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Georgia needs anti-bullying law

April 4th, 2008 · No Comments

…from Savannah Now

On Feb. 12, 15-year-old Lawrence King of Oxnard, Calif., who had been teased, bullied, and harassed incessantly in school, was shot and killed simply because of his sexual orientation and gender expression.

On March 17, 2006, 20-year-old Travis McClain of Savannah was brutally beaten – suffering a concussion and broken teeth – by an attacker who called him a “faggot.”

Because Travis survived the attack and enlisted help from the gay rights group Georgia Equality, his assailant, Charles Prickett of St. Matthews was arrested.

Unfortunately, justice was not done in this sad case, as State Court Judge Ronald Ginsberg approved a pathetically weak plea deal engineered by Prickett’s attorney. Prickett pleaded guilty to simple battery, a misdemeanor. He escaped with a measly $300 fine and some paltry community service.

These real-life, horrific events illustrate the urgent need for a stronger anti-bullying and all-inclusive hate crimes law in Georgia.

In Georgia, one of only five states in the nation without a hate crimes law, Senate Bill 461 is currently pending in the General Assembly and ought to move forward pronto. It is way past time for Georgia to update its outdated anti-bullying law based upon our successes and failures in working to crack down on bullying in local schools over the last 10 years.

A statewide poll of 465 individuals, conducted by the Schapiro Group between January 22-28, revealed that 63 percent of Georgia voters support hate crimes legislation that includes protections based on sexual orientation and gender identity.

Georgia Bureau of Investigation Director Vernon Keenan, the Georgia Association of Chiefs of Police, Georgia Sheriffs Association and Georgia District Attorneys Association have been pleading with the General Assembly for the several years to pass hate crimes legislation that includes protections based on sexual orientation and gender identity.

State and local law enforcement understands that hate crimes perpetuated against individuals on the basis of actual or perceived characteristics are intended to threaten, harass and silence all members of that group, thereby threatening public safety.

Without a hate crimes law in Georgia, law enforcement agencies lack direction on how to address crimes committed on the basis of a perceived or actual characteristic. Georgia needs a hate crimes law to ensure local law enforcement officers have the skills and tools necessary to ensure safe communities.

Hate crimes are indeed acts of terrorism and impact entire communities. Tough sentencing rules will send the message to those who would destroy property, cause physical harm and even kill that such acts will not be tolerated in a democratic society.

Contrary to what some believe, hate crimes laws do not take away an individual’s freedom of speech. Speech is not a hate crime.

A crime must first be committed and evidence submitted before a court of law to show that a crime was committed against the victim based on real or perceived characteristics before it can be deemed a hate crime.

According to studies by the National Mental Health Association, 78 percent of youth report that gay and lesbian youth are teased, bullied and harassed in schools and communities. Another 93 percent of youth hear other youth at school or in their neighborhood use words like “fag,” “homo,” “dyke” and “queer” once in a while. Some 51 percent report hearing them every day.

Often, these acts lead to an escalation of hostility and the eruption of physical violence like we have seen recently in Savannah’s public schools.

SB 461 accurately defines the scope and impact of bullying, requires local schools systems to work with teachers, parents and students to adopt anti-bullying policies that make it easier for students – and necessary for school employees – to report information about bullying.

I strongly urge public support for SB 461.

Kevin L. Clark of Savannah is on the board of Georgia Equality, an Atlanta-based gay rights group.

Tags: Hate Crimes

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