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Rape as a Hate Crime

Gender Bias


Another catagory of hate crimes to consider is gender based hate crimes. That is not to state that all rape is a crime of this sort. It is simply a factor to consider in gender motivated criminal acts of sexual assault.

Law passed on hate crimes

"By a vote of 60 to 39, the Senate passed the Local Law Enforcement Hate Crimes Prevention Act, which would permit federal prosecution of hate crimes based on a person's actual or perceived gender, sexual orientation, gender identity, or disability." NOW



"In addition to the other categories of hate crime, gender is increasingly being included as a status category in State and Federal hate crime laws. The current study explored how prosecutors view gender as a status category in hate crime law, specifically in terms of their knowledge of gender-bias violence and their willingness to charge violence against women as a hate crime... The authors recommend adopting an advocacy approach that supports the notion of violence against women as an issue of power and control while at the same time educates and encourages prosecutors and the public to adopt a hate crime perspective on violence against women. " (McPhail & DiNitto 2005) Violence Against Women: An International and Interdisciplinary Journal NCJRS


Online Resources

Hate crimes information from RAINN

A quote from the UCR criteria for hate crimes:

"For example, a robbery occurred at a bar and its patrons were robbed by two offenders. During the robbery, a female Asian patron was raped by one of the offenders. Subsequent investigation reveals that while the robbery motive did not involve bias, the rape was bias motivated. Therefore, only the rape should be reported as a hate crime" (UCR)


Controversial resources for discussion:

Rape as a hate crime



Re-classifying rape from a sex crime to a hate crime

To make clear that the motive of rape is power - not passion.


Why Isn’t Rape a ‘Hate Crime?’


Rape as a hate crime




Quotes from research articles:

Engendering Hate Crime Policy: Gender, the "Dilemma of Difference," and the Creation of Legal Subjects by Valerie Jenness "discusses what feminist legal scholars refer to as "the dilemma of difference" that is inherent in hate-crime policy in the United States...

The author addresses how the dilemma of difference has been managed in the formulation of hate-crime policy in the United States, as it simultaneously addresses the ways in which gender is both distinct from and similar to other status provisions recognized in hate-crime law, i.e., race, religion, ethnicity, sexual orientation, etc." (Jenness 2003) Journal of Hate Studies NCJRS



Resources to research this subject:

Journals and articles

Search the NCJRS Abstracts Database

Google scholar or Findarticles

Finding books at the library

Online Libraries on sexual assault

Encyclopedias and Dictionaries

Related links: Victim blame, Hate crimes


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Last updated 10/5/07 About.Contact

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