2 Convicted of Murdering Transgender Teen
By AP :: September 12, 2005 :: In NYTimes
HAYWARD, Calif. (AP) -- Two men who had sex with a transgender teen and then discovered she was biologically male were convicted Monday of her murder, but cleared of hate crime charges. Michael Magidson and Jose Merel, both 25, face mandatory sentences of 15 years-to-life in prison for second-degree murder in the killing of Gwen Araujo, who was beaten, tied up and strangled.
What a horrible, senseless crime committed by these men (a mistrial was declared for a third man). If individuals were better socialized by family, peers, and society to accept individual differences and were taught and equipped with skills to manage their emotions without resorting to violence to protect their pride and cover their hurt, this sort of tragedy would never happen. If individuals who are not "of the mainstream" were nevertheless able and allowed to feel safe and open in this world, this sort of tragedy would never happen.
Yet somehow, these convicted men were found not guilty of a hate crime. How was this tragedy not a hate crime? It seems quite clear that they murdered this teenage woman simply because she was transgendered and did not tell them. How is this any different that the case of Teena Brandon, featured in the movie Boys Don't Cry?
Sidebar -- Not directly related to this case but I want to commend the language usage of the AP who address the victim as a woman, using female gendered language to describe her.
I don't think Teena Brandon's murderers were found guilty of hate crimes as part of their conviction either (all three were convicted of first-degree murder and two of the three men did get the electric chair, the third man received life in prison - but hate crime was not attached to the conviction). I think it's a good time to bring up the fact that the Local Law Enforcement Enhancement Act, a federal bill that would expand the federal definition of hate crimes to include sexual orientation, gender, gender identity and disability, has not yet been passed (see http://www.hrc.org/Template.cfm?Section=Local_Law_Enforcement_Enhancement_Act).
That means the definition of a hate crime to include sexual orientation, gender, and gender identity, then, is left up to state governments. It appears that Nebraska's definition of a hate crime wasn't amended to include these categories until 2002 (Teena Brandon's murder occurred in 1993) and even now it doesn't specifically address gender identity as included (see http://www.hrc.org/Template.cfm?Section=Nebraska&CONTENTID=20068&TEMPLATE=/ContentManagement/ContentDisplay.cfm).
California has included gender identity and sexual orientation as part of the definition of a hate crime since 2001 (Gwen Araujo was murdered in 2002), so I'm not sure why these boys would not be found guilty of a hate crime. Maybe it was particulars of the way the case was argued, and maybe it comes down to definitions of the law.
I think that one of the saddest parts of all this, though, is the fact that so many of the leaders of our country right now, those representing us in the federal government, hold some of the same judgements against the GLBT community - to the extent that they refuse to include (or are afraid to fight to include) crimes against the GLBT community, crimes like these, in the definition of a hate crime. Given the fact that they are charged with the responsibility of protecting and caring for the country's citizens through law and government policy, they are committing a hate crime themselves.
It's all extremely frustrating.
Other related sites with information:
To Join/Donate to/Support the HRC:
http://www.hrc.org/Content/NavigationMenu/HRC/Get_Involved/Support_HRC/Support_HRC.htm
The HRC site has a document including a chronology of crimes motivated by sexual orientation and gender identity to help fuel the case for an expanded federal definition: http://www.hrc.org/Content/ContentGroups/Publications1/chronology_hc_05262005.pdf
National Anti-Violence Project Hate Crime Statistics:
http://www.avp.org/