NCJ Number
191154
Journal
Domestic Violence Report Volume: 6 Issue: 5 Dated: June-July 2001 Pages: 65,66,75-77,78
Date Published
June 2001
Length
6 pages
Annotation
This analysis of hate crime legislation focuses on the inclusion of gender as an option for battered women.
Abstract
States have used three approaches in an attempt to criminalize bias crimes. These include prohibiting specific actions such as intimidation or harassment based on bias, prohibiting behavior motivated by bias, and enhancing penalties for conviction for acts motivated by bias. The United States Supreme Court has directly addressed the constitutionality of hate crime laws three times. The decision in R.A.V. v. City of St. Paul in 1992 prohibits the criminalization of expression. The decision in Wisconsin v. Mitchell in 1993 allows the enhancement of punishment for otherwise criminal conduct that is bias motivated. The District of Columbia and 20 of the 43 States that have enacted hate crime legislation currently include gender as a protected class. Including gender has not resulted in an overwhelming number of gender-based crimes reported as an extension of domestic violence and rape cases. The analysis concludes that the majority of rape, domestic violence, and stalking cases will not fall within the parameters of a hate crime law, but that having the statute available for certain gender-bias cases will aid prosecutors in making appropriate charging decisions.