Tuesday, June 28, 2011

Hate Crimes


As we observe hate crimes awareness month, let me explain the nature of a hate crime. They are crimes motivated by a particular bias such as disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

Crimes based on race or ethnicity generally represent 60 percent of all hate crime events, followed by sexual orientation-based crime and then closely by crime based on religion. According to statistics through 2009 from the Department of Justice, hate crimes have been on a general decline since 2001. However, violent crimes still make up around 63% of hate crime.

I want to highlight a case my office recently prosecuted and convicted two men for the beating of a Sikh taxi driver based on the perception that the driver was Muslim. On November 28, 2010, Harbhajan Singh, the cab driver, drove the defendants and their wives home from Harlow’s Bar in Sacramento. Mr. Singh wore a traditional Sikh turban and beard. At the conclusion of the trip, one of the men demanded more change than the fare allowed. Singh merely hesitated to the demand, and then was attacked by the men just as Singh turned to comply. One of the men shouted racial epithets and accused Mr. Singh of being Muslim, then punched Singh in the face repeatedly while the other man attacked from behind. Mr. Singh was almost pulled from the car, but this was prevented by the wife of one of the men and Mr. Singh’s seatbelt. Mr. Singh was able to escape while the two men were distracted by the wife’s efforts. Mr. Singh suffered significant injuries, including a fracture to his eye socket.

The West Sacramento Police were able to find the assailants because the wife who intervened lost her cell phone in the process. The police used the phone and fingerprints collected from the victim’s blood to find two suspects, and a series of interviews established the roles of the two men in the attack. The man with the greater part in the attack pled to the assault and the “hate crime” enhancement and was given a 13 year sentence, due in part to his conviction for a prior assault.

Mr. Singh did nothing to provoke this vicious attack except to be from a different culture. Attacking someone because of their race, religion or other protected basis is not only heinous, but against the ideals we hold as Americans, and must not be tolerated. My office remains committed to diligently prosecuting this type of crime.

Information on hate crime statistics may be found in the latest report by the Attorney General.