scholarly journals Now You See Me? The Visibility of Trans and Travesti Experiences in Criminal Procedures

2020 ◽  
Vol 8 (3) ◽  
pp. 266-277
Author(s):  
Lorena Sosa
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Criminal Law ◽  
Justice System ◽  
Hate Crime ◽  
Criminal Code ◽  
Hate Crimes ◽  
Feminist Movement ◽  
Gender Based Violence ◽  
Gender Based

In 2012, after decades of trans and travesti activism in Argentina, the law on gender identity was finally adopted. Travesti activists Diana Sacayán and Lohana Berkins were at the forefront of these efforts. The same year, after the long struggle of the feminist movement, ‘femicide,’ understood as the murder of women by men in the context of gender-based violence, was incorporated into the Criminal Code as aggravated murder. This legal amendment also criminalized hate crime based on the sexual orientation or gender identity of the victim. Mobilized by Sacayán’s murder in 2015, the trans and travesti collective sought to make the experiences of exclusion and marginalization of the travesti collective visible by coining the notion of ‘travesticide,’ and demanded it to be used in the ensuing criminal trial that followed her death. Constrained by the legal notions of femicide, gender-based violence, and hate crimes, the Tribunal introduced ‘travesticide’ in their decision, yet questions on how to properly operationalize this notion in criminal law remain. Each notion offers opportunities and poses difficulties in making the murder of travestis politically visible and accounted for. By a detailed analysis of the final judgment, this article reflects on the implications of the notions used in the trial and the possible lessons for future interactions with the criminal justice system.

scholarly journals “Or any other similar criteria”: Towards advancing the protection of LGBTQI detainees against discrimination and sexual and gender-based violence during non-international armed conflict

2021 ◽  
pp. 1-23
Author(s):  
Vaughn Rossouw
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Armed Conflict ◽  
General Rule ◽  
Vienna Convention ◽  
Gender Based Violence ◽  
Geneva Conventions ◽  
Treaty Interpretation ◽  
Gender Based ◽  
And Gender

Abstract Discrimination and sexual and gender-based violence committed against lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) detainees remains one of the most pressing contemporary humanitarian challenges. This article focuses on the interpretation of the phrase “or any other similar criteria” as contained in Article 3 common to the four Geneva Conventions, upon which adverse distinction is prohibited, in order to qualify sexual orientation and gender identity as prohibited grounds of adverse distinction. The interpretation of “or any other similar criteria” will be embarked upon by employing the general rule of treaty interpretation provided for in the Vienna Convention on the Law of Treaties, so as to qualify sexual orientation and gender identity as “any other similar criteria” and ultimately to realize the protection of LGBTQI detainees against discrimination and sexual and gender-based violence during non-international armed conflict.

scholarly journals La violencia de género y los contornos de la criminalidad por odio en la jurisprudencia sobre la agravante del art. 22.4 CP: ¿Un salto hacia lo desconocido?

2021 ◽  
pp. 89
Author(s):  
Iñigo Gordon Benito
Keyword(s):  
Case Analysis ◽  
Theoretical Framework ◽  
Criminal Code ◽  
Hate Crimes ◽  
Gender Based Violence ◽  
Essential Information ◽  
Gender Based

Han transcurrido algo más de cinco años desde que la violencia de género se instalara, todo indica que para quedarse, en los dominios de los delitos de odio. Este estudio sigue los primeros compases aplicativos de la agravante por motivos discriminatorios de género (art. 22.4 Criminal Code) y realiza un análisis exhaustivo de sentencias condenatorias en torno al precepto, lo que permitirá contextualizar y evaluar la operatividad que ha desplegado el «género» en comparación con el resto de categorías protegidas. Asimismo, un examen caso por caso servirá para recabar información esencial (perfil de agresor y víctima, fecha y lugar de comisión del delito, y categorías delictivas agravadas) sobre la fenomenología aplicativa de la agravante, así como para avanzar en el marco teórico de su fundamentación.A little more than five years have gone since gender-based violence was established in the realm of hate crimes, and there is every reason to believe that this will continue to be the case. This study follows the initial steps in the application of the aggravating circumstance of gender-based discrimination (art. 22.4 Criminal Code) and carries out an exhaustive analysis of convictions on the basis of that provision. This will make it possible to contextualize and evaluate the effectiveness of «gender» in comparison with other protected categories. Likewise, a case-by-case analysis will help to gather essential information (victim and offender profiles, date and place of the offence, and aggravated crime categories) on the phenomenology of the application of such aggravating factor, as well as to advance in the theoretical framework of its rationale.

Legislating Against Hate Crime in New Zealand: The Need to Recognise Gender-Based Violence

2004 ◽  
Vol 35 (3) ◽  
pp. 591 ◽  
Author(s):  
Charlotte Brown
Keyword(s):  
New Zealand ◽  
Hate Crime ◽  
Criminal Sentencing ◽  
Gender Based Violence ◽  
Gender Based

Section 9(1)(h) of the Sentencing Act 2002 provides that hate crime is to be taken into account as an aggravating factor when sentencing. Yet gender is excluded from the listed grounds of hostility. This article critically examines the exclusion of gender-based hate crime in New Zealand in relation to criminal sentencing. It advocates that there is a need to recognise such hate crime and proposes a reformulated section 9(1)(h) to achieve this.

scholarly journals Experiences and factors associated with transphobic hate crimes among transgender women in the San Francisco Bay Area: comparisons across race

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Akua O. Gyamerah ◽  
Glenda Baguso ◽  
Edda Santiago-Rodriguez ◽  
Aria Sa’id ◽  
Sean Arayasirikul ◽  
...  
Keyword(s):  
Gender Identity ◽  
San Francisco ◽  
Hate Crime ◽  
San Francisco Bay Area ◽  
Hate Crimes ◽  
Factors Associated ◽  
Bay Area ◽  
Police Reporting ◽  
Trans Women ◽  
Racial Ethnic

Abstract Background Trans women experience high rates of gender-based violence (GBV)—a risk factor for adverse health outcomes. Transphobic hate crimes are one such form of GBV that affect trans women. However, little is understood about factors that shape transphobic hate crimes and racial/ethnic variation in these experiences. To contextualize GBV risk and police reporting, we examined self-reported types and correlates of transphobic hate crimes by racial/ethnic group of trans women in the San Francisco Bay Area. Methods From 2016 to 2018, trans women participated in a longitudinal cohort study of HIV. Secondary data analyses (N = 629) examined self-reported experiences of transphobic hate crimes (i.e., robbery, physical assault, sexual assault, and battery with weapon) by race/ethnicity, and whether hate crimes were reported to the police. Chi-square tests and simple logistic regression examined demographic, sociocultural, and gender identity factors associated with transphobic violence experiences and police reporting. Results About half (45.8%) of participants reported ever experiencing a transphobic hate crime; only 51.1% of these were reported to the police. Among those who reported a hate crime experience, Black (47.9%) and Latina (49.0%) trans women reported a higher prevalence of battery with a weapon; White (26.7%) and trans women of “other” race/ethnicities (25.0%) reported a higher prevalence of sexual assault (p = 0.001). Having one’s gender questioned, history of sex work, homelessness as a child and adult, and a history incarceration were associated with higher odds of experiencing a transphobic hate crime. Trans women who felt their gender identity questioned had lower odds of reporting a hate crime to the police compared to those did not feel questioned. Conclusions A high proportion of trans women experienced a transphobic hate crime, with significant socio-structural risk factors and racial differences by crime type. However, crimes were underreported to the police. Interventions that address structural factors, especially among trans women of color, can yield violence prevention benefits.

scholarly journals Sexual Orientation and Gender Identity as Penalizing Criteria of Hate Speech

2020 ◽  
Vol 40 (1) ◽  
pp. 91-108
Author(s):  
Filip Mateusz Ciepły
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Supreme Court ◽  
Criminal Law ◽  
Hate Speech ◽  
Criminal Responsibility ◽  
European Law ◽  
Legal Doctrine ◽  
And Gender

The article contains arguments raised in Polish discussion on the problem of sexual orientation and gender identity as penalizing criteria of hate speech. The Author points out regulations of Polish criminal law providing conditions of criminal responsibility for hate speech and binding criteria of the penalization, draft amendments in this area presented in recent years, as well as Polish legal doctrine or Supreme Court reviews referred to the issue. The background of the analyzes are provisions of international and European law as well as selected European states.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Accountability for Sexual and Gender-based Violence During Mass Repression and in Conflict

2020 ◽  
Vol 18 (2) ◽  
pp. 307-324
Author(s):  
Daniela Kravetz
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
International Criminal ◽  
Lessons Learned ◽  
International Criminal Law ◽  
Gender Based Violence ◽  
National Courts ◽  
Gender Based ◽  
And Gender ◽  
Domestic Level

Abstract This article examines how national courts in Argentina and Guatemala are applying the international criminal law framework to address sexual violence perpetrated during mass repression and in conflict. It focuses on the emerging domestic jurisprudence in both countries and explores the challenges to prosecuting sexual and gender-based violence at the domestic level and the lessons learned from these experiences.

scholarly journals Globalizing Justice, Homogenizing Sexual Violence: The Legacy of the ICTY and ICTR in terms of Sexual Violence

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 214-219
Author(s):  
Kelly-Jo Bluen
Keyword(s):  
Sexual Violence ◽  
Criminal Law ◽  
International Criminal ◽  
Critical Role ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Gender Based Violence ◽  
Gender Based ◽  
And Gender ◽  
The One

In their contribution to the AJIL Symposium, Robinson and MacNeil remark that a prolific legacy of the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) is that “it is now commonsense that rape is and must be a war crime.” This line distills the complexity of the legacies of the tribunals regarding sexual and gender-based violence. On the one hand, it articulates the critical role of the tribunals in cementing the idea that sexual violence, hitherto largely relegated to indifference in international criminal law and policy frameworks, is worthy of international attention. Simultaneously, it encapsulates the ways in which the tribunals’ jurisprudence has been received globally to narrate a narrow conception of conflict-related sexual violence as a “weapon of war” or committed as part of “strategic” conflict-related goals. In fact, there is little that constitutes common sense about sexual violence in conflict, nor is it always, or even most predominantly, committed as a war crime, crime against humanity,or in pursuit of genocide as envisaged by international criminal law. Various studies suggest that sexual violence in war takes many forms and causalities with differentiation across and within conflict contexts.

Race, Gender, and Sexual Orientation in Hate Crime Victimization: Identity Politics or Identity Risk?

2006 ◽  
Vol 21 (3) ◽  
pp. 323-337 ◽  
Author(s):  
Edward Dunbar
Keyword(s):  
Sexual Orientation ◽  
Law Enforcement ◽  
Los Angeles ◽  
Identity Politics ◽  
Help Seeking ◽  
Hate Crime ◽  
Hate Crimes ◽  
Gay And Lesbian ◽  
Crime Victimization ◽  
The Impact

This study examined the impact of hate crimes upon gay and lesbian victims, reviewing 1,538 hate crimes committed in Los Angeles County. Differences between sexual orientation and other hate crime categories were considered for offense severity, reportage to law enforcement, and victim impact. The type of offense varied between crimes classified for sexual orientation (n = 551) and other bias-motivated crimes (n = 987). Assault, sexual assault, sexual harassment, and stalking were predictive of sexual orientation hate crimes. Sexual orientation bias crimes evidenced greater severity of violence to the person and impact upon victim level of functioning. More violent forms of aggression were predictive of gay and lesbian victim’s underreportage to law enforcement. For sexual orientation offenses, victim gender and race/ethnicity differences were predictive of the base rates of crime reportage as well. These findings are considered in terms of a group-risk hypothesis, encountered by multiple outgroup persons, that influences help-seeking behavior and ingroup identity.

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