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05 May 2011

Hate Crime Bill coming soon

The violent and discriminatory targeting of members of the gay community can be said to meet the general ideological basis for what is considered a ‘hate crime’.

The violent and discriminatory targeting of members of the gay community can be said to meet the general ideological basis for what is considered a ‘hate crime’. Yet the South African government has no such legislation in place.

 

Following the growth of crimes committed against LGBTI (Lesbian, gay, bisexual, transgender and intersex) persons, Triangle Project and Rape Crisis Cape Town Trust formulated a memorandum to highlight the urgent need for such legislature.

“It highlights concerns about unfair discrimination on the basis of gender, gender identity, sexual orientation, and that such unfair discrimination often manifests itself in the form of violent crimes such as assault, rape, related sexual offenses and murder”, said Marlow Valentine, Triangle Project’s Deputy Director.

  • Does not re-victimise or re-traumatise the complainant,
  • that investigating officers investigate cases properly,
  • that prosecutors fulfill their duties and execute their duties with a high level of skill and diligence,
  • and that criminal trials are finalised without unreasonable delays.
  • Rape cases based on race, gender, sex, sexual orientation and/or sexual identity are heard in the designated sexual offences courts.

  • The possibility of setting up a working group or task team
  • The terms of reference that would guide such a group
  • The need to broaden participation to other stakeholders, both civil society and state (e.g. the SA Police Force was not represented ) and also to ensure that this is a national and not only a Western Cape Initiative

 
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