WHCHC [White House Conference on Hate Crimes] - NOW [National Organization of Women] Legal Defense and Education Fund

NOW LEGAL DEFENSE AND EDUCATION FUND 119 CONSTITUTION AVENUE, N.E., WASHINGTON, D.C. 20002 (202) 544-4470 FAX (202) 546-8605 FACTS ON GENDER-BASED HATE CRIMES For further information, contact Julie Goldscheid, NOW LDEF (212) 925-6635 or Pat Reuss, NOW LDEF (202) 544-4470 Our country is increasingly concerned about our nation's alarming rate of violent physical and sexual assaults against women. Although many people view the most common forms of violence against women as "personal" attacks, advocates have long pressed for recognition that, as one advocate testified to Congress, "women and girls are exposed to terror, brutality and death because of their sex." This perspective challenges society's common but erroneous perceptions that sexual assault, domestic violence, and other forms of violence against women are "private" or "family" matters outside the proper realm of law enforcement, or are the victim's own fault. Through these efforts, society is beginning to acknowledge that many assaults against women are not just "random" acts of violence, but are systematic violations of women's civil rights, just like other hate crimes. For example, in passing the bi-partisan Violence Against Women Act (VAWA), Congress looked at rape and sexual assault, domestic violence, and other forms of violent victimizations of women as potential acts of discrimination against women, and included a provision allowing civil rights lawsuits for gender-based violence. However, the Hate Crimes Statistics Act was passed and signed into law (and recently re- authorized) without including hate crimes against women as a class, and other federal and many state hate crimes statutes exclude bias crimes targeting women. Notable among these is 18 U.S.C. § 245. Nonetheless, advocates continue to advance their compelling case for recognition that many crimes against women are hate crimes. Like hate crimes against racial, ethnic, religious and sexual minorities, hate crimes against women are a form of wrongful discrimination against the victims. Acts of gender- motivated violence reflect men's efforts to dominate and control women, and are fed by stereotypes of what women are and how women should act. Certainly, not every violent assault against a woman is a hate crime -- indeed, not every crime against an African- American is based on racial animosity. And just like men, women face robbery on the street and burglary in the home. However, many crimes that feature evidence of bias against women should be considered hate crimes, looking to factors similar to those present in other hate 1