Crimes committed because of hatred and prejudice do not have a place in Oklahoma, which is why the state has a hate crime law in place. When two women were recently beaten and sexually assaulted while leaving an Oklahoma City nightclub, the crime focused a glaring spotlight on inadequacies in the state’s hate crimes law.
The victims identifying as members of the LBGTQ+ community, and their description of the attack and the comments directed at them by their attackers, point toward this being a crime motivated by hate. When police eventually catch the attackers, prosecutors have assault and other crimes to lodge against them, but the perpetrators will not be charged with violating the state’s hate crime law.
If the victims were attacked because of their race, color, religion, ancestry, national origin, or disability, their attackers would be charged with committing a hate crime. However, assaulting someone because of their gender identity, as appears to have occurred in this incident, escapes punishment as a hate crime in Oklahoma.
It may be time to review the current law and discuss what needs to be done to improve it.
What is a Hate Crime According to Oklahoma Law?
The word “hate” often leads to confusion when it comes to hate crimes. Hate typically refers to disliking another person or having feelings of rage or anger toward them. However, the “hate” in hate crimes refers to the bias someone feels toward another person or a group of people with characteristics defined by the statute.
For example, the hate crime law in Oklahoma makes it a crime to assault, batter, or threaten another person or damage someone else’s property when motivated by their race, color, religion, ancestry, national origin, or disability. Contrast this with the federal law that makes it a hate crime to commit an offense based on any of the following, whether actual or perceived attributes:
- Race
- Color
- Religion
- National origin
- Sexual orientation
- Gender
- Gender identity
- Disability
The assault on the women outside the Oklahoma City nightclub could be prosecuted as a hate crime under federal law. The failure of the Oklahoma statute to specify sexual orientation, gender, or gender identity leaves prosecutors without an essential weapon in the fight against hate and bias.
What is the Impact of Hate Crime Laws?
As of the writing of this article, the attack on the two women remains an open investigation. Police have a photograph taken by one of the women of the license plate of the car used to escape, so an arrest is likely but not certain.
Filing criminal charges, such as assault and battery, addresses the harm inflicted upon the victims of the attack by punishing those who committed the crime. Those convicted of violating a hate crime law face fines and jail sentences in addition to those imposed by the court for other criminal charges lodged against the person.
For example, the existing Oklahoma hate crime law is a misdemeanor punishable by a maximum fine of $1,000, incarceration in the county jail for up to one year, or a combination of imprisonment and fine. The crime becomes a felony for anyone charged and convicted of a second or subsequent offense. The felony carries a fine of up to $10,000, imprisonment for up to 10 years, or a combination of both.
Amending Oklahoma’s Hate Crime Statute
The enactment of a hate crime law sends a message rejecting hate and bias directed against members of specific groups or segments of the community. It lets those people, such as the women attacked in Oklahoma City and other members of the LBGTQ+ community, know they deserve the protection of the law. It also sends a message to potential offenders of the steps the state takes to protect members of vulnerable groups from being singled out for harm.
According to the most recently available data from the U.S. Department of Justice, crimes motivated by the sexual orientation of a victim increased by 19% in Oklahoma. This should serve as a wake-up call to state legislators about the need to expand the protection of the hate crime law to include sexual orientation, gender, and gender identity as motivation factors.
