DIP ME IN CHOCOLATE AND THROW ME TO THE LESBIANS: Homophobic hate crimes, the state and civil society.

Author: Kerry Williams
Created: 2012
Country South Africa
Format pdf
Attribution
Owner institute for security studies
This article describes some of the shortcomings in the prosecution of a homophobic hate crime as well as a non-governmental organisation’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, demonstratedthe harmful effects of homophobic hate crimes and made arguments that these effects should be usedin aggravation of sentence, suggests that NGOs may take on a new proactive roll in the prosecution ofcrimes involving some forms of prejudice. The NGO was unsuccessful in that the magistrate ultimatelypassed a lenient sentence, in the form of correctional supervision. The sentence included a condition tha the perpetrators participate in ‘awareness programmes of gays and lesbians’, conducted by civil societyrather than the state. In so doing, the court missed an opportunity to respect, protect, promote and fulfilthe rights of gays and lesbians.
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