CPD says hate crimes underreported
Hate crimes are more difficult for police to determine.
Published Oct. 20, 2009
A Columbia resident was recently arrested for assaulting a man because of his sexual orientation, Columbia Police Department spokeswoman Jessie Haden said.
The suspect allegedly committed the assault because he was upset over his brother's romantic involvement with the victim.
That Oct. 10 arrest marked the most recent hate crime in Columbia, Haden said. According to the FBI's Web site, 114 hate crimes were reported in Missouri in 2007.
Haden said hate crimes such as this are uncommon in Columbia and CPD only deals with at most, a handful every year, but also said hate crimes are likely underreported.
"You can see how that could happen," Haden said. "While the victim may report the assault, they might not want to reveal the personal information that could allow police to flag it as a hate crime."
Police were able to classify the case as a hate crime because the victim and a witness reported the suspect specifically referenced the victim's sexual orientation during the incident.
Chapter 557 of the Missouri Revised Statutes states certain offenses motivated by the race, religion, national origin, sex, sexual orientation or disability of the victim are hate crimes and are categorized as a class C felony.
Among the different crimes covered by this statute are first-degree property damage, unlawful use of a weapon, assault, harassment and even rioting, Haden said.
Haden said an example of a riot that could qualify as a hate crime would be a mob of people rioting against a peaceful gay rights protest.
In order to classify an incident as a hate crime, it is not enough to know the suspect is prejudiced against a certain group of people, Haden said. Police need available witnesses to say the crime was committed because the victim is part of a protected class specified in the statute, Haden said.
"It could be that a suspect has that (prejudice) in mind when they are committing a crime, but they don't say it out loud," Haden said.
This can make it difficult for police to determine whether a particular incident has the elements of a hate crime.
Haden said if an offense is categorized as a hate crime, prosecutors might add an additional charge, which affects sentencing. It is also possible for a jury to find a person guilty of the original charge, without finding them guilty of a hate crime.
Haden said once CPD has completed the investigation, it is largely up to the prosecution how to proceed. They review the charges and decide what charges they are interested in filing.
Hate crime cases often end in plea bargains for lesser charges. Although Haden said this solution doesn't always appeal to the public, it prevents the legal system from being bogged down from trying every case and saves the city money by reducing legal fees.
Many of those plea bargains include the condition of probation. That gives police the chance to keep tabs on the suspect.
"It allows us to hold (the crime) over the person's head for a given amount of time and it may help us prevent them from re-offending," Haden said.