Crime Time
Phoenix police caution GLBT community about increased hate crimes that may occur because of the November marriage amendment
By Luis Garcia
PHOENIX —The Phoenix Police Department wants to make sure the GLBT community is aware that hate crimes in the Phoenix area have the potential to rise this year due to the marriage amendment on the November ballot.
Detective Tambra Williams, the police liaison to the GLBT community, hosted a hate crimes seminar for the Men’s Discussion Group at the 1 Voice Community Center on July 7, educating group members on how to identify a hate crime and how to properly respond to a bias crime.
According to Williams, there was a rise in hate crimes against GLBT people in 2006 when Prop. 107, Arizona’s first attempt to change the Arizona Constitution to define marriage as a union between “one man and one woman,” was up for a vote.
“In 2006, when we had the marriage amendment, there was a sharp increase in bias crimes against our community,” Williams said. “And now, here it comes again. Anti-gay hate crimes do happen in Phoenix, but the police are properly trained to handle them. You should not be afraid to call on the Phoenix PD if you are involved or have witnessed a bias crime.”
The PPD’s bias/school detail received 1,262 cases for the year 2007, and 81 of them met the Federal Hate Crimes Statistics Act guidelines for the national Incident-Based Reporting System. Anti-gay attacks accounted for 23 percent of the reported bias crimes in Phoenix.
“We all need to be educated on the difference between a bias crime and an incident,” Williams said.
Members of the group asked Williams how they could prevent such crimes from happening. Williams told the group not to walk to their car alone when leaving a bar.
“I have police officers outside of Charlie’s for your protection,” Williams told the group. “They are not there to cause problems, but to help. Ask one of them to walk you to your car. Ask a bartender or a friend to walk you to your car. And if someone does begin to cause problems, get in your car and drive away. A lot of hate crimes can be avoided. If someone calls you a ‘fag’ or a ‘dyke,’ that is not a crime. Just leave.”
Williams also said that one of her major concerns occurs when people meet through chat lines.
“Do not invite these people to your house,” Williams said. “I have seen people get tied up and robbed. You don’t know who these people are. Meet them at a public place like most people, but do not invite them into your home.”
Furthermore, Williams expressed concern that some hate crimes are not reported to the police.
“Unfortunately there are some men who are either married or not openly gay who do not report an attack because of the fear someone will find out about them, “Williams said. “The public does need to be aware that the Phoenix PD is trained to handle bias crimes. We are here to help.”
What is a hate crime?
"A crime committed against persons or property, which is motivated by an individual's dislike of a race, religion, ethnicity, national origin, disability, sexual orientation or gender."
If a person or a group is threatened, harassed, assaulted, even murdered, or someone's property is damaged by any means, including arson, a crime has occurred. If the primary reason the crime took place is because of someone's race, religious beliefs or practices, national origin/ethnicity, disability, sexual orientation or gender, a hate crime may have been committed.
What should I do if I become the victim of a hate crime?
Victims should immediately report any and all such activities of crimes to their local police department for investigation and prosecution. Hate crimes are harsh, emotional, destructive and sometimes violent crimes. The only way to stop hate crimes is to report them.
If it happened to you, it has probably happened to others in your community. The police work closely with business groups, neighborhood associations and citizen organizations such as the Arizona Hate Crimes Advisory Board Inc. These crimes create a great deal of fear and distrust. If you fail to report these crimes, you add to the problem.
Are there specific laws against hate crimes?
Arizona currently maintains an "aggravated" or "increased sentencing" statute. This law provides that if a person is found to be responsible for a felony crime, and evidence satisfactory to the court is presented, indicating the victim was intentionally selected because of race, religion, gender, national origin or sexual orientation, the court may impose a greater sentence of up to 10 additional years.
What if I am not sure it's a hate crime?
Example: If someone makes a racial or religious remark that is offensive to you, that person has not necessarily committed a crime. Their remarks may be considered "protected speech" under the First Amendment. If you assault that person in retaliation for the remark, then you have committed a crime. However, if that same person assaulted you while spouting racist or religious slurs, then you may be the victim of a hate crime
If you are not sure whether you are a victim of a hate crime, call the police and report the incident. You may be the victim of a hate crime, discrimination, civil rights violations or all three.
Police departments only investigate criminal offenses, but if a different type of violation exists, you will be informed about your options. You may be told that a hate crime did not occur, but you still may be the victim of a crime. If that's the case, a police report and an investigation into the incident are still important.
Important numbers:
GLBT Phoenix Police Advisory Board: 602-262-7658
Bias Crime Detail: 602-495-5976
For emergency, call 911
Source: Phoenix Police Department
Arizona Hate Crimes Law
Arizona law allows "evidence that the defendant committed the crime out of malice toward a victim because of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3 or because of the defendant's perception of the victim's identity in a group listed in section 41-1750, subsection A, paragraph 3" to be used as an aggravating factor in sentencing. Ariz. Rev. Stat. §13-702 (2003). Section 41-1750 lists sexual orientation as a protected group.
Additionally, Arizona law requires that the Department of Public Safety must report and collect data of criminal offenses based on sexual orientation. Sexual orientation is defined only as heterosexual or homosexual. Ariz. Rev. Stat. §13-702 (2003).
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