Expanding the definition of hate crime to include goths
A few weeks ago The Ultimate Goth Guide discussed the recent movement in the UK to have the definition of hate crime extend to people in subcultures, i.e. goth communities. Apparently, the definition of hate crime in the UK includes race, religion, gender identity, sexual orientation and disability, but it does not extend to personal appearance or subculture. (That, by the way, is similar to how it is defined here in the states.)
It seems that the hesitation of including different subculture communities is a fear that it will be too difficult to know where to draw the line (e.g., would legislation that includes different subculture communities mean that die-hard football fans for a certain team would be covered?)
This movement in the UK seems so progressive when compared to the states — I can’t imagine a similar movement taking off here.
Anyway, I recently stumbled upon this abstract for a recent (2012) article in Criminal Justice Policy Review entitled “Examining the Boundaries of Hate Crime Policy: Considering Age and Gender.” I haven’t purchased the article yet, but it looks good. It discusses Britain’s hate crime policy and why certain groups, i.e. alternative subcultures, are excluded from protection.
Also worth noting, the article mentions the work of Jon Garland who, as it turns out, has written somewhat extensively on hate crimes and recent violent attacks on goths and other subcultures including the murder of Sophie Lancaster.
Here is a link to an interview with Jon Garland and the mother of Sophie Lancaster, Sylvia Lancaster, on labeling Sophie’s murder Sophie as a hate crime.
Here are two of Garland’s articles that are probably also worth checking out.
- Garland, J. (2010) ‘The Victimisation of Goths and the Boundaries of Hate Crime’ in N. Chakraborti (ed.) Hate Crime: Concepts, Policy, Future Directions, Cullompton: Willan, pp. 40-57.
- Garland, J. (2010) ‘It’s a Mosher Just Been Banged for No Reason’: Assessing the Victimisation of Goths and the Boundaries of Hate Crime’, International Review of Victimology, 17 (2): 159-177.
Jon Garland, by the way, appeared on this segment of BBCs Thinking Aloud with Sylvia Lancaster, Sophie’s mother, where they discussed hate crime policy and the application to Sophie’s murder.
Interesting. It is good to see academics take Sophie’s death seriously.
[...] course, I guess if you’re going to have hate crime legislation at all, it oughta include protection for goths. Share this:StumbleUponDiggRedditFacebookTwitterLike this:LikeBe the first to like this [...]
I hate “hate crimes” « The Legal Satyricon said this on March 20, 2012 at 11:33 pm |
[...] Of course, I guess if you’re going to have hate crime legislation at all, it oughta include protection for goths. [...]
I hate “hate crimes” « The Legal Satyricon | The Crime Defense Blog said this on March 21, 2012 at 12:36 am |
[...] were reduced. Although McDermott believes she was attacked for her goth appearance, such attacks are not considered “hate crimes” and aren’t met with enhanced [...]
Is 7 years in jail enough for stomping a goth’s face? | Backward Messages said this on July 13, 2012 at 1:58 am |
Continually extended aggravated assault law is entirely unnecessary. It is arguable whether even the racially aggravated crime provided for in the 1998 Act was necessary in the first place and I have always thought that it was nothing more than a political sop. Existing assault law is entirely capable of dispensing justice according to the severity of the crime and if judges can be relied upon to sentence according to that severity it merely wastes legislative effort fiddliing around with well established legislation and precedent.