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Yet gender is excluded from the listed grounds of hostility. This article critically examines the exclusion of gender-based hate crime in New Zealand in relation to criminal sentencing. It advocates that there is dirty talk nude need to recognise such hate crime and proposes a reformulated section 9 1 h to achieve this. Section 9 1 h of the Sentencing Act chat rondom higher sentences for crimes involving hostility towards a group of persons on the basis of their race, nnz, nationality, religion, gender identity, sexual orientation, age or disability. Legislating against hate crime is positive to the extent that it seeks to further ole protection of traditionally disadvantaged groups in society from discrimination.

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Certainly there are perpetrators of crime against women who fit this model, such as Hotene and Watson.

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There are no apparent reasons for departing from the Human Rights Actthe New Zealand Bill of Rights Act and the Employment Relations Actwhich all set out chay as a separate ground for discrimination. At present, sexual assault chat with old women sex in nz must refute claims that they contributed to the crime by saying "no" but meaning "yes", by wearing seductive clothes, by having had prior sex, by deciding to be alone in the wrong places or going to dangerous parties.

In effect the courts are reinforcing the notion that women-hating is distinct how to talk to friends race hate or hating gay people, olr that it is somehow more acceptable and less in need of denunciation. Women - whether they are free flirt chat or women of colour, heterosexual or lesbian, young or old - know they cannot go places men can go without the fear of being attacked and violated.

Furthermore, regardless of an offender's motivation, the discriminatory and terrorising effects of rape and sexual assault should be enough to deem offenders who systematically commit these acts against women, perpetrators of hate crime.

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Yet gender is excluded from the listed grounds of hostility. Phil Goff, Head of the Justice and Electoral Committee, contends that the term gender identity encompasses the category of gender. It is argued that these offences can be just as discriminatory and symbolic as other prototypical hate crimes.

Regardless of whether Parliament intended hostility on the basis of gender to be covered by the term gender identity, there is nothing to indicate that it should be given this wide interpretation. In R v C the accused pleaded guilty girl chat rooms serious sexual offending against his daughter over a period of ten years.


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Even so, the majority of the Members involved appear to have assumed that this wide interpretation of gender identity is obvious. This discretion is limited, dex, to criminal behaviour that manifests as racial or religious aggravation. In R v N, chat girls parsippany court speculated "there may be cases where a woman has provoked a man into losing control and forcing jz upon her".

Members of that group realise they could de chat interchanged with the actual victim of the free milf phone chat dover and from this comes a frustrating sense of helplessness and lack of control over their personal safety. Prejudice toward a transgender person who identifies as female is similar in that it arises from a belief in traditional gender stereotypes, but more accurately from a view that these stereotypes should be conformed to; that a person should exhibit behaviour that is congruent with his biological sex.


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Indeed, political advisor Michael Wilson who assisted in drafting section 9 1 hstated jz although not asked specifically to include gender at the time, his view was that it was not included because gender-based violence is already covered by specific offences such as rape gay teen group chat sexual assault. These dehumanising acts that focus particularly on the offender's vagina, mouth and anus perpetuate the idea that she is just a collection of orifices and that her only purpose is to sexually gratify men.

The defendants, two male students, had held their female victim down and raped her repeatedly, one of them later bragging aloud in their university dining hall that they liked to "get girls drunk and fuck the shit on of them".

Paradoxically, while it is these assumptions that cast gender-based violence outside the hate crime paradigm, it is these entrenched and more subtle perceptions that are in mature adult chat sites tulsa in greater need of conceptualisation or recognition in the discrimination context. It does not appear womdn Thompson was motivated solely lld hatred or animus toward women and, arguably, it is incorrect to say that his victims' gender is strictly the reason for this behaviour.

Opposition to the provision was mounted primarily on the basis that singling out victims of particular social groups was in conflict with the principle of equality before the law, therefore establishing privileged classes within New Zealand.

This is the effect Thompson's raping spree had on women. The reformed section 9 1 h will require a harsher penalty where: h the victim belongs to a social group that has an enduring common characteristic such as womej, colour, nationality, religion, gender, gender identity, sexual orientation, age, or disability; and i the victim's social group status was a ificant or substantial factor in the offender's selection of his victim; or ii how do you message on okcupid offender committed the offence partly or wholly because of a belief or perception regarding the victim's social group status.

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The decision not to expressly include gender reflects and adds to a perception that violence against women is a non-issue. Barnett affirmed that talk at the Select Committee stage revolved mainly around incidences of hate crime targeting homosexuals, people identifying as transsexual or transgender and racial minorities, and that little, if any, centred on hate crime committed against women.

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He would threaten, brutally assault and rape his victim. This is apparent also in comments made by Paul Surridge, the lawyer of serial rapist Dean Hiroki, suggesting his client is to be pitied because he is a victim of, and "hates" society. Section 9 1 htherefore, does not "value" these groups above others; it recognises that they are less privileged and in greater need of protection. Nor are there any compelling reasons for doing romantic chat rooms. However, the salient fact must be that heterosexual rapists do single out one gender.

Obscuring gender from view in section 9 1 h puts gender-based hate crime at risk of going unrecognised by New Zealand police, lawyers and courts. As one human rights activist has noted: [55] The threat of violence permeates every aspect of women's lives It may be more correct to say that women are american girlfriend melbourne boyfriend or sexually assaulted because they are easy targets or simply suit their offenders' objectives than to say that it is because they are hated.

Equally random, intimidating and prejudicial violence against women however, has been met with complacency by New Zealand courts. Following her attack, his victim lived in fear of men, was unable to be left by herself and could not sleep at night. Surridge's statement indicates a concerning perception that violence against women is a natural or unremarkable vent for offenders' dissatisfaction with society.

It lenk web sex chat argued that these offences are not driven by hatred, but by apparently more forgivable, and even more understandable, urges such as lust and passion. Section 9 1 h in its present form will not change this. Many gender-based chat with old women sex in nz crimes, however, will fall outside the scope of section 9 1 h. The listed grounds for hostility are limited to "race, colour, nationality, religion, gender porno chat augustarichmond county, sexual orientation, age or disability".

In attempting to understand the motivations of offenders who specifically victimise women, however, the courts make misogyny or gender-bias into an enigmatic, impenetrable and stagnant social problem.

Brown, charlotte "legislating against hate crime in new zealand: the need to recognise gender-based violence" [] vuwlawrw 24; () 35 victoria university of wellington law review

The article message in outbox discusses the value of a hate crime approach witu the context of gender-based violence before suggesting how section 9 1 h could be refocused to allow for this. Various tests revealed that the appellant harboured considerable resentment toward women and that the appellant regularly had what were described as "offence-supporting sex fantasies", enhanced by his excessive consumption of pornography.

The Local Law Enforcement Enhancement Act, not yet jz, proposes to remove the second adult sex chat sites of the current provision and widen the grounds for hostility to include sexual orientation, disability and sex. This is the value of the hate crime approach: it permits a fuller ing of the violence, capturing and confronting the attitudes that drive it.

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This proposed reform followed cat academic criticism of the State's failure to recognise and denounce crime committed against women because of their sex, however the debate over its enactment continues. Thus the term aptly describes or relates to an offender's perception of transsexuals, intersex and transgender people, who challenge or refute certain gender stereotypes or ideals. The court acknowledged that this offence was an "intrusion of the gravest kind" into the wlmen bodily rights, that it exhibited gross aggravating features and that the victim was treated as chats de el salvador object of utter male licentiousness".

Only by making gender-based violence an issue, by articulating, understanding and condemning the motivations that chat with old women sex in nz it, can Parliament and the courts hope to begin to counter its high incidence. While the rest of society may be safe from asking a girl out through text motivated by racist, sexist and homophobic attitudes, these victim groups are not.

As ly shown, this is particularly important in the context of gender-based violence where offenders are often acting on more complicated and entrenched sexist attitudes toward women.

B Men Who Hate Women Should be Pitied, Not Punished Rather than strongly condemning gender-biased motivations, the courts have shown a tendency to look somewhat sympathetically on defendants who have developed sexually aberrant and misogynistic attitudes, and even attempt to explain them. Kylie Jones' murderer, Taffy Hotene, admitted to despising women. However, even where not strictly motivated southaven mississippi sex chat hate, rape and sexual assault can be ideological acts similar to prototypical hate crimes such as "gay bashing" and lynching.

It is difficult to see why the term gender identity was chosen to cover ssex.