A hate crime has been ruled out because the LGTBI flag is carried by "sympathizers" or homophobic insults are common
A judge refuses to investigate whether there was a discriminatory motive in the actions of two men against another bisexual with arguments such as that they did not know the complainant or that the insults uttered «fucking fagot","cocksucker»Or "I'm going to make you straight as hell»Occur in any heated discussion. The head judge of the Court No. 21 of Valencia argues that the rainbow flag bracelet, characteristic of the collective LGTBI, they wear it every time «more supporters»Or that homophobic insults made against the complainant are heard«repeatedly in heated arguments»Regardless of sexual orientation to rule out that the attack suffered by a man bisexualWhen he was riding a motorcycle he could be considered a hate crime.
The events date back to last February, when Isaac Pebble he went with his motorcycle for Valencia and he was "accosted" by two men in a parallel car. When they came to a red light Pebble He reproached them for their attempt to run over him and when asked why, they replied «for fucking fag. We have seen your cocksucker face from the car«. By threatening to call the Police, they snapped: «If you call we make you straight as hell. I kill you«.
Mild Threat crime
The magistrate refuses to investigate the facts as a possible hate crime or against moral integrity, as requested by the complainant, and continues the process for a minor crime of threats, that is, she will only investigate the «I kill you»Who supposedly snapped at him. The victim considers that the attack occurred because of his sexual orientation and because of how the accused perceived him: he is bisexual "with a feather", he describes, and among other things, he wore painted nails, long hair and a bracelet LGTBI visible.
According to the criminal lawyer expert in hate crimes Laia Serra, »We are looking for a laboratory case, that of an ultra who goes out to hunt gays, but hatred is daily«. He assures that in order to determine whether or not an attack is a hate crime, it is necessary to «deeply evaluate a mosaic of elements»And before any indication«there is an obligation to investigate»The possible discriminatory motive.
"TheMotivation is something that logically belongs to the internal forum and sometimes it is difficult to draw conclusions from it, but for a long time we have been working on indices or elements of polarization«, Explains the lawyer. In the case of the collective LGTBI, are part of the characteristics of the victim, gestures, clothing, expressions of affection, whether or not they carry any symbol, or any distinctive element, but also features of the aggressor, if he belongs to certain groups, what insults he has used or if he has shown contempt by the collective previously.
Insults that are heard «in heated discussions«
The judge believes, however, that the facts lack «enough entity»To fit in this way, and uses a series of arguments: regarding the rainbow symbol on the wrist, the magistrate argues that it«does not point to or identify you sexually»Because each time they are«more numerous" people "sympathizers" of the movement LGTBI. Nor do nails, which "are not a tell-tale sign of sexual condition," rather "are closer to" people called "alternatives."
In addition, the magistrate argues that the insults they uttered to her (which according to the complaint are "fucking fagot","cocksucker","we are going to make you straight as hell«) Are expressions that«sadly»Are heard«repeatedly in heated arguing situations, regardless of the sexual status of the brawl participants«. For the judge «hatred towards the people of the collective was not being incited" otherwise "disrespecting individually»And uses the file of the complaint against Ortega Smith (Vox) for saying that Thirteen roses «they murdered and tortured",
Pebble defends that there has been a crime against moral integrity, contained in the Article 173 of the criminal norm, and another of the 510.2, that persecutes those who «harm the dignity of persons through actions that involve humiliation, contempt or discredit»For his membership in the group. «It is not necessary to have a training in perspective LGTBIQ to understand that if a man wears painted nails, long hair, a rainbow bracelet (which is not the general rule for men today) and two men call him a "fucking fagot," "we've seen your face. cocksucker from the car ”and“ we are going to make you straight as hell ”, it is not a set of extraordinary coincidences, but they have a causal link«, Defends.
