UC students anti-gay crime update

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Every time a major crime happens, an e-mail has been sent out letting University of Cincinnati students know. As noted in a previous post, there were rumors of an anti0gaycrime. An e-mail was sent out to the student body from Greg Hand, UC’s spokesperson, that was written by Karen Patterson, captain of the University of Cincinnati Police Department. In the e-mail it was confirmed that two people were assaulted after the assailants heard that at least one of the individuals was homosexual. The e-mail can be found below:

To:    UC Community

From:    Karen Patterson

               Captain

               UC Police Department

Cincinnati Police have reported two felonious assaults that occurred on March 6, 2009, at 4:20a.m. in the 2500 block of Clifton Avenue.  

The victims were walking home when one of the victims stopped to talk to the suspects, who were friends from high school.  Upon hearing that the other victim was a homosexual, the suspects became aggressive and attacked both individuals.  

The victims were able to provide the police with the names of several of the suspects in the case.  All three suspects were white males with two being described as 18 to 20 years old, 5′10″, between 150 and 160 lbs, with brown hair and green eyes.

Karen K. Patterson MEd

Captain 

University of Cincinnati Police Department

 

The 2500 block of Clifton Avenue is  the end portion of Clifton Avenue that is between West McMillan and Calhoun streets. An example of a landmark in that area is the restaurant Cilantro, located at 2516 Clifton Ave., or Hughes High School, located at 2515 Clifton Ave. The 2600 block of Clifton Avenue begins after the intersection of Straight Street and Clifton Avenue (or after UC College of Law). On the map below, the star indicates the beginning of the 2500 block of Clifton Ave.

A map of 2500 block of Clifton Avenue, which ends after UC College of Law. Map from MapQuest.

And let’s see, the assualts happened on March 6, and 12 days later they are just now getting around to telling us? And this was only after an outcry from several students to the administration that something actually got sent out (because they send out notices via e-mail about all major crime on UC property and around UC to students). 

I am not quite sure if this assault should be legally treated a hate crime. The Municipal Code of the City of Cincinnati states:

Sec. 908-3.  Criminal Intimidation.

(A)   No person shall violate section 908-5, 908-7, 908-9, 908-11, 908-13, paragraphs (A)(3), (4), or (5) of section 908-15, or section 907-3 of the Municipal Code by reason of the actual or perceived race, color, religion, national origin, gender, physical or mental disability, sexual orientation or age (60 and above) of another person or group of persons.

(B)   Definitions:  For the purposes of this section, the words and phrases used herein shall have the meanings respectively ascribed to them unless the context clearly indicates or requires a different meaning. 

“Sexual orientation”  shall mean an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or transgendered status, by orientation or practice. 

“Transgendered”  shall mean the condition or state wherein a person manifests gender characteristics, behavior and/or self-identification typical of or commonly associated with persons of another gender, and which may be characterized by assumption of the clothes, hairstyles, cosmetic usage or other appearance qualities commonly associated with another gender and/or by the surgical or medical modification of primary sexual organs in order to assume the gender role of another sex. 

(C)   Whoever violates this section is guilty of criminal intimidation, a misdemeanor of the first degree.

(Ordained by Ord. No. 404-1995, eff. Jan. 19, 1996; a. Ord. No. 32-2003, eff. March 4, 2003)

 

As the code states, it covers section 908-5, which is assault and is described as a misdemeanor of the first degree. So does this mean it doesn’t include felonious assault? But if felonious assault is covered, then should the alleged assailants be charged with an additional misdemeanor of criminal intimidation? Because, at this time, the only charges the alleged assailants have are two felonious assault charges. If anyone has any additional information on how this statute should work please let me know.

Channel 9 finally covered the hate crime, and a video of this can be found on Queer Cincinnati. Also The Cincinnati Enquirer posted a story about the incident.

Update: In response to this there will be a demonstration tomorrow, March 19, starting at 5:30 p.m. at the corner of Clifton Avenue and Calhoun Street in front of the UC College of Law. Demonstrators will then march down Clifton Avenue to Martin Luther King Jr. Drive. Bring hand made signs showing your support. Organizers would like signs to state your identity, such as ”I am Gay,” “I am a Lesbian,” “I am Queer,” “I am Trans” or “I am an Ally”. Be proud! There will also be a big communal sign that states the reason for the demonstration. Please know your rights for the event, and please follow the instructions of the event organizers and the police.

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