Tema 4 (2016)Apunte Inglés
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HATE CRIMES AND GENDER-MOTIVATED
Hate crime A crime, usually violent, 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) required to gather statistical information on crimes committed against national, ethnic, racial and religious groups. Later against gay and lesbian organizations (women’s organizations were excluded They didn’t include women’s organizations because then the statistical information would be useless given the fact that there is a greater amount of crimes against women, so they would bias the other groups).
- 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 are more frequently considered hate crimes - More recently: sexual orientation, and gender identity - 2009, USA Local Law Enforcement Hate Crimes Prevention Act GLOBAL HOMICIDE TRENDS Homicide is easier to compare, because there are no significant differences between countries.
Why study homicides? Homicide is one of the most scrupulously recorded crimes (as shown on the criminal justice system and on the health system). Homicide data are considered among the most representative and comparable crime indicators and is the most violent crime against the personHomicide as a proxy for violent crime (homicide as the tip of the violence ‘‘iceberg”).
EXAMPLES OF GENDER MOTIVATED KILLINGS Gender motivated killings are an extreme form of GBV. Some of these crimes are GB killings against LGBTI people (Intersectionality).
Killings of women by male partners/ex partners are the most extended form gender motivated killings and a 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 of adultery (uxoricide) - Spain: until 1961, “uxoricide because of infidelity” was punished with exile (not prison) Henry VIII and the death of Anne Boleyn Charged of adultery Jane Caputi in his book “The Age of Sex Crime” explains the: - burning of women as witches(early modern Europe) as gender motivated killings of women - women who had power and knowledge (midwives), who didn’t have a husband, massive killings as strategy of control (fear) ORIGIN OF NEOLOGISM “FEMICIDE” - 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) o Mark Lépine (the killer) referred to them as “a bunch of feminists”, and that he hated feminists o Media didn’t portray the case as “hate crime” or politically motivated.
Femicides an extreme of the “continuum” of VAW (Liz Kelly, 1988) –includes different forms of sexual violence, harassment, physical abuse, etc. They occur 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.
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 FEMICIDE It is widely used in research on VAW.
- USA, Israel: Mostly used to refer to IPH (intimate partner homicide) / 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 - In some Latin-American countries : o 1990’s: Ciudad Juárez (México) –kidnaping, torture, sexual violence, killing of women o It’s very related to gangs crime / organized crime o In other countries (Chile, Argentina), femicide only includes IPH o More than 10 countries have enacted an specific crime of femicide/ feminicide TYPES OF FEMICIDE Intimate partner femicide In a large number of countries is a major cause of female homicides.
A batterer is generally trying to dominate the woman so as to gain power and control over her life. Violence is used as a tool to instill fear in his victim. This fear is what allows a batterer to exercise power and control over his victim. Femicide is very often committed when women leave the relationship (autonomy), when men can’t control them anymore.
Non-intimate partner femicide - Sexual femicide - Honour killings 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, (allegedly) committing adultery… - Suicides and self-immolation - Dowry related killings 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 Germany died 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 is “problematic” because: - 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 ...