Bill 004: Will Colorado include the homeless in hate crime legislation?
Friday, April 1, 2011 at 02:00PM By Lisa Raville, Katie Symons and Chris Conner
Last Spring and Summer, there was an increase in violence in Denver against our homeless community members.
One young gentleman was sleeping on a bench in the wee hours of the morning in Lodo when people stumbled out of a bar, loudly remarked how warm he looked, and kicked him square in the back.
Another gentleman was sleeping in his tent, tucked away in a field, when he was pummeled over the head and body repeatedly with a long pipe while a group outside laughed.
Have you ever been homeless? Not in transition, not traveling, but truly homeless? Sleepless nights, the aching feeling in your stomach at dusk; finding places to shower, an address to utilize to get your mail, and the vulnerability to violent attacks?
For more than 15,000 people in Colorado, this is a daily reality. It isn’t a crime to be homeless (even though our country should be ashamed that so many live in poverty and on the streets), but it is indeed a crime to cause harm to someone that is homeless.
Many people who are attacked do not report the violence due to an active warrant status and/or fear of retribution. According to the National Coalition for the Homeless, for the last 10 years Colorado has been the fifth most violent state against the homeless. And that is only based on the crimes that have been reported.
According to the same report, nationally in 2009, 80 percent of violence against the homeless was committed by perpetrators (usually young men) under the age of 30. The most common four non-lethal attacks in 2009 were: Beatings—67 percent; Rapes/Sexual Assaults—13 percent; Setting Victim on Fire—8 percent; and Shootings—6 percent.
And there are others, lucky enough to have lived to tell their story, but who still suffer tremendously, after being the victim of a violent attack. In February 2010, 276 homeless individuals in Denver were surveyed using a tool called the Vulnerability Index. Of those, 37 percent, or 102 persons, reported they had been the victims of a violent crime since being homeless. The national average, using this same tool, is 42.8 percent. This violence is not okay.
In 1990 the Hate Crimes Statistics Act established FBI guidelines to define a hate crime as a ‘bias crime’—that is, a crime “committed against a person or property which is motivated, in whole or in part, by the offender’s bias against race, religion, disability, sexual orientation, or ethnicity/national origin. The National Coalition for the Homeless seeks to elaborate this definition to include biases against the homeless.
In mid-September 2010, the National Homeless Hate Crimes Statistic Reporting Act (H.R. 3419 and S. 1765) was gaining momentum in the United States Senate. Not one of Colorado’s nine Congressional Delegation elected officials signed on as a co-sponsor to this important piece of legislation. Current state and municipal jurisdictions that protect the homeless include: Alaska; California; Florida; Maine; Maryland; Puerto Rico; Rhode Island; Seattle, WA; Cleveland, OH; and Washington, D.C. Who will protect Colorado?
In response to the early 2010 violence against Denver’s homeless, the Harm Reduction Action Center’s clients garnered 789 signatures to alert Colorado State Legislators to allow violence against the homeless to be prosecuted as a hate crime. Senator Lucia Guzman and Rep. Dan Pabon have taken up the fight in the 2011 Colorado State Legislature. Senate Bill 004 is now being heard by Colorado state lawmakers. So far, the bill has passed the Senate Judiciary Committee and the Senate Finance Committee. The Senate Appropriations Committee is up next.
The proposed legislation would add the homeless to the list of groups protected under hate crime legislation. Opponents have worried that this legislation will unduly have a homeless person who fights with another homeless person arrested and charged with a hate crime. We understand encampment politics; this is not designed for that. A hate crime in this case is a crime of opportunity with bias motivated hate, where someone who is housed is specifically targeting a homeless person that has nowhere to go for respite from street violence. Contrary to some stigmatizing beliefs, homeless people are not inherently criminal, they deserve to be protected.
Allowing violence against the homeless to be prosecuted as a hate crime will keep our community safe for all of us. Acknowledging and responding to bias-motivated violence against vulnerable citizens is not merely a personal affair, it is also the duty of the law. Senate Bill 004 brings legal consequence to the frequently overlooked attacks on the homeless. Having this legislation in place will help us understand violent crimes committed against homeless persons and adequate punishment for such crimes that play key roles in preventing and managing violence against homeless persons. We don’t want to live in a state that isn’t safe for everyone, regardless of one’s housing status.
The Colorado community must come together around this issue to protect our vulnerable fellow community members, break down stereotypes, and broaden awareness of violence against Colorado’s homeless.
- Katie Symons was the outreach director for Denver’s Road Home, and currently is a consultant to the organization.
- Lisa Raville is director of the Harm Reduction Action Center, serving active injection drug users that are primarily homeless with a history of incarceration.
- Chris Conner is an outreach worker at Urban Peak.
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