It’s not racism because I’m a minority too. It’s not sexist because I’m a woman too. It’s not a hate crime because I’m gay too?

On Cinco de Mayo, two gay men were beaten during a brawl. The victims claim it was a hate crime. The defendant claims he’s gay too, so it’s not a hate crime. Is being gay a defense to a gay hate crime?

The Brawl

Jonathan Snipes and Ethan York-Adams were leaving a New York restaurant called Dallas BBQ. Reports say Snipes accidentally bumped into a table and spilled a glass of water. He claims he heard someone say, “White f****ts, spilling drinks.” Insulted by the derogatory slur against his sexual orientation, Snipes got into a heated argument with the men at the table. A brawl ensued. A man, later identified as Bayna-Lehkiem El-Amin, bashed the two victims with a chair.

The two victims claim they were attacked because of their sexuality. Meanwhile, El-Amin claims that he is gay as well, so it wasn’t a hate crime. In fact, El-Amin argues that Snipes was the aggressor in the fight.

El-Amin recently turned himself in to police. He has been charged with assault and attempted assault, but not with a hate crime. According to the New York Daily News, police sources say there is no hate crime because El-Amin is gay as well.

Hate Crime Laws

While El-Amin believes (and so, evidently does his attorney and gosh, the NYPD) he gets a pass on the hate crime charge simply because he is gay, the law isn’t written quite that way.

New York’s statute states, “A person commits a hate crime when he or she commits a specified offense and … intentionally selects the person against whom the offense is committed … because of a belief or perception regarding the race, color … sexual orientation of a person, regardless of whether the belief or perception is correct.”

A crime does not automatically become a hate crime just because the victim is gay and the defendant is straight. Similarly, the fact that a defendant is gay as well does not mean a crime is automatically not a hate crime. It would, however, be much harder to convince a jury that a gay man would have the needed intent for a gay hate crime.

Related Resources:

  • Video released of man accused of bashing gay couple over the head with chair at Dallas BBQ (WPIX)
  • Was Jewish Center Shooting a Hate Crime? (FindLaw’s Blotter)
  • Filipino Man Killed in NYC; Was It a Hate Crime? (FindLaw’s Blotter)
  • 10 States With the Most Hate Crimes Per Capita (FindLaw’s Blotter)

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