"Dip me in chocolate and throw me to the lesbians": Homophobic hate crimes, the state and civil society
This article describes some of the shortcomings in the prosecution of a homophobic hate crime as well as a non-governmental organisationâ€™s attempt to influence the sentencing of the perpetrators. The fact that an NGO believed it was necessary to intervene in a criminal case, was allowed to lead evidence, demonstrated the harmful effects of homophobic hate crimes and made arguments that these effects should be used in aggravation of sentence, suggests that NGOs may take on a new proactive roll in the prosecution of crimes involving some forms of prejudice. The NGO was unsuccessful in that the magistrate ultimately passed a lenient sentence, in the form of correctional supervision. The sentence included a condition that the perpetrators participate in â€˜awareness programmes of gays and lesbiansâ€™, conducted by civil society rather than the state. In so doing, the court missed an opportunity to respect, protect, promote and fulfil the rights of gays and lesbians.
This work is licensed under a Creative Commons Attribution 4.0 International License.
SACQ is licenced under a creative commons licence (CC BY) that allows others to distribute, remix, tweak, and build upon your work, even commercially, as long a they give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
Copyright for articles published is vested equally between the author/s, the Institute for Security Studies and the Centre of Criminology (UCT).