Session 4 Hate Crimes (2016)Apunte Inglés
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SESSION 4: HATE CRIMES AND GENDER-MOTIVATED KILLINGS
Most of the cases of gender-based violence are never reported and not recorded. Dark figure
Hate Crimes Any violent crime, motivated (in whole or in part) by prejudice or intolerance, based on factors such as: national origin, ethnicity, color, religion, gender, gender identity, sexual orientation, etc.
GBV & Hate Crimes 1980’s: civil rights movement (USA): statistical information on crimes committed against national, ethnic, racial and religious groups -> later, gay and lesbian organizations.
1990: Hate Crimes Statistic Act (1994): Hate Crimes Sentencing Enhancement Act.
Spain: 1995 (new Criminal Code: hate crime aggravating circumstance, including “sex”, and since 2015, “gender”).
In practice, crimes committed against national, ethnic, racial and religious groups (traditional) are more frequently considered hate crimes. More recently: sexual orientation, and gender identity.
Global homicide trends Homicide is one of the most scrupulously recorded crimes by the CJS and the health system.
Homicide data are considered among the most representative and comparable crime indicators. Homicide is the most violent crime against the person: homicide as a proxy for violent crime (homicide as the tip of the violence “iceberg”).
Examples of gender motivated killings: Are an extreme form of GBV: LGTB people (intersectionality). Killings of women by male partners / ex partners are the most extended form gender motivated killings and an extreme form of VAW.
Killings of women in history Old testament: capital punishment for adultery between a man and married woman.
Ancient Rome (patriarchy): a husband had an ancient right (ius) to kill his wife if he caught her in the act for adultery (uxoricide).
Spain: until 1961, “uxoricide because of infidelity” was punished with exile (nor prison).
Definitions of femicide “The killing of women by men motivated by hate, contempt, pleasure or the assumption of ownership of women”.
Henry VIII: death of Anne Boleyn because of adultery.
Jane Caputi: burning of women as witches, as gender motivated killings of women, who had power and knowledge, who didn’t have a husband or their prosecution as strategy of control (fear).
Mid. 1980’s: social debate on “hate crimes” and if crimes against women were (or not) hate crimes.
Dec. 1989: 14 female college engineering students were killed at the University of Montreal (massacre of Montreal). Mark Lépine referred to them as “a bunch of feminists”, and that he hated feminists. Media didn’t portrayed the case as “hate crime” or politically motivated.
Femicide is an extreme of the “continuum” of VAW (Liz Kelly, 1988) –includes different forms of sexual violence, harassment, physical abuse, etc. Femicide occurs in both, private and public realm / perpetrated by partners and strangers.
Femicide as a response to increasing autonomy of women (as during witch-hunting) and a intent of consolidate male power in periods of profound changes.
Different definitions of femicide “The killing of women by men motivated by hate, contempt, pleasure or the assumption of ownership of women”.
“The misogynist killing of women by men”.
“The killing of females by males because they are female (to include all forms of sexist killings)”.
Use of the word It is widely used in research on VAW USA, Israel: Mostly used to refer to IPH / intimate partner femicide India: include honour killings and dowry related killings Europe: o Spain: activists and some reports of the Judiciary o Italy: activists and researchers Types of femicide Intimate partner femicide: In a large number of countries is a major cause of female homicides. The definition is the same as Intimate Partner Violence but, including femicide: is very often committed when women leave the relationship for autonomy, when men can’t control them anymore.
Non-intimate partner femicide Sexual femicide.
Honor killings are acts of vengeance, usually death, committed by male family members against female family members, who are held to have brought dishonor upon the family. Reasons: refusing an arranged marriage, being the victim of a sexual assault, seeking a divorce, committing adultery.
Suicides and self-immolation Dowry related killings Gender Based Violence definition: punishes those who deviate from what is considered normal in terms of social roles assigned to men and women, and punishes divergent behaviours and sexual options (Juliano, 2006).
Data on femicide In Europe, information on femicide remains neither comprehensive nor comparable.
There is insufficient information on murders of women, and not all cases of gender-based killings of women can be identified.
Even in Spain, where records are kept of murders of women by partners or ex partners but not of other gender-based killings. Women’s organizations maintain that there are almost twice as many femicides as the official figures state.
Data on IP femicide While figures for homicides have tended to fall in Europe in recent years, figures for domestic homicides –which are the cases that affect women the most –have not fallen.
Half of the women murdered in Germanydied at the hands of their partner or former partner.
France: the number of women murdered in ‘domestic violence’ has risen btw 2011 –2012 by more than 20%.
Italy: women’s organizations report a sustained increase in female homicides in recent years.
The paucity of information on femicide makes it impossible to adopt effective policies and preventive measures. Crimes committed by partners or ex-partners of women are surely far more predictable and avoidable than other homicides Consequences of femicide UN Women: “Violence against women and girls is both an extreme manifestation of gender inequality and discrimination, and a deadly tool used to maintain women’s subordinate status” Homicide and fear of women: women’s homicides are much more in the news than men’s (over-representation of VAW in the media).
CJS responses to femicide They are “easier” cases than those of VAW (when the victim is alive -> “problematic”: - directive model (mandatory arrests, no drop policies, etc.) - empowering model (women’s decisions) It’s too late: most of IP femicide could be prevented.
Importance for criminology The production of improved data both on lethal and non-lethal violence on women is fundamental for raising awareness and formulating evidence-based policy responses, including in the field of criminal justice Most of IP femicide could be prevented: - IP femicide perpetrators are always known prevention.
- State responsibility for prevention this human rights violation is more concrete.