PRIVILEGEFragile female cop causes 16 year old autistic girl to be dragged out of her home kicking and screaming by seven officers and arrested for “Homophobic Publc Order Offense” for saying “You look like my lesbian nana” in her own home.

submitted by ClassroomPast6178 from dailymail.co.uk

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[–]ClassroomPast6178[S] 7 insightful - 1 fun7 insightful - 0 fun8 insightful - 1 fun -  (5 children)

Yes, there is certainly some of that too.

But remember that the hate crime rules are written in a way that if they were to say “steady on Denise, she’s just a disabled kid” they would be denying her lived experience and they’ve been trained heavily on that way of thinking.

The Crown Prosecution Service (the prosecution service for England & Wales) lists it as:

Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."

And what makes it a travesty is that this definition isn’t, as far as I know, written into law, it is simply a convention adopted by the CPS and police. It’s antidemocratic, illiberal and just plain immoral.

[–]LyingSpirit472 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (3 children)

Not only that, but then you can also get into the "a chicken can be the most offensive thing in the world if your father died choking on an egg" factor: If the cop just has it out to get a certain person and just hates them and wants to throw the book at them? Take anything the person does or does not do as offensive and you can slap a hate crime charge onto them too!

[–]ClassroomPast6178[S] 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (2 children)

It’s not a “hate crime” charge, the “hate” bit is simply an aggravating factor for the purposes of sentencing. You actually have to commit a criminal offence, like assault or a public order offence.

[–]LyingSpirit472 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (1 child)

True, but it's the same point- if the officer just is out to get a certain person and wants the book thrown at them, these rules mean that they can claim literally anything the criminal does or does not do as "hate" and can get a longer sentence.

[–]ClassroomPast6178[S] 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

Some fairly big steps before that happens. The CPS have to agree that there’s a likelihood of getting a conviction before they will even proceed with a court case, they then have to agree to add the aggravating factors.

The prosecution has to be successful, and they have to actually prove that the aggravating factors happened.

There’s no plea bargaining in England & Wales, so the prosecution can’t load up the charges and aggravating factors and hope you plead guilty to lesser offences. But there are reductions in sentencing if you plead guilty early, and reductions are considerable.

And finally, judges are under much tighter controls regarding summing up and sentencing.

So whilst it is possible, and definitely happened to that poor welsh teenager who upset the troonette police officer, it’s a rarity.

Doesn’t stop the police doing shit like recording “non-crime hate incidents” which are outrageous and there’s court cases pending over those. But nchis don’t lead to trials and prison, they just fuck up someone’s police record for things like background checks. They were also invented by the college of policing and have no basis in law.

[–]Adventurous_Ad6212 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

And possibly illesbian