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Hate Crimes Bill signedFollow

#102 Oct 30 2009 at 8:28 AM Rating: Good
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Elinda wrote:
LockeColeMA wrote:
Elinda wrote:
BrownDuck wrote:
Ambrya wrote:
Pensive the Ludicrous wrote:
Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.


Be still my heart. Pensive and I agree on something.

In theory, hate crime legislation should be everything I believe in. I support the rights of minorities whole-heartedly, and find violence against them abhorrent. But I also find the notion of the thought police equally abhorrent. Yes, "state of mind" is permissible in some legal cases, but heaping on extra punishment not for what someone DID but for what they believe just doesn't sit right with me.


So I guess neither of you believes in anti-discrimination law either, then.
If you are going to treat a crime differently because it was committed because of 'hate' to a specific group - then you need to include ALL the groups, then you basically including everyone, then you no longer have a 'special' kind of crime, so why treat it differently. The law is the law - if murder is WORSE because you happen to hate the person for whatever reason you get a different punishment? Seems stupid.


You jumped from one concept to another. Not all crimes are done against someone because of their affiliations. It is treated differently primarily because the crime is done for a different reason. And of course we decide based on motivation. Beating someone because they're black is different than being someone who is attacking another person.

The effect of the hate is the key component. (I know I keep going with assault as a crime, but pretty much any crime can be used). If you beat a person just because they are different than you, there is a negative effect on society as a whole, not just that individual. Murder is worse if you kill a gay man for being gay because it is harmful not just to the dead man but to society as a whole, allowing hatred against a certain type of person to exist. The increased punishment is because such motivation is deemed harmful to society. Murder is still murder. Murder simply because a person is different has a greater effect.

So goes the thinking. You might disagree.
It just seems too exclusive a club. So much of our violence is domestic abuse - certainly driven by emotion. Why is a husband beating his wife any less detrimental to society than a homophobic beating a gay person?

We recently saw a man die to a hate crime for being a government employee, and while that particular case is already a federal crime cuz he was a federal employee it's not classified as a 'hate crime'.

Btw, here is the definition of a hate crime:
Quote:
A hate crime, also known as a bias crime, is a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.


As we've said already, "hate" and "hate crime" is like thinking "global warming" means "global temperatures are rising equivalently all over the world." Hate crimes encompass those that you listed. Things ARE being added to it; for example, sexual orientation and disability were JUST signed in with this act.

As for why the specified hate crimes are in there, here's one quote:
Quote:
Penalty-enhancement hate crime laws are traditionally justified on the grounds that, in Chief Justice Rehnquist's words, "this conduct is thought to inflict greater individual and societal harm.... bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest."


I think I see your point, trying to include more groups in, but you'd have to ask a legislator why domestic violence is less harmful to society than racially motivated violence. Perhaps one day it will be added in. Of course, then it wouldn't really be a "hate" crime; a woman isn't getting beaten (usually) BECAUSE she's a woman. Hate crimes attack the identity of the victims; domestic abuse doesn't necessarily do that. However, if a wife was beaten because her husband is a misogynist, and that's the reason, then it would fall under hate crime laws, IMO.
#103 Oct 30 2009 at 8:28 AM Rating: Good
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ESPN broadcaster Bob Griese has been suspended for one week for a stereotypical crack he made about NASCAR driver Juan Pablo Montoya. During a recent ESPN broadcast, a graphic appeared listing the top drivers in a NASCAR competition. When fellow analyst Chris Spielman asked where was Montoya, Griese replied he was "out having a taco."

You guys are so last week. Food racism is teh new ebil.


Montoya is doing NASCAR?? Really? Damn... I used to really like the guy when he was in F1. How's he doing in NASCAR?
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#104 Oct 30 2009 at 8:35 AM Rating: Decent
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Samira wrote:
I've been mulling this over, and while I don't think it's ever been argued in court I wonder whether the time will come when rape, at least male->female rape, will be considered a hate crime.



Wouldn't it just depend on the rape?
#105 Oct 30 2009 at 8:42 AM Rating: Excellent
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Pensive the Ludicrous wrote:
Samira wrote:
I've been mulling this over, and while I don't think it's ever been argued in court I wonder whether the time will come when rape, at least male->female rape, will be considered a hate crime.



Wouldn't it just depend on the rape?


No. That's my point, actually.

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#106 Oct 30 2009 at 8:44 AM Rating: Good
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Samira wrote:
Pensive the Ludicrous wrote:
Samira wrote:
I've been mulling this over, and while I don't think it's ever been argued in court I wonder whether the time will come when rape, at least male->female rape, will be considered a hate crime.



Wouldn't it just depend on the rape?


No. That's my point, actually.


Not all rape is about hating women, just almost all of it.

And why do you exclude female --> male rape?
#107 Oct 30 2009 at 8:49 AM Rating: Excellent
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Because I don't know anything about it.

Rapists hate women. I can't imagine a scenario where that is untrue.

But again, gender as such is not a protected category, so it's a moot point. I was just speculating.

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#108 Oct 30 2009 at 8:50 AM Rating: Decent
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No. That's my point, actually.


Yes you see I got that. I didn't get whether you were advocating that all rape would be hate crime, or that people would argue in the future, that all rape would be hate crime.

In either case, the notion that a rape necessitates a hate crime seems absurd.

Excluding unintentional or mutually regretful sex "rapes" you can still have date rapes, or stalker rapes, or even married couple rapes. It's just not difficult at all to imagine when a rape would be purely about the victim, personally, instead of the victim's class, and it's just as easy to imagine it when it is about the victim's class.
#109 Oct 30 2009 at 8:54 AM Rating: Decent
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Samira wrote:
Rapists hate women. I can't imagine a scenario where that is untrue.


Are you using "hate" in the sense of the hate all crimes seem to involve, or "hate" in the sense that hate crimes uses? There's an important distinction that was covered earlier in the thread.

And furthermore

Pensive wrote:
In either case, the notion that a rape necessitates a hate crime seems absurd.


this.
#110 Oct 30 2009 at 8:56 AM Rating: Excellent
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Okay, point taken.

Marital rape is a form of domestic abuse; and yet... all rape is about power, control, and rage. So yeah, I'm not sure they could be broken out as meaningful subsets.

Eh, whatever. Idle speculation, anyway.
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#111 Oct 30 2009 at 8:57 AM Rating: Good
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Samira wrote:

Rapists hate women. I can't imagine a scenario where that is untrue.


A couple has sex, but the girl never explicitly agreed to it. Orrrrrr... she didn't want to, but went along with it anyway. The next day she tells a friend, who convinces her to go to the police. Or they're both drunk.

As the billboards say "Sex without consent is rape."

Edit: I guess I got beaten to it.

Edited, Oct 30th 2009 9:58am by LockeColeMA
#112 Oct 30 2009 at 8:59 AM Rating: Decent
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Quote:
I can't imagine a scenario where that is untrue.


Let me try

You're a horny 20 something male. You've been dating this lady for like 2 months and DAMN she just will NOT put out. You've bought her dinner and cleaned her shoes and go shopping with her, and she reciprocates; she takes you out to cool places and lets you use her car and you feel that it's just time for yall to have sex, dammit (and she wants it too you know, but doesn't know it yet), I mean why not? You're not just attractive but you get her: with the same interests and same goals, and vice versa: you "love" her. So one night, you slip some concoction in the ginger ale and take advantage of the situation.

I can't really see how that is a crime against the lady, insofar, or aggravated, by her being a lady. It is, however, an obsession over the lady in some exceedingly warped version of... well I'm not sure I could say, but it seems as if the obsession is about her person, and not her sex.

It's still about power, sure, but it's about having power over one other human being, while the abstraction to their class is certainly possible, necessary seems too strong.

Quote:
Eh, whatever. Idle speculation, anyway.


It's better than trying to collect data! Smiley: um

Edited, Oct 30th 2009 10:00am by Pensive
#113 Oct 30 2009 at 9:02 AM Rating: Decent
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LockeColeMA wrote:
Samira wrote:

Rapists hate women. I can't imagine a scenario where that is untrue.


A couple has sex, but the girl never explicitly agreed to it. Orrrrrr... she didn't want to, but went along with it anyway. The next day she tells a friend, who convinces her to go to the police. Or they're both drunk.

As the billboards say "Sex without consent is rape."


You could even imagine scenarios where rape took place without the rapist even knowing it. Say she's under the influence of some kind of substance, but the man doesn't know it and assumes it's consensual. Maybe he doesn't know she's underage and can't give consent.

Come to think of it, I think that was in an episode of Law and Order.

Pensive wrote:
I can't really see how that is a crime against the lady, insofar, or aggravated, by her being a lady. It is, however, an obsession over the lady in some exceedingly warped version of... well I'm not sure I could say, but it seems as if the obsession is about her person, and not her sex.


A person could argue that this hypothetical case was indirectly caused or at least motivated by his assumptions or prejudices about how women should behave, i.e. that she's obliged to put out once he's bought her dinner. It's not quite misogynistic, but it's definitely pretty sexist.

Edited, Oct 30th 2009 3:10pm by zepoodle
#114 Oct 30 2009 at 9:02 AM Rating: Excellent
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Quote:
I can't really see how that is a crime against the lady, insofar, or aggravated, by her being a lady. It is, however, an obsession over the lady in some exceedingly warped version of... well I'm not sure I could say, but it seems as if the obsession is about her person, and not her sex.


Wow. I just don't even know where to begin.

So you know what? I'm not gonna. I already have the fUCking flu to deal with. That's enough of a disgusting plague for one human.

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#115 Oct 30 2009 at 9:06 AM Rating: Decent
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So you know what? I'm not gonna.


That is unfortunate, but certainly within your um.. well not right it's less stro - oh yes: you are under no obligation. Take care of yourself.

Quote:
A person could argue that this hypothetical case was indirectly caused or at least motivated by his assumptions or prejudices about how women should behave, i.e. that she's obliged to put out once he's bought her dinner. It's not quite misogynistic, but it's definitely pretty sexist.


That expectation is not exclusive to women, and an exceedingly small part of the narrative. However, were one to argue that, one would be arguing something really contingent (not necessary) and falsified by looking at gay, male, sexual expectations.

Edited, Oct 30th 2009 10:09am by Pensive
#116 Oct 30 2009 at 9:26 AM Rating: Good
Pensive the Ludicrous wrote:
You're a horny 20 something male. You've been dating this lady for like 2 months and DAMN she just will NOT put out. You've bought her dinner and cleaned her shoes and go shopping with her, and she reciprocates; she takes you out to cool places and lets you use her car and you feel that it's just time for yall to have sex, dammit (and she wants it too you know, but doesn't know it yet), I mean why not? You're not just attractive but you get her: with the same interests and same goals, and vice versa: you "love" her. So one night, you slip some concoction in the ginger ale and take advantage of the situation.

I can't really see how that is a crime against the lady, insofar, or aggravated, by her being a lady. It is, however, an obsession over the lady in some exceedingly warped version of... well I'm not sure I could say, but it seems as if the obsession is about her person, and not her sex.


Anyone who thinks they deserve sex from a woman to the point where they take it by force (and yes, drugging her into submission is still using force) shows at the least a disrespect for the female gender and a feeling of superiority over that gender.

Sure, it's about power, but not just power over that particular woman. Power over all women, really. Because he's bought her dinner and a movie and she owes him something in return. It doesn't matter what woman it is, he would've done that to any woman.

ETA: By the way, I'm not entirely invested in this argument, just trying to be helpful and see things from a different angle. I could go either way on this, probably...

Edited, Oct 30th 2009 9:32am by Belkira
#117 Oct 30 2009 at 9:41 AM Rating: Excellent
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Is this going to turn into a date rape thread? Because any new date rape thread's just going to be a disappointment after the last one.
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#118 Oct 30 2009 at 9:44 AM Rating: Excellent
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Jophiel wrote:
Is this going to turn into a date rape thread? Because any new date rape thread's just going to be a disappointment after the last one.


There's no such thing, you know. Date rape is like Hegel: without Marx, it's nothing.

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#119 Oct 30 2009 at 9:44 AM Rating: Decent
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Pensive the Ludicrous wrote:
Quote:
A person could argue that this hypothetical case was indirectly caused or at least motivated by his assumptions or prejudices about how women should behave, i.e. that she's obliged to put out once he's bought her dinner. It's not quite misogynistic, but it's definitely pretty sexist.


That expectation is not exclusive to women, and an exceedingly small part of the narrative. However, were one to argue that, one would be arguing something really contingent (not necessary) and falsified by looking at gay, male, sexual expectations.


What I was trying to imply there was that you picked a really horrible example. A guy who drugs and rapes a girl because he expects sex in exchange for dinner doesn't present a convincing argument for separating rape from misogyny. In fact, it does the complete opposite.

I agree with you. I just think you're arguing poorly.

Edited, Oct 30th 2009 3:49pm by zepoodle
#120 Oct 30 2009 at 9:46 AM Rating: Good
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#121 Oct 30 2009 at 9:47 AM Rating: Good
Samira wrote:
Date rape is like Hegel: without Marx, it's nothing.


Smiley: bowdown
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#122 Oct 30 2009 at 9:51 AM Rating: Decent
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ETA: By the way, I'm not entirely invested in this argument, just trying to be helpful and see things from a different angle. I could go either way on this, probably...


Well yeah, I know the angle, and I tried to make it more equitable in the description, but obviously, I failed to direct the focus of the readers in imagination, so I'll try again with boring prose.

There is at least a nominal difference between going on one date, buying dinner, and expecting sex as payment, and being -in dating- for two months, where it's not just one person buying dinner, but a mutual exchange of lots of things, ideal and physical. I'd suggest the difference is more than nominal, as well, because in the first case, you're more attempting to buy sex, and in the latter, sex would become part of the bond. We might could tell a story about the first date dinner currency exchange, but that's not precisely what I was trying. Regardless.

Now look, like you, I'm not imagining these things to diminish a rape... but rather to show the possibility of one person raping another person, instead of one person raping another class. Both seem to be possible to me, and you might even be able to do both at once, but they could be separated in theory. I think we lose some complexity if we totally eliminate various possibilities. I won't speculate on the actuality, but the possibility is clear as day to me.

Also, from where I'm sitting, if I were to be forcibly molested, sexually, physically, whatever, I'd feel kind of insulted if someone wanted to reduce it entirely to my class. It's not an abstract class that gets primarily assaulted (the abstract comes later, if at all); it's a breathing human, with emotions and thoughts, and I'm extremely leery of attempts to simplify those sorts of things. I don't know, maybe it could comfort someone, but if I think to the neither life-ruining nor particularly good parts of my life, I'd rather think about those events as happening to me, and not enabled purely because of what I represent.

Quote:
A guy who drugs and rapes a girl because he expects sex in exchange for dinner


Is a preposterously bad interpretation of the hypothetical...

Edited, Oct 30th 2009 10:57am by Pensive
#123 Oct 30 2009 at 10:02 AM Rating: Good
Pensive the Ludicrous wrote:
Also, from where I'm sitting, if I were to be forcibly molested, sexually, physically, whatever, I'd feel kind of insulted if someone wanted to reduce it entirely to my class. It's not an abstract class that gets primarily assaulted (the abstract comes later, if at all); it's a breathing human, with emotions and thoughts, and I'm extremely leery of attempts to simplify those sorts of things. I don't know, maybe it could comfort someone, but if I think to the neither life-ruining nor particularly good parts of my life, I'd rather think about those events as happening to me, and not enabled purely because of what I represent.


More often than not, though, I honestly believe that the person molested or raped was simply at the wrong place at the wrong time.

Also, it doesn't matter how long you've been dating someone. Expecting sex in exchange for the time you spent together or forcing it in an effort to "get closer" is disrespectful. And really, saying "she wants it, she just doesn't know it yet" shows that you regard your station as much higher than theirs.

#124 Oct 30 2009 at 10:08 AM Rating: Decent
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Pensive the Ludicrous wrote:
Quote:
A guy who drugs and rapes a girl because he expects sex in exchange for dinner


Is a preposterously bad interpretation of the hypothetical...


This is what you're going with?

Pensive wrote:
You're a horny 20 something male. You've been dating this lady for like 2 months and DAMN she just will NOT put out. You've bought her dinner and cleaned her shoes and go shopping with her, and she reciprocates; she takes you out to cool places and lets you use her car and you feel that it's just time for yall to have sex, dammit (and she wants it too you know, but doesn't know it yet), I mean why not? You're not just attractive but you get her: with the same interests and same goals, and vice versa: you "love" her. So one night, you slip some concoction in the ginger ale and take advantage of the situation.


You're going with that? It's a preposterously bad hypothetical any way you interpret it.

Anyway, I'm going to bed. Discussing rape makes me slightly uneasy.
#125 Oct 30 2009 at 10:29 AM Rating: Good
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Belkira the Tulip wrote:

Anyone who thinks they deserve sex from a woman to the point where they take it by force (and yes, drugging her into submission is still using force) shows at the least a disrespect for the female gender and a feeling of superiority over that gender.

Sure, it's about power, but not just power over that particular woman. Power over all women, really. Because he's bought her dinner and a movie and she owes him something in return. It doesn't matter what woman it is, he would've done that to any woman.



I would say that would be tough to prove that he is doing it for power over all women. It could just be the guy is an egotistical sociopath who takes what he wants from who he wants when he wants - no matter who it is. It could be, in this instance, he is taking sex. Maybe yesterday he beat a guy just for fun (happens more often then people think).

Or, the guy could just be batshÃt insane. Some people see a natural progression to things and - if that order isnt kept - will try to make sure things are "put back on track" as to how they think the events should unfold. I have OCD, and sometimes I know some of the things I do either waste time (checking things constantly) or are inefficient (task A is MUCH more important than B, yet I am compelled to do B first and I dont know why); I know these things as they are happening, but I simply cannot fight checking things repeatedly or wasting time and doing task B before A. I can see someone being crazier / more of a sociopath then myself and taking it farther.

Another example in my life now is I have 2 female friends who came out with a life plan when they were like 5. They are now both 30, and are freaking out that they had planned to be married by 27 and are not married. Sometimes people just cant handle when things dont go how they envisioned them to go, and it puts some weird mental stress / insanity on them.

Besides, a rape against a women is not always specifically about power over all women. If it was that simple, male prisoners wouldnt have their hinies plunged by other inmates on a daily basis, because no woman is involved there.

There certainly are guys out there who will rape a woman to specifically show dominance over women in general, but its not every case. Arguing so would be akin to saying every white guy who murders a black guy did it because he was black - it just doesnt work like that.
#126 Oct 30 2009 at 10:35 AM Rating: Good
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Probably the most well-known hate crimes were lynchings of African-Americans in the south. That is clearly different than random murders and the effect was different--it was a movement to terrorize all African Americans at that time. I think to ask why that's different than someone being killed for being an government employee ignores the pernicious nature of racism, for example and how it is reinforced in the culture despite the efforts of the government to enforce antidiscrimination legislation.

Just because women as a class aren't included, doesn't mean that it's not a valuable law. It just isn't far reaching enough. And I will say given the fact that this is the first major federal bill even addressing the rights of transgendered people, it's a major vicotry.

Edited, Oct 30th 2009 11:38am by Annabella
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