Crime or Not?

[angie21837]

What is the name of your state (only U.S. law)? Maine

OK, I don't want to sound dumb, but advice is needed. I was at a vigil last night for HIV/AIDS awareness. It was pretty quiet and we were in the right to be where we were, it was checked out before hand. Near the end some woman in an apartment above us threw what we hope was water on us and started yelling bigoted comments, such as ******. Some of us were hit, including myself and it was pretty cold last night. The police were called and they didn't do anything about it. They said she was just drunk.

Is there anything we can do about this? My friend wants to press charges and my partner is urging me to, but I don't know because people on other forums are just calling us whiners and saying get over it. If you have any advice that would be awesome, also could you tell us if this is considered a hate crime or not?

 

[CdwJava]

In my state this would be battery (if done intentionally) and would be a relatively low grade misdemeanor. Whether it meets the definition of a hate crime or not depends on the status of that law in your state. If the person says they tossed water on you because you were being loud, then while it still might be battery it would not be a hate crime. If they assaulted you BECAUSE of the fact you were of a particular race, gender, or sexual preference then it could be a hate crime.

Whether this is something you want to pursue is entirely up to you. If the police at the scene did not act on it (because she was drunk) then that may be the end of it. But, if you want to push the issue, you can always go to the higher-ups at the local police station and try to get them to take a report and forward it to the prosecutor. You also have the option of articulating damages and suing the woman, but that is not likely to result in much.

 

[angie21837]

In my state this would be battery (if done intentionally) and would be a relatively low grade misdemeanor. Whether it meets the definition of a hate crime or not depends on the status of that law in your state. If the person says they tossed water on you because you were being loud, then while it still might be battery it would not be a hate crime. If they assaulted you BECAUSE of the fact you were of a particular race, gender, or sexual preference then it could be a hate crime.

Whether this is something you want to pursue is entirely up to you. If the police at the scene did not act on it (because she was drunk) then that may be the end of it. But, if you want to push the issue, you can always go to the higher-ups at the local police station and try to get them to take a report and forward it to the prosecutor. You also have the option of articulating damages and suing the woman, but that is not likely to result in much.

She was yelling ****** and dumped the water... I guess that means it could be a hate crime. UGH! I don't know what to do...

 

[CdwJava]

She was yelling ****** and dumped the water... I guess that means it could be a hate crime. UGH! I don't know what to do...

The nanny software bleeps out whatever it was she yelled.

Some jurisdictions are more likely to prosecute stupid actions as hate crimes than others. And depending on the nature of your state's hate crime laws it may not be a "hate crime" if the underlying reason for the attack was being annoyed at the racket being made (if any) and not because of a sexual preference. Chances are the best you could hope for (realistically) would be a battery charge ... provided tossing water on you is a battery in Maine (I suspect it is, but I am on the opposite coast).

Since the officers at the scene did not see fit to take action, you will likely have to work up the food chain at the agency to get someone to take the report.

Keep in mind that all because you CAN do something doesn't mean you have to or even should. Was anyone hurt? Was this just some drunken sot being an idiot? Is this a person that you think should go to prison for the next five years or so?

 

[angie21837]

Well, what she yelled starts with an 'f' and ends with a 't'. Not that it matters too much. I honestly don't know if it's worth it. I mean, I guess no one was physically injured, just cold. But then I look at the principal of it. She was saying hateful, wrong things out the window for everyone to hear. Doesn't matter if she was drunk or not. I guess I'll see where things go, though I doubt a charge is coming out of it.

 

[CdwJava]

Well, what she yelled starts with an 'f' and ends with a 't'.

Okay. I figured that was it, but wasn't sure.

Not that it matters too much. I honestly don't know if it's worth it. I mean, I guess no one was physically injured, just cold. But then I look at the principal of it. She was saying hateful, wrong things out the window for everyone to hear. Doesn't matter if she was drunk or not. I guess I'll see where things go, though I doubt a charge is coming out of it.

Hateful and wrong are not crimes. Committing battery is. Committing the battery solely because of a sexual preference would be a hate crime. If she merely flapped her drunken gums while she was throwing water on some people that were bothering her it can still be charged as a hate crime even if the underlying reason was not as a result of her targets' perceived sexual orientation.

Personally, I have a problem with hate crimes because they tend to be applied too broadly. But, in such a situation it might still be applied ... though, in my opinion, wrongly. (One scenario was two guys - one black, one white - who were friends, but drunk, and they started fighting over a girl. They started pushing and shoving each other with the black friend striking the first blow, and the white responding with the "N" word. The white guy was ultimately charged with a hate crime for what was really a fight over a girl and nothing to do with race.)

If you want to pursue it, talk to a supervisor at the police department and see what they will do. If they take a report they can forward it to the DA and the DA will make the final determination.

 

[angie21837]

Reply

Thanks a lot! You were a big help. I doubt it's going to be pursued.

 

[CdwJava]

Thanks a lot! You were a big help. I doubt it's going to be pursued.

I prefer to shake my head and pity dumb and ignorant people ... and pray that they will become more tolerant even if their views do not change. It could also be that she is normally decent but when you add alcohol and/or annoyance to the situation she just acted like an idiot.

Hitting her with a sledgehammer for being an idiot would, to me, not be appropriate. But then, I was not the one subject to the cold water and the hateful speech. Though, as an officer, I have been subject to a wee bit of foul language and derogatory references in my nearly 20 years.