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Does disability hate crime exist? | Does disability hate crime exist? |
(30 minutes later) | |
By Geoff Adams-Spink BBC News | By Geoff Adams-Spink BBC News |
A handful of violent and degrading attacks on disabled people have provoked outrage among the press and public. But are they isolated cases or one end of a spectrum of intimidation and violence that many disabled people encounter? | A handful of violent and degrading attacks on disabled people have provoked outrage among the press and public. But are they isolated cases or one end of a spectrum of intimidation and violence that many disabled people encounter? |
Tom Shakespeare is an academic based in Newcastle-upon-Tyne. He is also a person of restricted growth. He was travelling on the city's metro recently when he was verbally humiliated and intimidated by a group of schoolgirls. | Tom Shakespeare is an academic based in Newcastle-upon-Tyne. He is also a person of restricted growth. He was travelling on the city's metro recently when he was verbally humiliated and intimidated by a group of schoolgirls. |
Was he a victim of a disability hate crime? Mr Shakespeare thinks not, but others in his position would be less forgiving of their tormentors. | Was he a victim of a disability hate crime? Mr Shakespeare thinks not, but others in his position would be less forgiving of their tormentors. |
According to Mr Shakespeare, what happened to him was bullying - and this should not be confused with some of the extreme offences that have been committed against a few disabled people. Disabled people are vulnerable and, perhaps, remind people of their own inadequacies; it makes them feel better to put us down Tom Shakespeare | According to Mr Shakespeare, what happened to him was bullying - and this should not be confused with some of the extreme offences that have been committed against a few disabled people. Disabled people are vulnerable and, perhaps, remind people of their own inadequacies; it makes them feel better to put us down Tom Shakespeare |
"I think there's a danger of exaggerating," he says. "There's been a small number of truly appalling situations, but in the most part people don't hate disabled people." | "I think there's a danger of exaggerating," he says. "There's been a small number of truly appalling situations, but in the most part people don't hate disabled people." |
Mr Shakespeare believes that people who are, themselves, insecure through social exclusion or lack of self-belief, pick on others. | Mr Shakespeare believes that people who are, themselves, insecure through social exclusion or lack of self-belief, pick on others. |
"Disabled people are often the victims - we are vulnerable and, perhaps, remind people of their own inadequacies; it makes them feel better to put us down." | "Disabled people are often the victims - we are vulnerable and, perhaps, remind people of their own inadequacies; it makes them feel better to put us down." |
Last year, a little to the south of Newcastle, Christine Lakinski - a woman in her 50s with learning and physical disabilities - had collapsed in the street near her home when she was set upon by a neighbour. | Last year, a little to the south of Newcastle, Christine Lakinski - a woman in her 50s with learning and physical disabilities - had collapsed in the street near her home when she was set upon by a neighbour. |
She was covered in shaving foam, urinated upon and filmed on a mobile phone as she lay dying. | She was covered in shaving foam, urinated upon and filmed on a mobile phone as she lay dying. |
Despite the horrendous circumstances of her death, the police were unable to prove that her assailant, Anthony Anderson, was motivated by hatred of her because of her disabilities. Mr Shakespeare, a campaigner on disability rights, doubts too that this amounts to disability hatred. | Despite the horrendous circumstances of her death, the police were unable to prove that her assailant, Anthony Anderson, was motivated by hatred of her because of her disabilities. Mr Shakespeare, a campaigner on disability rights, doubts too that this amounts to disability hatred. |
'Bag lady' | 'Bag lady' |
Yet Miss Lakinski's brother, Mark Lakinski, is in no doubt that this was a disability hate crime - it was something she had experienced for most of her life.Christine Lakinski - humiliated and filmed as she lay dying | Yet Miss Lakinski's brother, Mark Lakinski, is in no doubt that this was a disability hate crime - it was something she had experienced for most of her life.Christine Lakinski - humiliated and filmed as she lay dying |
"Christine might as well have had a target on her head saying 'attack me, victimise me'," he says, reflecting on her death in July 2007 and Anderson's trial three months later. | "Christine might as well have had a target on her head saying 'attack me, victimise me'," he says, reflecting on her death in July 2007 and Anderson's trial three months later. |
The curvature of her spine, her old, malodorous clothes, her unkempt and uncombed hair and heavy smoking gave her the appearance of a "bag lady". | The curvature of her spine, her old, malodorous clothes, her unkempt and uncombed hair and heavy smoking gave her the appearance of a "bag lady". |
"When she was challenged she wouldn't walk away - they would think she was probably comical because she would stamp her feet, shout back at them, pull a funny face and burst into tears." | "When she was challenged she wouldn't walk away - they would think she was probably comical because she would stamp her feet, shout back at them, pull a funny face and burst into tears." |
What Christine experienced in her last few moments of life would appear to be a more exaggerated version of the sort of behaviour that she encountered most of the time. | What Christine experienced in her last few moments of life would appear to be a more exaggerated version of the sort of behaviour that she encountered most of the time. |
The line between what is and isn't a hate crime against disabled people is not always clear. Some might ask why the question matters - shouldn't the law punish vicious acts against defenceless people whatever the motivation. But laws which came into force three years ago gave courts the power to increase sentences in cases when a crime can be shown to have been motivated by hostility towards someone's disability. | |
Yet Mr Shakespeare says the question is a distraction which could deter some people with disabilities from leading normal lives. | Yet Mr Shakespeare says the question is a distraction which could deter some people with disabilities from leading normal lives. |
"I think for the vast majority of disabled people, bullying is the problem: it's things like folks with learning difficulties being harassed on the housing estate where they live or children in school being picked on." | "I think for the vast majority of disabled people, bullying is the problem: it's things like folks with learning difficulties being harassed on the housing estate where they live or children in school being picked on." |
Name calling | Name calling |
He says that this is a serious problem and that everything should be done to punish those responsible. | He says that this is a serious problem and that everything should be done to punish those responsible. |
FIND OUT MORE The Hidden Crime of Hate is on BBC Radio 4 Tuesday 19 August at 2000 BSTOr catch up with the iPlayer "In some very rare cases this low-level bullying and harassment turns into fully-fledged hate crime." | FIND OUT MORE The Hidden Crime of Hate is on BBC Radio 4 Tuesday 19 August at 2000 BSTOr catch up with the iPlayer "In some very rare cases this low-level bullying and harassment turns into fully-fledged hate crime." |
But this is not how it appears to disability rights activists like Ruth Bashall who lives and works in east London. As a wheelchair user and a lesbian she has encountered hate crime first-hand. | But this is not how it appears to disability rights activists like Ruth Bashall who lives and works in east London. As a wheelchair user and a lesbian she has encountered hate crime first-hand. |
At a recent meeting of disabled people, she was shocked by how many had shared her experience. | At a recent meeting of disabled people, she was shocked by how many had shared her experience. |
"Out of forty people in the room, I saw probably two-thirds of them nod - even I was shocked by that and I've worked on disability hate crime," she says. | "Out of forty people in the room, I saw probably two-thirds of them nod - even I was shocked by that and I've worked on disability hate crime," she says. |
"If you look at the whole experience of hate crime... and at the extreme end of that, of murder, it starts with calling someone a name because they are different." | "If you look at the whole experience of hate crime... and at the extreme end of that, of murder, it starts with calling someone a name because they are different." |
She says that where such behaviour is tolerated, it usually escalates. | She says that where such behaviour is tolerated, it usually escalates. |
"It's a hatred or a fear of difference - while some of the small incidents in themselves don't amount to much, the cumulative effect on disabled people is enormous." HATE CRIME VICTIMS? Kevin Davies (above, left), who had epilepsy, was kept in a shed, tortured and eventually diedBrent Martin, (above, right) who had learning difficulties, died after being punched, kicked and stamped on None of the perpetrators in either attack was sentenced for a disability hate crime | "It's a hatred or a fear of difference - while some of the small incidents in themselves don't amount to much, the cumulative effect on disabled people is enormous." HATE CRIME VICTIMS? Kevin Davies (above, left), who had epilepsy, was kept in a shed, tortured and eventually diedBrent Martin, (above, right) who had learning difficulties, died after being punched, kicked and stamped on None of the perpetrators in either attack was sentenced for a disability hate crime |
Although attackers who are motivated by a hatred of disability now face longer prison terms, there have only been a few cases. In the course of my investigation, I could only identify two cases where this had been used. | Although attackers who are motivated by a hatred of disability now face longer prison terms, there have only been a few cases. In the course of my investigation, I could only identify two cases where this had been used. |
For Katharine Quarmby, a journalist who works for Disability Now magazine, the police and the Crown Prosecution Service (CPS) place too much emphasis on a person's vulnerability, which means that they fail to look for evidence of hate crime. | For Katharine Quarmby, a journalist who works for Disability Now magazine, the police and the Crown Prosecution Service (CPS) place too much emphasis on a person's vulnerability, which means that they fail to look for evidence of hate crime. |
It is very difficult to get at the extent of the problem: the CPS's own figures have been gathered in such a way that they include crimes committed by, as well as against, disabled people. | It is very difficult to get at the extent of the problem: the CPS's own figures have been gathered in such a way that they include crimes committed by, as well as against, disabled people. |
Whether it is "bullying", "harassment", "intimidation" or "hate crime" depends upon your perspective. | Whether it is "bullying", "harassment", "intimidation" or "hate crime" depends upon your perspective. |
What is clear is that there are people who despise others for their difference and who behave in ways that make them feel victimised, excluded and afraid. | What is clear is that there are people who despise others for their difference and who behave in ways that make them feel victimised, excluded and afraid. |
And according to Ruth Bashall and others, until the courts label these offences clearly for what they are the problem is unlikely to get any better. | And according to Ruth Bashall and others, until the courts label these offences clearly for what they are the problem is unlikely to get any better. |
Add your comments on this story, using the form below. | Add your comments on this story, using the form below. |