Gays and Lesbians Opposing Violences (GLOV)

STATEMENT FOR THE RECORD United States Senate

Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights Committee Hearing: Hate Crimes & the Threat of Domestic Extremism September 19, 2012 Gays and Lesbians Opposing Violence (GLOV) appreciates your focus on the problem of hate crimes in our country, and your work for the safety and security of all Americans. GLOV is a local Lesbian, Gay, Bisexual and Transgender (LGBT) community organization based in Washington, D.C., with a mission to reduce violence against LGBT individuals (and those perceived as LGBT ) through community outreach and education. We monitor cases to ensure that the rights and dignity of LGBT victims are respected and protected. GLOV also seeks to assist victims of anti-LGBT violence by advocating on their behalf, encouraging the reporting of these crimes, and providing a community of support. GLOV wants to take this opportunity to contextualize what is happening in the streets of our nations capital. First, well recount a recent incident of violence in Washington, D.C., and then provide you with the increasing statistics of anti-LGBT violence in our city. Everyone should know these statistics. Every single number is a person. Every person is a brother, a sister, a son, a daughter. This is just one of those experiences. On a Monday evening in March in the Northwest quadrant of Washington, less than a ten minute drive from the White House, a 29 year-old gay man was brutally assaulted in two incidents within minutes of one another after getting out of a cab just steps from his home. In the first attack, the victim was caught by surprise as a number of assailants grabbed him from behind and pulled him backward, hitting him repeatedly. The assailants

dragged the victim down the sidewalk by his feet while he clawed at the ground trying to escape. Witnesses and the victim stated that the perpetrators used anti-gay slurs during the attack. As the first attack ended, the victim called his partner, who was at home a block away, to seek help. While on the phone, the victim was assaulted again and robbed. He was jerked around by his bag, and the perpetrators wrapped the strap of his bag around his neck twice. They threw him to the ground. As his partner listened, the assailants robbed the victim of his belongings. One of the attackers then kicked the victim in the face at least twice. As the victim reported from the hospital, he felt sure, at the time, that death was imminent. Moments after being slammed to the ground, one of the assailants picked up his cell phone, turned it off, and carried it away. The victim spent 4 days in the ICU at George Washington University Hospital. His jaw was shattered in two places. After two surgeries, he now has permanent titanium plates holding his lower jaw together. His jaw was wired shut for over a month. Unfortunately, these attacks against Washingtons LGBT community are all too common. From a historical perspective, hate crimes in Washington have become worse. In 2009, 18.5 percent of hate crimes reported nationally were attributed to anti-LGBT violence.1 In Washington, a full 85 percent of hate crimes were anti-LGBT violence.2 This is a horrifying statistic in our nations capital. When we discuss this fact, a point often brought up is that D.C. has a high per capita LGBT population. But compared to other cities with prominent LGBT populations, such as San Francisco, the numbers are still staggering. Thirty-two percent of hate crimes committed in San Francisco were related to anti-LGBT violence, a statistic far lower than that of the nations capital.3 Since 2009, anti-LGBT violence has only increased. 2011 saw the highest number of hate crimes since GLOV began tracking this statistic. Between 2005 and 2011, anti-LGBT violence increased by 86 percent.4 But its not just LGBT crimes - the rate of hate crimes across all categories has nearly doubled between 2009 and 2011.5

1 U.S. Department of Justice: Federal Bureau of Investigation. (2010, November). Incidents and Offenses - Hate Crime

Statistics, 2009. Retrieved September 12, 2012, from http://www2.fbi.gov/ucr/hc2009/incidents.html

2 U.S. Department of Justice: Federal Bureau of Investigation. (2010, November). Table 13 - DISTRICT OF

COLUMBIA - Hate Crime Incidents 2009. Retrieved from http://www2.fbi.gov/ucr/hc2009/data/table_13dc.html

3 U.S. Department of Justice: Federal Bureau of Investigation. (2010, November). Table 13 - CALIFORNIA - Hate

Crime Statistics 2009. Retrieved from http://www2.fbi.gov/ucr/hc2009/data/table_13ca.html

4 Metropolitan Police Department. (2012, September 12). Bias-Related Crimes (Hate Crimes). Retrieved from The

District of Columbia: http://mpdc.dc.gov/page/bias-related-crimes-hate-crimes

5 Ibid.

So, that brings us to today. Compared to June of last year, anti-LGBT violence is up 67 percent.6 Washington remains the city with the highest rate of anti-LGBT violence in the nation, and the problem is only becoming worse. It is also significant to note that the National Coalition of Anti-Violence Programs (NCAVP) reports that communities most disproportionately impacted by hate violence are gay people, people of color, immigrants, transgender people, youth, and young adults.7 Violent crimes committed in DC unfortunately often capture this observation. The transgender community in DC has become increasingly susceptible to murder. Based on numbers kept by the Transgender Day of Remembrance Project, more transgender residents of D.C. have been murdered than in any other city in the United States.8 In light of our concerns, GLOV stands in unity with the NCAVP and other LGBT community organizations across the country to urge policymakers to take crucial measures to end the root cause of anti-LGBT violence and discrimination. These include enacting non-discrimination legislation that provides protections for the LGBT community.9 Moreover, political leaders and public figures need to promote safety for the community by denouncing anti-LGBT statements, policies and programs.10 Lastly, it is crucial to provide access to community resources for each and every victim. GLOV urges policymakers to remove barriers to governmental assistance for underrepresented communities.11 The increasing numbers of hate crimes against the LGBT community in our nations capital can only be reduced with the strong partnership of the federal and local government, police department and community.

6 Ibid. 7 National Coalition of Anti-Violence Programs. (2012). Hate Violence Against Lesbian, Gay, Bisexual, Transgender,

Queer and HIV-affected Communities in the U.S. in 2011. Retrieved from National Coalition of Anti-Violence Programs: http://www.avp.org/documents/NCAVPHVReport2011Final6_8.pdf. Page 19.
8 Terry, Jason. (2012, September 12). Anti-Violence Organizer. (H. Naveed, Interviewer) 9 National Coalition of Anti-Violence Programs. (2012). Hate Violence Against Lesbian, Gay, Bisexual, Transgender,

Queer and HIV-affected Communities in the U.S. in 2011. Retrieved from National Coalition of Anti-Violence Programs: http://www.avp.org/documents/NCAVPHVReport2011Final6_8.pdf. Page 11.
10 Ibid 11. 11 Ibid 11.

STATEMENT FOR THE RECORD United States Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights Hearing on Hate Crimes & the Threat of Domestic Extremism September 19, 2012 Thank you for the opportunity to provide information regarding the impact of hate crimes on marginalized communities in the United States. The DC Trans Coalition (DCTC) is a grassroots, community organization of transgender, transsexual, and gender nonconforming people (hereinafter, trans) and their allies, dedicated to the protection and advancement of trans rights in the District of Columbia. Assessment of Recent Anti-Trans Violence and Police Response Hate crimes in DC based upon gender identity and expression bias average roughly 13 percent of all of DCs hate crimes for the last five years. Since July 2011, there have been over 60 attacks against trans people in DC, according to information published DCs Metropolitan Police Department (MPD). MPD reports that there were 11 hate crimes based upon gender identity/expression bias in 2011, up one from 2010.12 So far, MPD has classified eight of the 2012 crimes against trans people as bias-motivated. However, it is important to note that none of the three murders against trans people that have happened since 2011 have been classified as hate-motivated. According to the National Coalition of Anti-Violence Programs, trans people are 1.58 times more likely to experience violence than other lesbian, gay, and bisexual (LGB) people. However, police classification of anti-trans violence as hate-motivated was 45% less than in cases involving non-trans LGB people, and trans people were more likely to face violence from police officers. Trans people of color were at additional increased risk, including being nearly 2.5 times more likely to face violence from police officers. Overall, anti-trans violence made up 14% of all anti-LGBT violence in 2011, which is consistent with local trends.13 Trans people in DC are fortunate to have the protection of the nations most inclusive human rights law, a local hate crimes statute covering gender identity and expression, as well as a police department policy on handling interactions with trans people the last of which was the first of its kind in the nation when it was adopted in 2007, and is still the model policy for other police departments throughout the country. That being said, there is room to significantly improve police relations with DCs trans communities, and to ensure appropriate police response to trans victims of crime.
Metropolitan Police Department of the District of Columbia, Bias-Related Crime in the District of Columbia, Appendix C in MPD Annual Report 2011, April 2012, pp. 44-49. 13 National Coalition of Anti-Violence Programs, Hate Violence Against Lesbian, Gay, Bisexual, Transgender, Queer, and HIV-affected Communities in the United States in 2011, May 2012, pp. 28, 30, 35.
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Thanks to the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, last fall DCTC was able to engage the Community Relations Service (CRS) of the U.S. Department of Justice to pursue mediation with MPD, with a view towards reducing the level of anti-trans violence in this city, which reached extreme levels in summer 2011; and improving relations between police and the communities we serve. Though MPD ultimately chose another third-party organization to review its hate crimes work and make recommendations, we appreciate the opportunity provided by the Hate Crimes Prevention Act to work with CRS under its expanded mandate, and our ongoing relationship with that agency. DCs Trans Murders in 2011-2012 At approximately 4:26am on Wednesday, July 20, 2011, 23-year-old Lashai McLean was shot to death in the 6100 block of Dix Street NE. According to the Metropolitan Police Department, two men approached McLean and a friend and asked for money, then opened fire. The friend ran into Prince Georges County for safety, and took several days to locate. Hundreds of people attended a vigil in her memory, and her funeral. To date, police have made no arrests in the case, and it has not been classified as a hate crime. Around 5:30am on Saturday, September 10, 2011, a body was found in the 2600 block of 11th Street NW. Two days later, the victim was identified as Guarav/Gigi Gopalan, who had come out as Gigi in a letter to her friends a mere twelve days before her death. Over 200 people showed up at her vigil. The medical examiner determined that Gopalan died by blunt force trauma to the head. As yet, there has not been an arrest in this case, and it has also not received a hate crime classification. At roughly 8:15pm on Thursday, February 2, 2012, Deoni Jones was fatally stabbed in the face at a bus stop at the intersection of East Capitol Street and Sycamore Street NE. The Jones murder was solved about a week later, and we welcome that development. Though this has also not been classified as a hate crime, this is the first anti-trans murder solved in DC in a decade. Seven trans murder cases since 2000 remain open. Improving Police Response to Hate Crimes As we mentioned earlier, DC leads the nation in laws and policies protecting trans people and addressing how law enforcement handles crimes against trans people. While we remain proud of what we have accomplished so far, we must continue to make tangible progress towards undoing the substantial anti-trans bias found in police departments across the country, including our own, if we are to truly claim a position of excellence. There are four main areas where we see room for continued progress. Contending with these issues is essential to creating a police department that can appropriately and consistently address hate crimes. Addressing Biased Policing National research and academic literature have noted that trans people can be uncomfortable engaging with police, even when they have been victimized, for fear of additional mistreatment from officers.14 According to the National Transgender

This history is chronicled well in Joey L. Mogul, Andrea J. Ritchie, and Kay Whitlock, Queer (In)Justice: The Criminalization of LGBT People in the United States, Boston: Beacon Press, 2011.
14

Discrimination Survey, 46% of trans people are reluctant to call the police. 15 In DC, this perception is reinforced by violent attacks we have seen committed by MPD officers in recent years, most notably the shooting involving off-duty Officer Kenneth Furr last August. Trans women of color face particular bias as they are frequently profiled as sex workers and subjected to harassment or unwarranted arrest.16 Reports of such bias range from refusing to take a report to demanding sexual favors in exchange for non-arrest. Yet in spite of this, the last study of biased policing within MPD was conducted in 2006, and only looked at racial bias in certain traffic and pedestrian stops.17 In our view, this form of bias mitigates the level of service a police department can provide when a trans person has been a victim of a crime. The basis for a trusting relationship simply is not there. To combat this, it is essential that police departments engage with marginalized communities to proactively address biased policing. In addition, independent police monitor agencies provide much-needed accountability for communities. Expanded Training Efforts Since mid-2010, MPD has engaged several local LGBT organizations in training officers for its community liaison units, and to date nearly 200 officers have been trained. This innovative program allows for day-long or three-day-long intensive LGBT training for officers covering how to appropriately interact with LGBT youth and trans people, as well as dealing with the particular impacts of domestic violence and hate violence on LGBT communities. However, it is imperative that training like this be spread throughout police departments, as part of roll calls, as well as annual in-service training. We look forward to the Federal Bureau of Investigations forthcoming model LGBT training curricula for police departments, developed under the auspices of the Hate Crimes Prevention Act. Improved Crime Tracking and Data Collection MPDs Gay and Lesbian Liaison Unit is tasked with tracking all trans-related crime in DC. While there is much work yet to be done, such tracking has led to concrete insights as to where trans people are being victimized, and identifying potential problems before they escalate. This unit also meets monthly with LGBT advocates to review statistics and trends and brainstorm outreach and prevention strategies. This work is still in its early stages, but we remain optimistic about future outcomes. Resolving Open Homicide Investigations One of the frustrations we have had with MPD recently has been over strategies to address the seven open transgender homicides that have happened since 2000. We recognize that it is impossible to solve every murder, but our members believe strongly that additional efforts must be made to bring these cold cases to closure. Improving the clearance rate for

Jaime M. Grant, Lisa A. Mottet, Justin Tanis, Jack Harrison, Jody L. Herman and Mara Keisling, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey, Washington: National Center for Transgender Equality and National Gay and Lesbian Task Force, 2011, p. 158. 16 See Elijah Adiv Edelman, This Area Has Been Declared a Prostitution Free Zone: Discursive Formations of Space, the State and Trans Sex Worker Bodies, The Journal of Homosexuality, 58:848 864, 2011. See also Alliance for a Safe and Diverse DC, Move Along: Policing Sex Work in Washington, DC, April 2008. 17 DC Office of Police Complaints, Addressing Biased Policing in Washington, DC: Next Steps, 17 May 2007.
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trans homicides would be a significant step towards alleviating some of the mistrust between DCs trans communities and MPD. Violence Prevention Of course, broader socioeconomic change is required to prevent hate violence affecting trans people. We applaud DC Mayor Vincent Grays efforts to reduce trans unemployment, and look forward to continued successes on that front. In June of this year, Mayor Gray signed wide-ranging anti-bullying legislation that over time will increase youth safety in the District's schools and agencies, once it goes into effect. And just last week, we were pleased to see DCs Office of Human Rights launch its Trans Respect advertising campaign the first of its kind in the nation aimed at increasing public awareness about discrimination against trans people, and which was developed in consultation with a number of local activists and organizations. These are terrific developments indicative of a brighter and safer future. DCTC is also currently engaged in the survey phase of our ongoing needs assessment project, targeting 500-1,000 respondents within DCs trans communities. The results of this survey will inform policy making on trans issues in DC for years to come, and we look forward to working with government partners in addressing the survey findings. We know already from our first phase of research that safety and risk are a tremendous concern.18 Finally, we would be remiss if we did not note that DC has over 35 police agencies working within its borders, many of them under the direct control of the federal government. Only DCs Metropolitan Police Department is subject to the Districts policies related to proper interactions with trans people, as well as reporting hate crime statistics under DCs broadly inclusive bias crimes act. This leads to widely varying levels of police service, depending upon which agency one interactions with, along with sometimes poor coordination among agencies. Increased autonomy for the District of Columbia would allow for more effective efforts and preventing and responding to hate crimes, while improving accountability to local stakeholders. *** Thank you once again for the opportunity to present information on the impacts of hate crimes on trans communities, and on our efforts to prevent violence in all its forms. Should you require any further information, please contact: Jason A. Terry Anti-Violence Organizer DC Trans Coalition 202.681.3282 [email protected]

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DC Trans Coalition, DC Trans Needs Assessment: Summary Findings Phase One, July 2011.