...transcript of a speech by Mark Sherry on the underreporting of hate crimes against those with disabilities. The figures reported do not include, for example, crimes reported where data is not taken as to whether a person is disabled or not; do not include crimes which are called abuse /neglect because they are committed against the person with a disability; do not take into account the ability of the person to report the crime, whatever circumstances might limit that including institutionalization; do not take into account under reporting due to fear, dependence or other factors.
Interesting to note the low numbers in light of the number of news stories that hit the papers regarding incidents of folks in wheelchairs being seriously assaulted and sometimes, sadly, killed on our streets. Also interesting considering the testimony of folks in institutions who report assaults and other crimes - however these are clearly designated into the category of abuse/neglect instead.
civilrights.org takes the position that new legislation is needed and reports:
"Enactment of the Hate Crimes Prevention Act (HCPA) has remained unfinished federal legislative business. The HCPA would expand the federal criminal hate crimes statute by removing unnecessary obstacles to federal prosecution of hate crimes based on race, religion, and national origin and providing authority, for the first time, for federal prosecution of certain hate crimes based on sexual origin, disability, and gender. Current federal law (18 U.S.C. Sec. 245) leaves federal prosecutors powerless to intervene in bias-motivated crimes unless they can establish the victim's involvement in a Federally-protected activity -- such as voting or going to school. Moreover, federal authorities cannot investigate or prosecute crimes involving death or serious bodily injury based on sexual orientation, gender, or disability-based bias when local law enforcement is unavailable or unwilling to proceed. "
Currently, only 29 states and the District of Columbia include coverage for disability-based crimes.
"Morality cannot be legislated but behavior can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless. "
Martin Luther King, Jr.
1 comment:
Neighborhood hate crimes would be underreported due to fear of retaliation also. The vulnerability factor is important if police do not follow through.
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