~
oIlHflYlfllINClIJ9IIlIIfMMI

Stat e by State Guide on Hate Crimes legislation in the United States

....................... ~ U. .T e . - - _

State

State-based
CriminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

calls for
sentence/penalty
enhancements?

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

Al

Yes

No

No

Code of Ala. § 13A·S.
13OImposes additional
penalties "where It Is shown
that the perpetrator
commltlnsthe underlying
offense was motivated by
the victim's actual or
perceIVed race.color.
religion, national origin.
ethnlcty, or physical or
mental disability."

No

No

No

AK

Yes

No

No

No

No

No

No

AZ

Yes

Yes

No

No

Yes

No

A.R.S.41·175O
Notwithstanding section 41·2205.
the department Is responsible for
the effective operation of the
central state repository In order to
collect. store and disseminate
complete and accurate i'lrlzona
criminal history records and related
criminal justice Information.

AR

No

No

No

No

No

Ark. Stat. Ann. § 16·123-106

No

(Does
include civil)
AR
cont.

Provides action for damages
or Injunctive relief for victims
of Intimidation. harassment,
violence. or property damage
"where such aets are
motivated by racial. religious,
or ethnic animosity."
Ark. Stat. Ann. § 16·123-105
Provides cIVil action for
damages and InjunctIve relief
for deprivation of No

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State by State Guide on Hate Crimes Legislation in the United States

State

State-based
CrIminal He
Legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements?

""'-J

,...."..~

Encourages or
mandates law
enforcement training?

'-"

~.I..,..~

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

constitutional rights.

CA

Yes

Yes

Yes

Cal Pm Code § 422.7S
Enhances penalty for felony
rommitted because of
victim s aaual or perceived
"race, color, religion,
nationality, country of origin,
ancestry, disability, gender,
or sexual orientation."

Cal Pm Code § 13S19.6
Covers hate crimes training
for peace officers,

Cal Pm COde § 422.9S
Covers conditions of
probation for hate crime
perpetrators. including civil
rights training and payments
to organizations that help
hate crime victims.

Cal Pm Code § 628.1
Mandates development of reporting
form for hate crimes. for use by all
school districts and county offices of
edLcation.
Cal Ed COde § 44670.3
Addresses staff development
aaivities to assist school personnel
in building greater awareness of
issLes of diversity, prejudice, and
discrimination.
Cal Ed Code § 233.8
Mandates regional training to assist
school district personnel in the
identification and determination of
hate violence on school ca mpuses.

CO

CT

Yes

Yes

Yes

Yes

Yes

Yes

No

Conn. Gm. Stat. § S3a-40a
(2001) DMandates sentence
enhancement for "persistent
offenders of crimes Involving
bigotry or bias.•

No

Yes

The victim, or a member of
the VictIm s Immediate
family, is entitled to rerover
damages from any person,
orsarization. or c1ssooattOn
who commits or Incites
others to commit hate Crime,

No

No

2000 Ct. ALS
(I!ff. 7/01)DStates
that the Division of State Police
within the Department of Public
Safety shall monitor, record and
classify all crimes committed In the
state which are motivated by bigotry
or bias,

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State by State Guide on Hate Crimes Legislation in the United States

~

..

..,.~

St8te

State-based
Criminal He
l.e&islatlon of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

calls for
sentence/penalty
enhancements?

Encouraaes or
mandates law
enforcement training?

Provides restorative
justice options?

Encourases or mandates law
enforcement to document
He?

DE

Yes

Yes

No

11 Dc!l. C. t 1304 GI~aeascs
penalty for offender w~o
selects a vICtim based on t~e
VICtim s "race. rehglon. color,
olsabllity. scx~al orientation.
~atlOnal ongin, or ancestry."

No

No

No

DC

Yes

Yes

Yes

D.C. Code § 22-40D3
Specifies penalty
enhancement for
commission of bias crime.

No

No

D.C. Code § 22-4002
Covers collealon and publication of
data related to bias crimes.

FL

Yes

Yes

No

na. Stat. t ns.oas

No

No

Stat. t 877.19
Mandates collealon a~d
dissemination by the Governor of
data on "InCIdents of crominal acts
that evidence prejudice based on
race, rehglon, ethniclty, color,
ancestry, sexual orientation, or
nationalorigl"."

No

No

No

CEn~anccs

penalty for
crimes evidencing prejudice
based on t~e race, color,
ancestry, ethnicity. reUgion,
sexual orle~tatlon, "atioral
ong''', me~tal or physical
olsablllty, or aova~ceo age of
the victlm. '

n;o.

na.

Stat. t nS.D84S
DEnhances pe"alty for
crimes committed by
offenoers weanng hClOO or
mask.

GA

No

No

No

No

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10

Yes
Yes

Yes

No

Yes

No

No
No

No
No

No
No

No

GJ

No

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IL

IN

Yes

No

Yes

No

No

No

No

No

Yes

No

No

No

20 viLeS 260S/SsaCMandates
training for state police officers in
identifying. respondong to, and
reporting hate crimes.

No

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~y~
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State by State Guide on Hate Crimes Legislation in the United States

State-based
Criminal He
Legislation of
any kind?

State

-IA

-

Inclusive of
sexual
orientation?

-

Inclusive of
gender
identity?

---

--.....I
--.....I

--.......-., _l-.Iuwrc..o--

calls for

Encourages or
mandates law
enforcement training?

sentence/penalty
enhancements?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
HC?

-

-

Yes

Yes

No

Iowa Code § 716.6A
DlnCfeascs penalty for
institutIOnal vandalism. Iowa
Code § 712.9 [.Jlncreascs
penalty for hate crimes.

Iowa Code § n9A,4
Mandates training oeslgned
to sensitize law enforcement
personnel and prosecuting
attorneys to the existence of
violations of Individual rights
and the criteria for
determining whether a
violation of lndivldual rights
has occu rred

No

Iowa Code § 692.15 DMandates
reporting of hate crimes

KS

Yes

Yes

No

No

No

No

No

KY

Yes

Yes

No

No

Yes

No

KRS§ lS.331
Mandates the Inclusion of training
on bias related crime in basic law
enforcement training

LA

Yes

Yes

No

La. R.S. 14:107.2
Increase penalties for
offenders who select victims
based on "actual or
perceived race, age, gender,
religion, color. Cfeed.
disability. sexual orientation,
national origin, or ancestry."

La. R.S. 40:2403
Provides for the
establishment and
Implementation of curricula
and training materials to
train peace officers to
Identify, respond to, and
report all crimes "which are
directed against Individuals
or groups. or their property.
by reason oftllelr actual or
perceived race. age, gender.
religion. color, creed,
disability, sexual orientation,
national origin, or ancestry."

No

La. R.S. 40:2403
Provides for the establishment and
implementation of curricula and
training materials to train peace
officers to Identify, respond to, and
report all crimes "which are directed
against Individuals or groups, or
their property, by reason at their
actual or perceived race, age,
genaer, religion, color, creed,
disability, sexual orientation.
national origin, or ancestry."

ME

Yes

Yes

No

No

No

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La. R.S. 15:1204.S
Provides for the imposition of
penalties on agencies who fail to
comply with data reporting
requirements

No

Yes

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State by State Guide on Hate Crimes legislation in the United States

. . . . . . . . , . . - . , ... u.I.I.~

State

State-based
CrlminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements?

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

MD

Yes

Yes

Yes

No

No

No

Md. Ann. Code an. 888, § 9
Mandates the collection and a~alysis
of information relating to "Incidents
apparently directed against an
individual or group because of the
individual's or group's race. religion
ethnicity. or sexual orientation."

MA

Yes

Yes

No

No

Mass. Ann. laws tho 6, §
1168
Mandates training of law
enforcement personrel
regardirll hate crimes

Mass. Ann. laws tho 26S, §
39
Addresses crimiral penalties
for Intimidation based on
race, color, religion, natioral
origin, sexual orientation. or
disability. Requires offenoers
to complete designated
diversity awareness program.

Yes

MI

Yes

Yes

No

No

No

No

Ma. § 28.257a, MSA § 4.469(57a)
Mandates reporting on crimes
motivated by prejudice or bias based
upon race. ethnic. origin, religion,
gender. or sexual orientation.

MN

Yes

Yes

Yes

Mnn. Stat. § 609.749
Enhances penalty for
designated offenses
commlned because of the
victim's or another's "actual
or perce ived race, color,
mliglon. sex, sexual
orientation, disability, age,
or national origin."

Minn. Stat. § 626.8451
Mandates training on
identifyIng and responding
to crimes motivated by the
victim s "race, religion,
national origin. sex, age.
dlsablhty, or characteristics
Identified as sexua I
orientation ,.

No

Minn. Stat. § 626.5531
Specifies requirements for reporting
of crimes motivated by victim's
·'race. religion. national origin. sex,
age. disability. or characteristics
identified as sexual orientation."

MA
cont.

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State

""'-J
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by State Guide on Hate Crimes Legislation in the United States

___ .-..-.,.. L..-t..,-c.o.o-

State

State-based
CriminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements ?

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

MS

Yes

No

No

Mss. Code Ann. § 99·19·301
Enhances penalty for crimes
commined because of the
·aelLal Or perceived race.
color. ancestry. ethnicity,
religion, national origin or
gender of the victim, 0'

No

No

No

MO

Yes

Yes

Yes

§ SS7.035 R.S.Mo.

No

No

No

No

No

No

I

Provides enhanced penalties
for crimes the state
believes to be knowhncJy
motivated because of race,
color, religion. national
origin, sex, seXLal
orientation or disability of
the victIm or victims.·

MT

Yes

No

No

Mont. Code Anno •• § 45-5·
222
Describes enha need
sentences for offenses
committed because of

vk:t.im's

"race~ creed~

religion, color, national
origina, or invoivement in
civil rights or human rights
activities or that involved
damage, destruction or
attempted destruction of a
building regularly used for
religious worship.·

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State by State Guide on Hate Crimes legislation in the United States

o

. . . . . . . . , . . - . , ... u.I.I.~

State

State-based
CrlminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements?

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

NE

Yes

Yes

No

R.R.S. Neb. § 28-111
Enhances penalty for
offenses against a person or
a person s property because
eli the person's "race, color,
religion, ancestry, national
origin, gender, sexual
orientation, age or
disability,"

No

No

Yes

NV

Yes

Yes

No

Nev. Rev. Stat. Ann. §
193.167S
Enhances penalty for crimes
committed because the
"actual or perceived race,
color, religion, national
origin. physical or mental
disability or sexual
orientation of the victim was
different from that
characteristic of the

No

No

Yes

No

No

No

perpetrator."

NH

Yes

Yes

No

RSA 651:6
Enhances penalty for crimes
motivated "because of
hostility toward the victim's
reilgion, race, creed, sexual
orientation. national origin

52

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or sex."

NJ

Yes

Yes

Yes

NJ. Stat. § 2C:33-4
Enhances penalty for
ha rassment offenses
committed "with a purpose
to intimidate an individual or
group of individuals because
of race. color, religion.
gender. handicap, sexual
orientation or ethnicity.
NJ. Stat. § 2A:4A-43.2
f'rovide for penalty
enhancement for offenses if

N.J. Stat. § 52:9DD-9
Covers developme nt of
"cultural diversity training
for law enforcement

personnel."

No

Yes

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State-based
CrlminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements?

00

VLn__
~"-!~

State by State Guide on Hate Crimes legislation in the United States

State

....

. . . . . . . . , . . - . , ... u.I.I.~

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

committed by an adult
would constitute blasmotivated VlOlence and
IntJmldatlon.

NM

Yes

Yes

Yes

No

Yes

No

Yes

NY

Yes

Yes

No

NY CLS Penal § 240.31
Enhances penalty for
aggravated harassment.

No

No

No

NC

Yes

No

No

N.C. Gen. Stat. § 14·3
[nh<lnces pen<llty for
offenses commltt"d because
at the vICtim's race. color.
religion. nationality. or
country of origin.

No

No

No

NO

Yes

No

No

No

No

No

No

OH

Yes

No

No

No

No

No

No

01<

Yes

No

No

No

No

No

Yes

OR

Yes

Yes

Yes

No

ORS § 181.642
Mandates training on the
investigation. ldentlflC<ltion
<lnd reporting of crimes
, motivated by prejUdice
based on the percelvco race.
color, religion. national
origin. sex~al orientation.
marttill Sl<ltus, political
affiliation or beliefs,
membership 01' activity In or
on behalf of a labor
organizatIOn or against a
labor orgilnlzatlon, physiul
or mental handic.1p, age,
economic or social Stiltus or
citizenship of the vICtim

No

ORS § 181.550
Milndates the reporting of cnmes
motivated by prejUdice based on
the perceived race. color. religion.
national ortgln, sexual orientiltlon.
milntal stiltus. politlc<ll affilliltion or
beliefs. membership or activity In or
on behalf of <I labor organization or
against a labor organllation, physical
or mental handicap. age. economic
or social status or citizenship of the
VICtim"

OR
cont.

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State by State Guide on Hate Crimes legislation in the United States

N

. . . . . . . . , . . - . , ... u.I.I.~

State

State-based
CrlminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements?

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

PA

Yes

No

No

18 I'3.C.S. § 2710
Enhances penalty for
persons who commit
spedfled offenses with
"malicious Intention toward
the race, color, religion, or
national origin' of the
victim.

No

No

71 P.S. § 250
Imposes power and duty on the
State Police to collect Information
relating to crimes and Incidents
related to the race. color, religion or
national ongin of individuals and
groups.

RI

Yes

Yes

No

R.t Gen. Laws § 12·19-38
Enhances penalty where the
offender selects t~e victim
• because of hatred or
animus toward the actLal or
perceived disability, religion,
color, race, national origin or
ancestry, sexLal orientation,
or gender' of that person.

R.t Gen. Laws § 42-28.2-8.1
Provides for mancatory
training standards on
Instruction for police officers
in identifying, responding to,
and reporting hate crimes
inodents.

No

R.I. Gen. Laws § 42-28-46
Provides for the development of a
system monitoring the oca;rrence
of, and collecting data regarding
aimes motivated by , radal,
religious, ethnic bigotry or bias on
any other matter oefined as a 'hate
crime' ,

SC

No

No

No

No

No

No

No

SO

Yes

No

No

No

No

No

No

TN

Yes

Yes

No(in
progress)

No

No

No

No

TX

Yes

Yes

No

Tex. Penal Code § 12.47
Enhances penalty for offense
committed because of boas
or prejLdice

No

No

Tex. Gov't Code § 411.046
Provides for t~e establishment and
maintenance of a central repository
for the collection and analysis of
Information relating to crimes that
are motIVated by prejLdice, hatred,
or advocacy of violence

TX

cont.
UT

Yes

No

No

No

No

No

No

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VT

Yes

Yes

Yes

U V.SA. § 14S5
Enhances penalty for cnmes
motivated by the Victim s
'actual or perceived race,
color, religion, national

No

No

No

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State by State Guide on Hate Crimes Legislation in the United States

State

State-based
CriminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements?

l..;N

___ .-..-.,.. L..-t..,-c.o.o-

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

ongln, sex. ancestry, age.
se rvice i I' me armed forces
at the United States.
handicap, sexLal orientation
or gerder identity."

VA

Yes

No

No

Va. Code Ann. t 18.2-S7
Enhances penalty for assault
and battery committed
against a person selected
because of his 'race,
religious conviction, color or
national origin."

No

No

Va. Code Ann. t 52-8.5
Provides for the creation of a central
repository for the collection and
analysis of Information relating to
cirminalaets commItted against a
person or his property with the
specific Intent of Instilling fear or
Intimidation because of that
person's race. religion or ethnoc
origin.

WA

Yes

Yes

No

No

Rev. Code Wash. (ARCWI t
43.101.290

No

Rev. Code Wash. IARew) t
36.28A.030
Provides for creation of central
repository for the collectIon and
classification of Information
regarding crimes of bigotry or biils.

Mandates training In
Identifying. responding to,
and reporting crimes of
bigotry and bias.

WV

Yes

No

No

No

No

No

Yes

WI

Yes

Yes

No

WIs. St~. t 939.64S
Enhances penalty for
offenses where victIm Is
selected because ofthe
offender's "belief or
perceptloo regarding the
race, religIon, color.
disability, sexual orientation,
natIOnal origin or ancestry
at the victim

No

No

No

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WIs. Stat. t 939.641
Enhances peralty for mask
wearing.

WY

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No

No

No

No

No

No

No

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State by State Guide on Hate Crimes Legislation in the United States

State

State-based
CriminalHC
legislation of
any kind?

Inclusive of
sexual
orientation?

Inclusive of
gender
Identity?

(aIls for
sentence/penalty
enhancements?

~

___ .-..-.,.. L..-t..,-c.o.o-

Encourages or
mandates law
enforcement training?

Provides restorative
justice options?

Encourages or mandates law
enforcement to document
He?

No

No

Va. Code Ann. § 52·8.5

ongln, sex, ancestry, age,
se rvlCe in the armed forces
at the United States,
handicap, sexLal orientation
or gerder identItY "

VA

Yes

No

No

Va. Code Ann. § 18.2-S7

WA

Yes

Yes

No

No

Rev. Code Wash. IARCW) §
43.10L290
Mandates training In
Identifying, responding to,
and reporting crimes of
bigotry and bias.

No

Rev. Code Wash. IARew) §
36.28A.030
Provides for creation of central
repository for the collection and
classification of Information
regarding crimes of bigotry or bias.

WV

Yes

No

No

No

No

No

Yes

WI

Yes

Yes

No

Wls, Stat. § 939.645
Enhances penalty for
offenses where Victim is
selected because ofthe
offender's "belief or
perceptloo regarding the
race, religIOn, oolor,
disabilItY, sexual orientation,
national origin or ancestry
at the victim

No

No

No

Enhances penalty for assault
and battery committed
against a person selected
because of his "race,
religious conviction, color or
national origin,"

Provides for the creation of a central
repository for the collection and
analysis of Information relating to
arminal acts committed against a
person or his property with the
specific Intent of Instilling fear or
Intimidation because of that
person's race, religion or ethnIC
origin,

52

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Wis. Stat. § 939.641
Enhances penalty for mask
wearing.

tr:I

Z
10

WY

No

No

No

No

No

No

No

o
o

CP

85

ANTI-LGBTVIOLENCE IN 2008

Hate Crimes Legislation Frequently Asked Questions

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Why all this focus on ‘hate crime?’ Is there really any such thing as a ‘love crime?’

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The term hate crime is the current buzz word, but it is a misnomer. Essentially, it is referring to illegal acts which are committed
against somebody because of the perpetrator(s) prejudices or biases against a group to which the perpetrator believes the victim belongs. The terms „bias-motivated violence‟ or „bias-motivated crime,‟ make more sense but are not used as commonly.

So what is the difference between a bias-motivated (or hate) crime and a bias-motivated (or hate) incident?
Bias-motivated crimes refer specifically to acts which are illegal - robberies, assaults, vandalism, homicide to name a few - where the
motive (or one of the motives) of the offenders is his or her bias against the person he or she is targeting. A bias-motivated incident
or bias motivated violence refers to any act committed against someone because of the offenders‟ biases. For example, yelling
„faggot‟ at someone on the street is not illegal, but it is still a bias-motivated act of violence.

What difference does it make what the motive for a crime was? If someone is beat up for being gay, is that somehow worse than
someone who is beat up by a mugger, for example?
The question is not about one act being worse than another, but about the reasons for the action and the impact it has. An example
where motive matters: If a stranger bumps you and then immediately apologizes, because the contact was accidental, most of us
would be less irritated than we would if we were bumped and the person responded with “get out of my way” instead of an apology.
Even a minor act of intentional intimidation is more upsetting than an accident with perhaps more damaging effects. The motive the intent to intimidate - is important. Similarly, most of us would agree that someone charged with assault who shows that their
motive was self defense, ought to be acquitted. The motive of keeping oneself safe justifies the act.
The overall effect of the violence is also relevant. Violence perpetrated randomly, or solely for economic gain, certainly causes harm
and trauma to the victim. However, when a person or a group intentionally selects a victim based on a belief that the victim is more
deserving of violence or more vulnerable to violence, the trauma and fear is compounded. In the U.S., people belonging to certain
groups are taught to expect violence in our lives solely because of who we are or how we look. Those groups include women, people of color, lesbian, gay, and bisexual people, transgender and gender nonconforming people, homeless people, people with disabilities, young people, and elderly people, to name a few. When a member of one of these groups is targeted because of hatred against
that group, the fear generated by that act ripples out into the larger community.
Doesn’t hate crime legislation interfere with free speech rights? Especially for people who disagree on religious grounds?
Hate crime legislation is about addressing actions that are already illegal. Hate speech is not illegal unless it is intended to threaten
or incite violence. Therefore, hate speech is legal anywhere in the U.S., regardless of what hate crime laws are in place. It is a myth
that hate crime legislation regulates speech, religion, literature, media, or any non-criminal acts of hatred.

What groups do they protect?
The answer to this depends on ones location. Legislation can include race, ethnicity, religion, national origin, ancestry, age, disability, sexual orientation, gender, HIV status, immigration status, and gender identity but most jurisdictions do not currently include all
of these categories.

86

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

It sounds like you’re saying that the lives of some people are more valuable than others. Otherwise, why have special laws for
them?
The laws were established to recognize and respond to the reality that some groups are more likely to be targeted for violence than
others. For example, the FBI estimates that gay men are 400 times more likely to be targeted for violent crime than their heterosexual counterparts. So the idea of providing extra protection comes from the reality of extra targeting.
For the most part, the legislation does not protect specific groups of people, but rather broad categories. It is not written to protect
Jewish people but rather to protect people targeted based on religion, for example.

What do hate crime laws actually do?
This also varies regionally. Hate crime legislation usually calls for penalty or sentencing enhancements. It can also include provisions for law enforcement education, research, documentation of hate incidents, funding for prevention initiatives, public awareness
campaigns, and restorative justice options.

Does NCAVP support hate crime legislation?
NCAVP‟s current position is in support of legislation that mandates law enforcement tracking and reporting of bias motivated violence, and law enforcement training and education on how to identify bias motivated crimes and to respond sensitively to victims, as
well as legislation providing for public education initiatives, victims‟ rights, funding for prevention initiatives, public awareness
campaigns, restorative justice options, community accountability, and rehabilitation programs for offenders. NCAVP opposes legislation that calls for enhanced sentencing or penalties for those convicted of hate crimes.
Why doesn’t NCAVP support penalty enhancement? That seems like the most important aspect of the law.
We do not support sentencing enhancements because they are, by definition, reactive, happening after an act of violence has already
occurred. The biggest problem, however, is the issue of sentencing subjectivity. Racism, sexism, classism, and homophobia result
in heavier sentences consistently being handed down to the exact same communities who are targeted for hate violence in the first
place. Women and men of color in particular who are found guilty of committing bias crimes are given tremendous sentences.
Racism, sexism, and other forms of oppression are still impacting our legal system. As long as this is happening, NCAVP does not
support enhanced penalties as a solution to the problem of hate violence. The root of sentencing disparities (institutional racism,
sexism, homophobia, etc) and the root of hate violence (interpersonal racism, sexism, homophobia, etc) are one in the same.
Additionally, prosecution and conviction is rare. Consistently, NCAVP member programs work with survivors of hate violence
whose cases are not classified as such by law enforcement. Even when they are, often this element is dropped in prosecution because it can be difficult to prove. Enhanced penalties for hate crimes cannot serve as a deterrent if cases never even get classified as
bias. In situations where people are correctly identified and convicted of committing bias-motivated crimes, their „enhanced sentence‟ is enhanced in length only. Incarcerated people are not unlearning hate in prison.

What about survivors who call your organization for help? What if they want hate crimes penalty enhancement or the death penalty as part of the sentence for someone who attacked them?
NCAVP and our member programs completely support victims, survivors, and their families in advocating for whatever sentencing
they deem fair in their situation. While NCAVP will not endorse enhanced penalties legislation, we absolutely will not impose a
position on any individuals within our communities, nor their friends, families, or allies.

ANTI-LGBTVIOLENCE IN 2008

87

General and Internet Safe Dating Tips

~Y:~
V~~~~NrL4CMUJBT~

Considering the large number of people who have met online for sex and dating, the occurrence of violence is relatively low. But
there are some people who cruise with intention to harm. If you are targeted by one of these people, it is important to know it is
NOT YOUR FAULT. Nobody has the right to violate your boundaries or commit violence against you. The following tips may
help you identify when someone you are meeting has negative intentions.
Trust your gut.
When meeting up with someone new, if you get a feeling that something isn‘t right, trust your instinct and exit the situation. If you
are afraid of offending the person, you can do so politely.

But what if I am overreacting? Sometimes I feel uncomfortable but can‟t actually name a reason.

Trust your gut! It has gotten you this far. Sometimes, we get a feeling of discomfort or fear based on cues that we can‘t identify at
that time. Our survival instincts sense danger faster than our logical mind. You may not be able to identify what made you nervous until later.
Get a face picture and phone number before meeting them:
A picture is better than simply a physical description. If they send you a picture, but the person who shows up looks nothing like it,
that is a sign that you should probably exit the situation. If the person knows you have their photo in your email inbox, it could
make them wary of doing something to harm you. A phone number allows you to talk beforehand (more on this below) and is
another piece of information you can leave around or give to a friend.
If/When you decide to meet someone in person, meet in public:
If you are only conversing online, you may not have enough information to assess someone‘s intentions. If you agree to meet up
with only one person, but multiple people show up, do not go with them. If you meet up and the person doesn‘t look like the picture, ask them about it. If they don‘t have a satisfactory answer, exit.

But why meet in public if we are meeting up for sex only?

To be safe, meet in public close to your destination, and spend a few minutes talking about what you want to do (and what you
don‘t want to do) sexually. This gives you some time to get a sense of this person with others around.
Meeting in private:

I really don‟t want to meet in public. Is it safer for me to host or for them to host?
There are safety advantages and disadvantages to both.
If you host:
• Leave all valuables out of sight, locked away, or with a trusted friend.
• Keep items that could be weapons out of sight (scissors, knives, bats, etc).
• Stay awake the entire time the person is there - no sleepovers the first time. Items can disappear while you are asleep and your
safety could be in jeopardy.
• Generally speaking, it is better not to host if you don‘t live in a secure building. Remember, after one visit, the person knows
where you live.
• Keep your cell phone charged and close to you at all times*. If someone refuses to leave when you ask them, some options
include using command type language (i.e. ―Get out of my house now‖), calling police, calling a friend, or activating your silent
alarm (more below). Do what makes the most sense to you.
• While we do not have conclusive research on this yet, we have noted that many pick-up crime murders appear to happen at
the home of the victim or in a third private location such as a hotel, rather than at the home of the assailant.

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

88

People attempting identity theft often use picking people up as the way to get access to documents, targeting people of their
same gender. Be aware of someone looking different than their online photo, be aware of elaborate stories they tell you about
who they are, as these could be signs of someone trying to intentionally deceptive. Don‘t be afraid to ask questions about
them – and to ask them more than once – to note if their answers stay consistent.
*The police or your friend(s) can‟t be there immediately after you call. This is a good safety measure to employ, but
don‘t count on it being your only one.

•

If they host:
• PLEASE tell at least one person the exact address where you will be and for how long.
• Set up a silent alarm (more on this below).
• Bring your phone and keep it charged.
• Do not accept drinks, even water, at the person‘s home unless you observe the drink being poured. Date rape drugs have no
odor or flavor even in water.
• If somebody else is at the home when you get there, exit. Most people hosting a guest will ask roommates to clear out.
• If at any point you feel uncomfortable or unsafe, leave immediately. You don‟t have to give an explanation. If someone
prevents you from leaving, firmly re-state your intention to leave. More under the ―Use your Voice‖ section below.

Isn‟t it rude to leave? What if we haven‟t „finished?‟ Shouldn‟t I finish what I started?

NO. You have the right to change your mind and cease sexual activity at any stage. Your emotional and physical safety comes first.
Consenting does not take away your right to stop. If someone doesn‘t respect a boundary you set, no matter how small, this is
a sign that they may not respect other boundaries as well. You deserve to be respected at all times. Leave if they do something you
ask them not to. You will find other sexual partners.
Meeting in public
• Meeting up in well-lit place is best, a café or restaurant with other people around.
• If you would rather meet at a bar or a club, remember to get your own drinks. If you drink at all, drink only a bit. Intoxication
may be seen as a vulnerability. If someone insists on getting your drink for you, tell them no. If they still don‘t respect that,
please do not to take the drink and consider ending your time with the person.
• Another advantage of meeting in public is that you can bring friends with you. They can watch your back and they can let you
know their impressions of your date.
• If you decide to leave with the person, get the address of where you‘ll be and their phone number. Introduce them to the bar
tender, friends, or acquaintances before leaving. Let them know you gave info to your friends so they know where you are
for safety.
Asserting Your Boundaries:
Use your voice.
Will someone really stop if I tell them to? What if I just make them angry?
One should always take verbal threats seriously, but know that verbal self-defense is a great first line of defense. Resistance
breaks the assailant’s script and places doubt in their mind about their ability to commit the crime. Note: there is a difference between being aggressive and assertive. Being aggressive is often perceived as confrontational and threatening. To deescalate a situation, it is important to criticize the behavior, not the person. We can exercise our rights without denying the
rights of others by choosing to be assertive Below are steps to assertive communication:
Maintain confident body language- Stand/sit tall, keep your head up, shoulders back
Make eye contact.
Respond firmly and quickly.
Speak in a steady, calm voice.
Use clear, command-type language, and use “I-statements” (i.e. “I feel uncomfortable when you talk to me that way
and I want you to stop.”).

ANTI-LGBTVIOLENCE IN 2008

89

Be specific as to what behavior it is you want stopped.
Send a clear and consistent message with your words, voice, eyes, and body language.

~Y:~
V~~~~NrL4CMUJBT~

More verbal techniques:
Name The Behavior that the person has just done or said that has made you feel uncomfortable (i.e. ―Stop touching me after I‘ve
asked you to stop.‖)
Broken Record Technique involves repeating your command. This is especially useful when someone appears intoxicated or is
indecisive on what to do next. (i.e. ―Leave my apartment now. Leave my apartment now!)
Make a Scene and Enlisting the Help of Others strips the person of the power of secrecy and sends the message that you are
not ashamed to call attention to the situation in public.
It also lets others around you know what is happening. To enlist the help of others be directive (i.e. pick a person out of the crowd
and address them directly with commands such as ―Call 911!‖)
Reasoning or Negotiation will distract an assailant. They are expecting things to go a certain way, and you responding differently
throws them off. Negotiation may include asking the assailant to use a condom, put a weapon down, or to move to a different location. THIS IS NOT THE SAME AS GIVING CONSENT! You may decide at any point to resist, escape or comply. All are
options for survival.
Making Yourself Human/Distraction violates the assailant‘s idea of you being fearful and silent. When you are active, you become real and not necessarily what they expect. It is more difficult to hurt someone who is seen as a human being rather than an
object.

What is a Silent Alarm?

There are numerous ways to utilize your cell phone as a safety tool. If you do not have a cell phone, and you are not going to be in
public place, try to make sure there will be a landline before you agree to go. Tell one friend that, if everything is going well with
your date/ hook up, you will call or text at a specific time (usually after the date is over) with a specific code word. It should be
something not guessable – i.e. NOT ―all is well,‖ ―I‘m fine,‖ etc. This word (could be a color or a flavor of ice cream or a fruit, for
example) tells the friend that all is well and the alarm is disarmed. Beforehand, tell your friend the address of where you will be and
you both agree on the code words and what the friend should do if you do not call. Typically, the agreement is that if you call and
say ‗everything is fine‘ but do not use the code word, the friend should call police. And if you do not call or text at all at the time
agreed upon, the friend should call you. If you do not answer or if you answer and do not say the code word, your friend should call
the police.

I really don‟t want to tell my friends that I am cruising online. I am embarrassed about it. Plus, I don‟t know if any of
them would even do this for me.

TONS of people meet online. It is nothing to be embarrassed about. But even if it‘s not possible to confide in someone, it is possible set up the alarm without telling them exactly why. If you really do not want anyone to know, or you don‘t feel like you have
time to set one up, leave the picture of the person you are meeting open on the desktop of your computer and leave your computer
on, with the person‘s name, e-mail address or chat name, phone number, and address of where you‘ll be written down nearby and
easily visible.
A few other reminders:
Set up an anonymous e-mail account if you plan to communicate outside of a dating site.
Do not publish your address, phone number, or e-mail address in personal ads.
Ask lots of questions when chatting, but don‘t necessarily take every answer at face value. Remember online, you cannot read
nonverbal, body language cues.
If someone is abusive to you online, block them right away.

•
•
•
•

.ANT1-LC;BTV10LENCE 11-1" 2CII]8

90

•
•

If you decide to meet in person, do not rely upon your date for transportation and do not provide transportation for them.
Even if you have met them in person once or twice before, stay alert. There have been reports of perpetrators targeting someone after multiple meet ups. If at any point you feel uncomfortable, even if you have never felt that way this person in the
past, exit the situation.

I am Transgender. Should I tell my date? And if so, when?

There is no absolute right or wrong answer to these questions. Such a decision is very personal. Above all else, remember it is
your right to choose if or when to discuss your gender identity, your genitals, or any other part of your body. If someone insults or
attacks you because of their expectations about your body, that is NEVER YOUR FAULT.

Do I have to disclose the fact that I am trans to my partner?

NO. Plenty of non-trans people do not have discussions about their gender or their bodies prior to having sex. However, while
you do not owe it to anybody to talk about your genitals prior to a sexual encounter, it may be safer to do so. It may also be less
awkward or uncomfortable in general. So it may be ideal make space to have a conversation about the type of sex you would like
to have beforehand. If this is simply not your style or not an option, that is okay.
In terms of safety, there are advantages and disadvantages to disclosing in various situations. Your decision may be different depending on the person you are talking with and how sensitive or aware they seem.
Disclosing in a personal ad:
The advantage of this is that you have a better shot at weeding out people who are unfamiliar with trans people which may mean
not having to endure as many annoying questions on a date. Another distinct advantage is attracting people who are specifically
attracted to your gender identity and/or your body type. Disadvantages? You may also attract people who eroticize trans people
in a non-respectful way. If you feel any discomfort from the language someone uses with you in an e-mail, feel free to tell them so
and/or ignore or block them.
Disclosing in an e-mail or chat:
If you are responding to another person‘s ad, disclosing at some point during the chat or e-mail exchange is an option. Again, you
have the advantage of getting the conversation at least started before you meet in person and if there is a negative reaction, you
don‘t have to deal with it face-to-face. A possible disadvantage could be that if someone responds negatively, they could potentially forward your e-mail or publicly ‗out‘ you online or otherwise invade your privacy. This is why it is good to create an anonymous e-mail account.
Disclosing over the phone:
Privacy violations or public outing are probably less likely to happen this way if someone responds negatively. Also, being able to
hear someone‘s tone of voice and gage their language use in real time can be helpful. E-mail and chatting can easily be ‗rehearsed‘
and can be less authentic. A phone conversation can give you a more realistic impression of how sensitive or knowledgeable someone is about trans people.
Disclosing when cruising in person:
Some trans people, when meeting potential dates or sex partners in person, choose to reveal information about trans identity and/
or body before a sexual encounter. Unlike an online conversation, you will be able to read body language and other nonverbal
cues. Often times, discussions about trans identity can be accompanied by discussions of what the two of you do and do not want
to happen, and discussions about safer sex.
Disclosing on a date:
A date can be an ideal time to talk about gender identity, since general discussions about your lives, background, family, etc will
likely be happening. If someone responds in a way that makes you uncomfortable, you will be in public. Again, it can be brought
up in the context of a safer sex discussion, or in the context of your past.

91

ANTI-LGBTVIOLENCE IN 2008

~Y:~
V~~~~NrL4CMUJBT~

Disclosing during a sexual encounter:
Some people choose to have gender identity, genitalia-related, and/or safer sex discussions at this point. It may feel like having the
discussion prior would be assuming too much or that the opportunity just wasn‘t there. Waiting until this point does in fact allow
you to be certain that a sexual encounter is desired. One potential disadvantage however is that you may no longer be in public at
this point if the person responds in a threatening manner. Also, sexual conversations can actually sometimes be less awkward when
they are brought up in a non-sexual setting, like a public place. Sometimes it can actually be harder to talk about personal, sexual
topics after sexual activity has already begun.
-----These are safety tools that have been useful for some people in some situations. You are never responsible for the actions of
someone else, so you are not to blame if following some or none or all of these tips doesn‘t prevent an attack.

Tips like these can sometimes feel silly or paranoid, but they can often be helpful when meeting strangers. Use the ones that fit
best for you. Follow your instincts, and remember that you do not deserve to be mistreated. For more information, contact NCAVP at 212.714.1184 or info@ncavp.org.

ANTI-LGBTVIOLENCE IN 2008

92
NCAVP thanks the following members for your hard work throughout the year
Governance Committee

Chris Cozad, Buckeye Region Anti-Violence Organization
Connie Burk, The Northwest Network of Bisexual, Trans, Lesbian, & Gay Survivors of Abuse
Jovida Ross, Community United Against Violence
Laura Velazquez, Center on Halsted Anti-Violence Project
\ Ill' 'Inl
Melissa Pope, Triangle Foundation
Quillin Drew, Virginia Anti-Violence Project
Rebecca Waggoner-Kloek, OutFront Minnesota
Tandra La Grone, In Our Own Voices
Terra Slavin, L.A. Gay & Lesbian Center/Legal Services Department, Domestic Violence Legal Advocacy Project
Trish Duffett, New York City Anti-Violence Project

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Education and Organizing Committee
Beth Savitzky, Kansas City Anti-Violence Project
Crystal Middlestadt, Colorado Anti-Violence Program
Gary Heath, Buckeye Region Anti-Violence Organization
Kelly Costello, Colorado Anti-Violence Program
Lisa Gilmore, Center on Halsted Anti-Violence Project
Melissa Pope, Triangle Foundation
Quillin Drew, Virginia Anti-Violence Project
Rebecca Waggoner-Kloek , OutFront Minnesota
Sam Aguilera, Puentes LGBT Resources
Shannon Perez-Darby, The Northwest Network of Bisexual, Trans, Lesbian, & Gay Survivors of Abuse
Membership Committee
Ann Atkins, Safe Space, a program of RU 12? Queer Community Center
Brenda Pitmon¸ Safe Space, a program of RU 12? Queer Community Center
Darlene Torres, New York City Anti-Violence Project
Kelly Costello, Colorado Anti-Violence Project
Lisa Gilmore, Center on Halsted AVP
Morgan Lynn, WEAVE Inc AVP
Philip Burse, In Our Own Voices, Inc.
Immigrant Rights Committee
Ben Kudler, Fenway Health
Dilcia Molina, Madre Tierra
Fareen Ramji, New York City Anti-Violence Project
Georgia Carpenter , Triangle Foundation
Kelly Baumgartner, Gay Alliance of the Genesee Valley
Leslie Moncada, Madre Tierra
Quillin Drew, Virginia Anti-Violence Project
Sam Aguilera, Puentes LGBT Resources
Wilson Montoya, Long Island Gay and Lesbian Youth
If you or your organization would like to become members of NCAVP, please contact the New York City Anti-Violence Project at
212.714.1184 or info@ncavp.org.

"~rlr,,