Quote from Anna Bailey, serving police officer
Anyway, YOU have rights too. If people are insulting or offensive to you, their actions are considered an offence and a hate crime (an offence against a particular minority group). Due to this you have every right to call the police and make a complaint against the offender. I am confident the police will treat you with all respect, and you never know it may be me you’re phoning!
Cristine Shye
Trans phobia, hate crime is not easy to prove, firstly it is essential you do not get involved in a slanging match, swopping insults.
You have to prove that the abuse or any physical assaults are in relation to what you are perceived to be in the mind of the aggressor. If the words tranny Pervert, Arse bandit in a frock are used, then it’s a forgone conclusion. Geezer bird weirdo One of my favourites, I have been called that many times. Ignore it, put it down to ignorance and move on, if it becomes persistent or you feel physically intimidated and it restricts your freedom or causes you severe embarrassment, That is a trans related hate crime. Make a mental note of every thing that’s said report it to the police, try and get witnesses, now that’s hard, others present whilst not joining in might be thinking on the same lines as the perpetrator.
There are other forms of abuse used, threats, intimidation, which make it hard to prove its a trans related hate crime, then there is always the Harassment Act to fall back on.
Protection from Harassment Act 1997
1997 CHAPTER 40
[An Act to make provision for protecting persons from harassment and similar conduct.
21st March 1997]
(1) A person must not pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
1 Prohibition of harassment
(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a) that it was pursued for the purpose of preventing or detecting crime,
(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c) that in the particular circumstances the pursuit of the course of conduct was reasonable
2 Offence of harassment
(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—
“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”.
3 Civil remedy
(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.
(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.
(3) Where—
(a) in such proceedings the High Court or a county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and
(b) the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,
the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
(4) An application under subsection (3) may be made—
(a) where the injunction was granted by the High Court, to a judge of that court, and
(b) where the injunction was granted by a county court, to a judge or district judge of that or any other county court.
(5) The judge or district judge to whom an application under subsection (3) is made may only issue a warrant if—
(a) the application is substantiated on oath, and
(b) the judge or district judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.
Where—
(a) the High Court or a county court grants an injunction for the purpose mentioned in subsection (3)(a), and
(b) without reasonable excuse the defendant does anything which he is prohibited from doing by the injunction,
he is guilty of an offence.
(7) Where a person is convicted of an offence under subsectionin respect of any conduct, that conduct is not punishable as a contempt of court.
A person cannot be convicted of an offence under subsectionin respect of any conduct which has been punished as a contempt of court.
(9) A person guilty of an offence under subsectionis liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
4 Putting people in fear of violence
(1) A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.
(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion.
(3) It is a defence for a person charged with an offence under this section to show that—
(a) his course of conduct was pursued for the purpose of preventing or detecting crime,
(b) his course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c) the pursuit of his course of conduct was reasonable for the protection of himself or another or for the protection of his or another’s property.
(4) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
(5) If on the trial on indictment of a person charged with an offence under this section the jury find him not guilty of the offence charged, they may find him guilty of an offence under section 2.
The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under section 2 as a magistrates' court would have on convicting him of the offence.
5 Restraining orders
(1) A court sentencing or otherwise dealing with a person (“the defendant&rdquo
convicted of an offence under section 2 or 4 may (as well as sentencing him or dealing with him in any other way) make an order under this section.
(2) The order may, for the purpose of protecting the victim of the offence, or any other person mentioned in the order, from further conduct which—
(a) amounts to harassment, or
(b) will cause a fear of violence,
prohibit the defendant from doing anything described in the order.
(3) The order may have effect for a specified period or until further order.
(4) The prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order.
(5) If without reasonable excuse the defendant does anything which he is prohibited from doing by an order under this section, he is guilty of an offence.
A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
6 Limitation
In section 11 of the [1980 c. 58.] Limitation Act 1980 (special time limit for actions in respect of personal injuries), after subsection (1) there is inserted—
“(1A) This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.”
7 Interpretation of this group of sections
(1) This section applies for the interpretation of sections 1 to 5.
(2) References to harassing a person include alarming the person or causing the person distress.
(3) A “course of conduct” must involve conduct on at least two occasions.
(4) “Conduct” includes speech.
Don't always play the trans hate crime card, two kicks in the shins equals one good kick in the groin if you see what I mean, lol.
Cristine
This post was edited by Cristine Jennifer Shye. BL at September 2, 2013 2:49 PM BST
I suppose one of the difficulties with this one is if the victim of the harrassment is not 'out'. Are they likely to pursue any course of action which may lead to police involvment and a court appearance? Something which may cause embarassment as the facts are known and may affect their career, marriage etc.
Harrassment almost always comes from a group of people as opposed to an individual, which makes it tricky to obtain a witness to it, as it can end up as your word against theirs.
None of this should stop a person contacting the police if required of course. At the very least it may help to extract you from an uncomfortable and potentially violent situation.
Nikki
Nikki
The various acts are quite clear on this, Perhaps Anna Bailey would like to respond on this particular item as to discression and how the police would handle it, very often a ''quiet word in your shell like'' would sort the problem without causing any further hassle. the threat of perhaps a sentence of up to five years, plus punative damages would be an incentive for a perpretrator to think again?
Crisitne
Parts of the Act explained.
A person convicted of Harassment, Where a restraining order is issued by a court. The judge can specify the terms of the restraining order, as to resticting the convicted persons from approaching the plaintifs area of abode etc,
Example, A person on a Monday verbally abuses you and uses threatening language or behavour so as to put you in fear or cause distress. Then on Tueseday you find graffitti plastered all over the front of your house. we are taking it for granted there are witnesses. On a complaint the offender will be arrested and subsequently charged probably for the initial offence on the Monday under the Harassment act and also charged for the criminal damage on Tuesday as a seperate offence..
On conviction the court can issue a restraining order, say for a year, for the first offence, on the offence of criminal damage he can issue another punishment, fine or imprisonment. If imprisonment is passed down for this offence the restraining order comes into effect on his release from prison.
Any subsequent offence, on making a complaint the police will aproach the court that issued the restraining order and obtain a warrant to arrest the offender on a contempt of court charge. (failing to comply adhere to the conditions of the order) plus any other charges for offences commited on that occasion.
The act I posted realy is self explanatory in the main.
Cristine
I have just been asked to explain, what is meant by engaging in a crime and why the act would not be applicable.
Pretty obvious if you think about it.
A group of trannys drunk out of their skulls, causing mayhem, perhaps an offence under the public order act, public drunkeness,
causing offence to others. They can hardly plead harassment when being arrested.
Another example would be contravention of a bylaw, begging or soliciting.
The same applies to the discrimination of a minority act as well, for bad, lewd behavour the harassment act or discrimination of a minority act is no defence. Basically your not in trouble for being who you are, its what your doing thats causing you problems.
whilst I will always try and answer questions or get advice to pass on, somthings are just common sense.
These acts are designed to protect peoples rights, not give them an excuse to avade retribution for their own misdemenours.
Thats why it is essential, if you are being harressed, bullied, abused verbaly don't sink to their level and retaliate with like insults, That is if you want a good result in law.
I know, I have done it, on the basis of its the only language some of the knuckle dragging morons understand, no brain wanker springs to mind.
But I'm talking more of the persistant and upseting instances where you feel physically threatened or publicly humiliated.
Cristine.
Sex Discrimination (Amendment of Legislation) Regulations 2008
Implementing the Gender Directive – 2004/113/EC
Directive 2004/113/EC implements the principle of equal treatment between men and women in the access to and supply of goods and services.
The Directive prohibits sex discrimination in goods and services. This includes:
· Discrimination against men and women
· Discrimination against transsexual people (on grounds of gender reassignment)
· Discrimination for reasons of pregnancy and maternity
The Sex Discrimination Act 1975 already applies to the provision of goods, facilities and services. The Government Equalities Office (GEO) website lists the 'main changes' needed to implement the Directive as follows:
· Extend protection from discrimination on grounds of gender reassignment to the provision of goods, facilities and services.
· Make explicit that sexual harassment, sex harassment and gender reassignment harassment in access to and the provision of goods, facilities, services or premises unlawful.
· Make explicit that less favourable treatment on the ground of a women's pregnancy or maternity in the provision of goods and services is unlawful.
· In relation to financial and insurance products, make clear that where there are proportionate differences in an individual’s premiums and benefits as a result of sex being a determinant factor in risk assessment, then these differences must be based on relevant and accurate data, and this data must be compiled, published and regularly updated.
Impact of the amendments in detail
Sexual Harassment and Harassment
1. The definition of gender harassment is expanded in the new Regulations and now provides for harassment 'related to her sex or that of another person'. You now only have to show the treatment was associated with the sex of the victim or any other person.
2. The legislation thus provides protection in the following scenarios:
· to witnesses of harassment where the harassment of another creates a hostile, degrading environment for them
· unwanted (sexual or bullying) conduct directed at both sexes but which creates an intimidating, hostile, degrading, humiliating, or offensive environment for one sex; for example, where derogatory comments are made about women’s abilities at work to a mixed group
· sexual banter whether or not it is directed at the individual, but which they find offensive
· gender specific derogatory language
· 'environmental' harassment: the display of sexually explicit posters and magazines which are offensive to the individual.
3. Third party sexual/harassment from a customer or client. Employers will be liable for this if they fail to take reasonably practicable (proactive and reactive) steps to protect their employees where sexual/harassment is known to have happened on at least two occasions. The preconditions to liability are arguably in breach of European law.
4. NB The individual's perception counts: the law allows for different perceptions and the fact that some may find offence where others do not. Cases nonetheless depend on whether, in all the circumstances, a reasonable person would have found the conduct offensive, demeaning, etc.
This means if A makes descrimantory, insulting remarks to B and C a witness takes offence to the remarks then C can also make a lawful complaint iregardless of wether B initiates a complaint or not.
Transgender discrimination
1. The definition of harassment and sexual harassment for transgender discrimination is unaltered and is on the grounds of intention to undergo, undergoing, having undergone gender reassignment. As in point 4 above, the 'reasonableness test' applies.
2. The amendment provides protection in goods, facilities, services and premises (Ss29, 30, 31 SDA), subject to the general exceptions to the SDA.
3. NB There is no protection for transgender discrimination in Education. (There is however protection against trans discrimination under SDA Part 2 Employment Field for vocational training).
May 14, 2010 12:13 PM BST
Would anyone, who has experienced discrimination, when shopping, or any form of public ridicule.. harassment, like to relate their encounters here, were the police involved and how did the police handle it and were you satisfied with the way they went about it?
Have you been to court, recieved the courtesy and treatment you were entitled to?
June 9, 2010 10:38 AM BST
there is no need to go to court in harrassmnet and hate crime cases.
I was getting lots of trouble from a gang at my previous address and after one incident I juts called the local police neighbourhood team and they came, arrested the men and put them in the cells for a few hours, came back to take a statement from me, later that day the men were up before the magistrate and fined.
all the trouble stopped immediately.
the laws are there and we shoudl use them.
June 9, 2010 11:49 AM BST
Hiya Rose xxXxx
And thats how it should be. I presume they also had an order served on them under the act, not to give you any further hassles.
I was actually asking people that had to attend court, if they were given the proper recognition and respect in court.. In your case, not knowing, the offenders must have pleaded guilty or been charged with the lesser offence of a Public Order Act, a smaller fine. Generally thats what puts people off making a complaint, having to appear in court, perhaps getting it reported and causing further hassles. Nice to know you had a good result.
Love Cristine.
Hi Cristine .
I actualy had the police call at my house last night (8th june) as i was attacked at my front door by 2 mindless indiviuals last october , then again this april by who looked like the same pair who tried to get my shoulder bag but could,nt after i kicked back so they stole my shopping instead , i just hope they hate fruit n veg .
The police officer ( a big man ) managed to convince me to make a statement as the first attack was a violent assault and the second was assault and robbery/theft , he seems to me to be taking it very seriously and is passing it over to CID and he is coming back on monday to see if there is anything else i can remember that may have slipped my mind . I was a bit stunned as he told me he admired my courage in doing what i am, meaning gender change but i had to tell him courage dos,nt come into it in my case , i explained to him if i cannot be me i realy don,t want to be here at all , we had a bit of a laugh as i told him as a kid i hated looking in the mirror as i kept seeing a boy looking back , he replied "i have that problem now as when i look in the mirror i see a big fat bald bloke" .
Take care hugs Julia xx.
June 26, 2010 10:59 AM BST
I am very suprised that there are not more stories or examples of people that have been discriminated against in one form or another.
Cassandra
October 14, 2010 12:31 AM BST
The provision of community safety/neighbourhood services is relevant to
trans people as many experience anti-social behaviour or hate crime.
Section 17 of the Crime and Disorder Act requires local authorities in
England and Wales to consider crime and disorder reduction and
community safety when carrying out all service delivery and duties.
Local authorities in Scotland promote safer communities through local
community safety partnerships.
The Equalities Review research found that 46% of trans people had
experienced harassment in their neighbourhoods and that 73% had
experienced some form of harassment in public. Hate crime research
has found that nearly a third of hate crimes occur outside the victim’s
home and 20% of incidents involve neighbours.23
Transphobic hate crime is now one of the five ‘strands’ of hate crime
recorded by the police – but often trans people are reluctant to report it.
This may be because of previous bad experiences with the police or
because they fear reprisals by neighbours and that the criminal justice
process will ‘out’ them as trans (see Chapter 6). Anti-social behaviour
officers need to be alert to the possibility of victimisation of a person
because of their trans status.
October 14, 2010 6:24 AM BST
Cristine,
It is quite different here and I have indicated below, how certain things are dealt with in Canada,
While there are strict laws regarding ANY form of sexual discrimination (which would include transgender as well) in the workplace and mercantile community, the "bar" is considerably higher in Canada when it comes down private citizens.
In order to have a person charged, they would either have to slander you, libel you, encourage others to hate you (or harm you), or repeatedly harass and/or harangue you with the intent to humiliate or intimidate you.
To the legal system here, the reason they did that...or the reason you perceived they did these things would not be the crime...the crime would be the harassment, intimidation and etc.
eg.
1) If a neighbors kid did that to me, I could call the parents and tell them what happened. That kid would probably be severely punished by the parents ... and I mean severely!!
If it continued, the police could be called and the kid would be warned (by the police) NOT to do it again ....and told of the consequences. If it still continued, the kid would be charged with harassment. The aspect of anti-social behavior or reason for the kids actions would only be considered at sentencing if some form of rehabilitation plan was being considered for the kid.
2) If an adult insulted me ( or was verbally abusive to me) in private, I could call the police and they would "make note of it" and depending what was said, they might call that person and tell them that they may be charged with harassment if it continues.
Usually, a restraining order will result if it continues... and it is fairly easy to get a restraining order if a person is being harassed, intimidated, or feels threatened by another person.
Note: If I got a restraining order against someone, I would be able to publish that restraining order in the media because it is a public document, or even stick it on the telephone pole outside his Church (or home) if I wanted..
3) If someone assaults me physically, for any reason, they WILL be charged with assault. The charge of assault does not recognize reasons for the assault.
In the case of physical assault, there are no other considerations ...other than self defense or mental illness.
*** the evidence given in court relating to gender phobias, racial hate, and etc...does not in itself prove guilt in the crime...but it does influence the severity of the sentence.
In the case of assault, it can also be used later (depending on the severity and causes ) if, at some time, the "state" wishes to have that person be declared a "Dangerous Offender" or a "Long Term Offender"
http://www.publicsafety.gc.ca/prg/cor/tls/dod-eng.aspx
October 14, 2010 11:51 AM BST
Hi. I have a question Cristine. Obviously relating tothe UK. I served on our local LGBT committee a 2 years ago, and another member was a police representative. He told us that every Police Authority had their own definitions of hate crime, or more to the point what they concider to be hate crime thats worth recording as such. They also apparently took transgendered and gay people off their list of vulnerable people. I am wondering what the law states about this and if the guy was incorrect in what he said?
October 14, 2010 2:00 PM BST
Ali
Thats the lawful requirement provision of protection.
Section 17 of the Crime and Disorder Act requires local authorities in
England and Wales to consider crime and disorder reduction and
community safety when carrying out all service delivery and duties.
Local authorities in Scotland promote safer communities through local
community safety partnerships.
Then there are numerous sections depending on the offence.
The most useful one is:-
Protection from Harassment Act 1997
1997 CHAPTER 40
[An Act to make provision for protecting persons from harassment and similar conduct.
21st March 1997]
(1) A person must not pursue a course of conduct—
(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.
Where its an obvious Gender hate related crime.
For example A is in a street and shouts to a trans person ‘you tranny freak I’m gonna smash your face in’. They would be charged with section 4 Public Order and the incident would then also be recorded as a transphobic incident.
Whether or not a crime has been committed or it is an incident, if there is a transphobic element, it has to be recorded by the police as a transphobic incident. (since April 2008 the Home Office has required the police to do this).
So your police officer does not know what he is saying, the intro to this thread is an extract from a statement from a serving trans police officer.
I think the one you are reffering to is one PC Juan Kerr
October 14, 2010 2:37 PM BST
Q: What about newspapers in the court identifying me?
A: The courts can provide reporting restrictions if it is proved that the quality of the evidence given by a witness will be improved.
This is called a ‘Section 46 Direction’ (Youth Justice and Criminal Evidence Act 1999)
It will restrict the reporting of certain details of witnesses in the media that may lead to their identification.
You must ask the CPS to seek this at the beginning of the process.
Whilst this is mainly for the protection of younger members of the community, if you genuinely fear reprisals you can also apply for special dispensation
October 14, 2010 11:20 PM BST
I've had it on Numerous occasions Cris......the verbal abuse & the like. I have also had threats of physical abuse by a neighbour who always looked either stoned or drunk. On one occassion this twat tried to break my front door in at 2am one morning. I called the police & they were here within 10 minutes......3 officers no less & the officer i called, INSISTED on staying on the phone with me until the others arrived. The Police could not have been any BETTER if i'm honest, in the way they handled things & the way i was treated.They scared the living daylightd out of this Numtpy Neighbour and i have had no further bother with him. But if he DOES kick off again, all i need do is call them & they'll haul his sorry ass off to jail.
Lol xxxxxxxxxxxxxxxxx
Anna-Marie
