R.H.V.P. and Hate Crimes Follow Up

**Our thanks to Ashleigh, from F-Words, who was our acting producer for this show**

Today's show was a follow-up to the Rally for Peaceful Communities, held on October 7th, 2009, resulting from two highly publicized hate crimes in the City of London that occurred last September.

Highlights from the Rally included an address from Mayor Anne Marie Decicco-Best and from Deputy Chief of the London Police Department, Brad Duncan.

"And I don't want my London, or your London, to be a place where someone is walking down the street and needs to look over their shoulder. I don't want our London to be a place where people are afraid to be in their neighbourhood or in a place of business. The acts of violence that we've seen in particular over the last couple of weeks, but that I would say at any time, are reprehensible, they are appauling, and they are unacceptable," says Decicco-Best.

"And it's been our commitment and our mandate as a police service to work with our community and our council, but I think it's broader than that - to work with the community at large, in making sure that we understand we all have a role to play if we want London to be the best and safest city anywhere," she continued.

Deputy Police Chief Brad Duncan reiterated the mayor's sentiments.

"As the Mayor has indicated, the London Police service is committed to providing a safe, and secure community for all our citizens. A community that is supportive of everyone regardless of race, ethnicity, cultural background, or sexual orientation....streets where individuals and couples can walk freely - free from harassment and violence; free to work, live and play in our city. We will not tolerate violence in any form, perpetrated against those who have done nothing wrong, and targeted by those who prey on someone simply because of who they are."

"I commit to you, that anyone who becomes a victim of violence, will be treated with compassion and understanding. We will investigate and charge persons who engage in hate crimes, ensuring that our victims are protected and the offender is brought before the courts."

As per Duncan, the LPD investigates approximately 30 hate-motivated crimes a year in London - of those reported cases, over 30% involve a member of the LGBT community.

Marcel Marcellan, Diversity Officer of the LPD, shared some initiatives the police department prepared in response to this commitment.

"My message to you tonight," began Marcel, "Is that we are not only listening, but we are doing something."

The initiatives presented included: an education and awareness campaign with the assistance of community partners, plans to host a hate crimes community conference at the police headquarters - to discuss solutions to the problem of under reporting (particularly in the LGBT community), producing outreach materials (pamphlets and brochures) to raise awareness of the issue, goals of strengthening and supporting available resources (community services, victim services, help lines and support groups), and to host a presentation at the police headquarters on the R.H.V.P. (Report Homophobic Violence Period) program.

Six months post-rally, Marcel joined us once again to share with our audience what has been accomplished in terms of those initiatives, and those changes that have been implemented to encourage hate crime reporting, and promote the LPD as a safe and supportive resource to those who have been the victim of a hate-motivated incident or crime.

He informed us that the LPD has been working alongside the HBT (Homophobia, Biphobia, Transphobia) Working group, to prepare for the launch of the RHVP (Report Homophobic Violence Period) program on May 17th, 2010 - the International Day Against Homophobia.

The RHVP program (a successful initiative from Toronto) encourages the reporting of 'hate-motivated crimes' and 'hate incidents', both named and anonymously.

Hate incidents were defined by the program as events that occurred that did not involve a criminal offence. Examples of 'hate incidents' included things like name calling and verbal attacks. These events are important to record and track, as there is definitive progression in hate-motivated acts: it begins with name-calling, and if consequences are not received, escalates to slurs, harassment, discrimination, and eventually violence.

In an information session provided by the LPD, regarding the RHVP program, the importance of reporting, both crimes and incidents, was stressed. Without people like Erik Rozenski stepping forward, both to police and society in general, we are all unaware that the issue truly exists, is such a significant problem, and requires resources to be dedicated to its prevention and handling.

And it IS a significant issue. In a survey taken by Pride London, 28% of the LGBT population have been the victim of a violent, hate motivated attack (double that of NY State). Of those who were victims, 22% failed to report.

A percentage of those who don't report, refuse to seek medical attention for their sustained injuries. This also means they fail to receive the proper counselling and support to deal with the psychological impact of such an event.

"It's so much more traumatic than any other type of victimization," Constable Thomas Decker, the LGBT Liaison of the Toronto Police Service, stated in the RHVP information session.

A regular offence tends to target an individual or group based upon random occurrence, or is motivated by monetary value - otherwise 'what they have.'

Hate motivated offences target individuals or groups, with intention and motivation based on, specifically 'who they are' - attacking the very core of their being.

"What is very, very frightening, when it comes to hate crimes, against the [LGBT] community," says Decker, "Is that 56.3% of those crimes are violent crimes. They are the most violent ones and they are all against the person."

Dan Pugh, chair of the HBT working group, also noted that that this was not simply an LGBT issue. Heterosexual people, who are perceived to be gay, are also finding themselves subject to homophobia - in both schools, and society.

Erik agreed, referencing an incident that had been brought to his attention after he spoke out about his attack - he told the story of a woman had been assaulted by two men who thought she was a gay male, until they tore off her shirt and saw she was wearing a bra.

Stuart Thompson, writing for The Gazette, also penned an article speaking to his experience as a straight male experiencing homophobia on Richmond Row, in London.

Such incidents and attacks affect more than just the individual involved, Constable Decker noted.

"...you as a community, now, are infuriated, you are hurt and you are afraid. You don't trust. So it has a destabilizing factor in society at large. Other vulnerable communities also will be more alert. Because...if there are people out there who go and randomly bash LGBT folks - well, what is there to prevent these group of people to target members of the Black community, of the Asian community, of the Jewish or Muslim community. So other groups are impacted as well."

This impact was felt again on November 8, 2009, a month after the Rally for Peaceful Communities, in which a hate-motivated crime was committed against a 52-year old Muslim woman. After entering an elevator, she was assaulted by a man who stabbed her in the arm with an object, then forcibly removed her head covering and destroyed it.

In Constable Decker's opinion, "...the most shocking statistical evidence that we have, is that hate crimes are a youth phenomenon. And that's frightening. If you think that, Canada wide, the [2006] report of Stats Canada - the Justice Statistics and Profile series....over half of the victims of hate crimes are between the ages of 12 and 24. Canada wide. And over 2/3 of all people accused of a commission of a hate crime in Canada are between the ages of 12 and 24. Our educational facilities - our Schools, our Colleges, our Universities, are the second most likely place for a hate crime to occur."

Due to the rise in prejudicial violence and bullying in education institutions, the Ministry of Education has implimented a curriculum change, introducing diversity education as early as Grade 4. The hope is to stop the behaviours that are leading to issues of violence and harassment in secondary and post-secondary institutions.

While the upheld commitments of the City and Police Services have been a positive step forward, Erik (and the LGBT community) are still reeling from the final sentencing of Michael Gordon, the young man who attacked Erik and his boyfriend as they walked down a street, holding hands, on their way home after a birthday celebration.

Their attacker, and another unknown assailant, called the pair 'faggots' and made inappropriate sexual comments as they passed. Then, without warning, the two men attacked the couple from behind, knocking Eric to the ground and continually assaulting him. Erik's then-boyfriend managed to call 9-1-1 from a cell phone, scaring the attackers off.

Gordon was apprehended and charged with assault.

In Canada's Criminal Code, there are no specific charges relating to hate crimes. Hate motivation is merely a sentencing recommendation - once a conviction is secured, and hate motivation is sufficiently proven, the judge must take it into consideration when determining the final sentence.

Unfortunately, conviction with sentencing considering hate motivation, is rare - due to something Decker described as the 'attrition funnel'.

The attrition funnel is like an upside down triangle, with the criminal event at the top, and the conviction at the bottom. As the crime trickles down through the judicial system, there are factors that can prevent a hate crime from reaching the final sentencing stage.

Hate crimes can be lost if the first officers on the scene are not properly trained, hold personal bias, or fails to ask the right questions - the event may not be seen as hate motivated or evidence may be dismissed.

"...they haven't received much in the ways of hate crimes training and they attend a bar fight. And during the investigation someone says, 'well, yeah, they were calling this guy a fag, too' - OK? Well, that [officer] may think, 'well, there was alcohol involved and it's just a common swear word anyway. So, there's no big deal about it.' And that officer is not going to investigate this any further."

These crimes can also be lost through administration errors. If filed reports aren't properly flagged as a hate motivated occurrence, they will not be recognized as such by the commanding officers, or handed to the division responsible for investigating the crime.

The police services can also lose when it's determined that it's 'just easier to charge for something else,' as there is no specific hate crimes charge.

The biggest loss of hate crime convictions tend to occur in the plea bargaining stage of prosecution. To avoid costly and time-consuming trials, the accused will be convicted of a lesser sentence. More often that not, the hate motivation is the first condition to be dropped when negotiating a plea.

And lastly, if a hate motivated crime does make it to sentencing, it can be lost based on the subjectivity of the judge.

Such was the case in regards to Erik Rozenski's attack, which has the LGBT community reeling.

Ontario Justice John Getliffe, handed Gordon a two year suspended sentence with probation and supervisory conditions for 4 months. The terms of his probation include: to abstain from consuming alcohol or entering a licensed bar that serves alcohol, to continue to attend anger management and seek professional counselling, to be banned from any London/Middlesex establishment that is deemed to be of GLBTQ patronage, to provide a letter of apology, repayment in the sum of $140 for replacement of Erik's bloodstained jacket, and Gordon cannot attend or enter any establishment that is Erik's home, work, or educational institution.

The prosecution was seeking 60 days in jail, 12-months probation with most of the former conditions, and that Gordon have community service working with the LGBT community as a form of sensitivity training.

Getliffe refused to hear victim impact statements, and justified the weak sentence by stating that there was insufficient evidence to be sentenced as a hate-motivated attack, that the defendant was intoxicated to the point of no recollection, and that 'it did not seem in Gordon's character to make homophobic remarks.'

Rozenski disagrees, relating that Gordon's mother addressed him with an anti-gay slur during proceedings.

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Dan Pugh responded to the decision by issuing the following press release from the HBT working group:

An Issue of Deep Concern for our Community!

(London, ON) In response to the recent news concerning the sentencing of Michael Gordon, who assaulted Erik Rozenski on September 27, 2009, the London Homophobia-Biphobia-Transphobia (HBT) Working Group would like to make several statements:

First, it is most unfortunate that the sentence neither included nor referred to the assault as one that was motivated by hate, particularly as Gordon is reported to have used a homophobic epithet during the assault. Negative homophobic slurs like “faggot”, “dyke” and “queer” clearly represent oppression, harassment and discrimination and should be recognized as such. It is critical that we treat homophobic, biphobic and transphobic incidents seriously and reflect this not only in terms of community responses (rallies, reporting mechanisms, programming, training, outreach), but also in terms of the legal process through hate crime designations (evidence permitting) and sentencing.

Second, if the assault was in no way motivated by hate – as suggested by the Judge’s decision not to designate the incident as a hate crime prior to sentencing - why does part of Gordon’s probation involve staying away from LGBT identified locations throughout our city? If Gordon’s actions were not motivated by hate, then he should – in theory – pose no further threat to members of LGBTT2Q communities, which would make a requirement to avoid LGBTT2Q establishments irrelevant. Yet, there appears to be a contradiction between the case verdict and the sentence conditions that suggests Gordon may still pose a risk to LGBTT2Q community members. How are we, as a community, to make sense of this?

Third, the statement that implies Gordon’s intoxication and inability to recall the events of September 27 somehow absolves him of any responsibility for targeting a community member based on their sexual orientation seems irresponsible at best. What about taking responsibility for one’s actions? Being excused of violent, negligent, or ill-advised behaviour because we’ve had too many drinks establishes a problematic precedent with potentially horrific consequences for all cases involving alcohol consumption, including those that involve impaired driving charges, for example. If a driver who is under the influence of alcohol injures a pedestrian but cannot remember the incident because they were intoxicated, are they somehow less responsible for causing bodily harm?

Fourth, we cannot overstate the importance of reporting hate motivated activity. Homophobic incidents can - and do- happen frequently. The entire community needs to understand that if hate-motivated crimes go unreported, it is impossible to adequately support survivors and create positive change. If you experience or witness a hate-motivated incident, call the Hate Helpline (519-951-1584) and contact the Hate/Youth Crime Unit at the London Police Service; a third city-wide reporting option called the “Report Homophobic Violence Prevention Period” campaign will soon be introduced by the HBT Working Group and the London Police Service.

The HBT Working Group is a community-wide collaborative that both responds to and advocates against all forms of social and institutional homophobia, transphobia, and biphobia and hate-motivated violence in our community. The members of the working group meet on a regular basis to share information, access support, and organize two annual community events to recognize the International Day Against Homophobia (May 17) and Trans Remembrance Day (November 20).

Contact Information:
Daniel Pugh, Chair
On behalf of London HBT Working Group
519-434-1601 x 230
www.hatehurts.ca