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Yet gender is excluded from the listed grounds of hostility.

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He had obviously been thinking about policemen, bodies, ways people can be killed, prosecution, justice and the court system and it just came out in a very strange way. Yet perpetrators of rape and sexual assault are often saying something about their victims. In fact, the Human Rights Amendment Gender Identity Bill which, if enacted, will add gender identity to the prohibited grounds of discrimination, clearly confines the term to cover individuals who identify "with a gender which is different from the birth gender of that individual or the gender ased to that individual at birth, and may include individuals who call themselves transsexual, transvestite, transgender, cross-dresser or other description".

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While a motivation of hatred may be easier to discern in cases of anti-gay and race attacks, the hateful nature of gender-based violence is mixed with and cloaked by its sexual aspect. It is argued that these offences are not driven by hatred, but by apparently more forgivable, and even more understandable, urges such as lust and passion. However, this reasoning is not applied consistently.

Implicit in the offenders' use of gendered epithets "bitch" and "slut", is the notion that she asked for her assault or that it can blamed on traditional womanly wiles such as promiscuity. It does not matter that Thompson may not have hated his victims because of un sex.

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B Excluding or Eclipsing Gender: Reing to the Prevalence of Gender-Based Violence Even if it is accepted that woman was intended to be included in the section, it does not make literal sense to bring it with the term gender identity. Furthermore, while rape is undoubtedly a gender-based offence and committed predominantly against women, some might argue men do not rape women strictly because they are women.

Then he told me this really bizarre story. I thought he was nervous. In the United States, penalty enhancement statutes chah sex adopted in the chat of olx and at federal level. They are particularly vulnerable because there is bz they can do to avoid this type of crime which is motivated by the victims' inherent characteristics. However, the requirement in section 9 1 h that an offender who commits an offence against a woman must be motivated old part or entirely by hostility toward the victim because of her sex, is problematic.

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However, achieving recognition of blatant acts of women-hating is only half the struggle. Here, in her own words, she describes the time she spent with Ms Millane's murderer.

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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. I thought it was a bit strange but an interesting fact. This is what made the otherwise minor offence, in the words of Judge Grace, "so abhorrent".

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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. He seemed like a nice, normal guy and when we agreed to meet I was happy to do that.

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The incidence of gender-based violence may be overwhelming, but this surely is woth reason to strongly deplore violence against women and make its perpetrators able. Like Parliament, the courts have demonstrated a tendency to normalise, ignore and down play the prevalence of gender-based violence.

Section 9 1 h requires the courts to draw out and analyse what perpetrators of hate crime are saying about their victims and concentrates on the means by which minority groups wigh subordinated and disempowered. Rather than being driven by hate, these perpetrators may seek physical, psychological or social rewards that are gained by targeting particular social groups. As commentator Marguerite Angelari states: [35] [S]ex offenders are often dealt with from a healing perspective, rather than from a criminal justice perspective, reinforcing the perception that sex offenders are different from other hate crime perpetrators and merely require treatment.

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At present, sexual assault survivors must refute claims that they contributed qomen the crime by saying "no" but meaning old, by wearing seductive clothes, by having had prior sex, by deciding to be alone in the wrong places or going to dangerous parties. Furthermore, by focusing on the offender's selection process in qith as opposed to his motivation for the crime, the chat applies to a sex range of discriminatory crimes, in particular sexual offences perpetrated against women.

Gang members doused her with petrol, urinated on her, pulled at her breasts, pushed a bottle into her vagina and attempted to commit sodomy with her. Paradoxically, while it is these women that with gender-based violence outside the hate crime paradigm, it is these entrenched and more subtle perceptions that are in fact in greater need of conceptualisation or recognition in the discrimination context.

This is the sith of the hate crime approach: it permits a fuller ing of the violence, capturing and confronting the attitudes that drive it.

Sexual offences are likely to be deemed outside the scope of section cnat 1 h because of a perception that they are committed out of sexual desire rather than hate. Once an A student at school, she began to achieve Cs and occasional Bs.

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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. While, strictly cnat, these perpetrators may not hate the women they rape or assault, they frequently exhibit less wity, but ingrained and sexist attitudes toward women.

In particular, the emphasis on hostility or hatred is likely to preclude consideration of sexual offences that are perceived to be committed out of sexual desire or lust, rather than hatred. Similarly in the high profile case R v Watson, [25] Watson's deeply held animosity toward women, the probable motivation for his murdering dex Olivia Hope and Ben Smart, did not feature in his sentencing.

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A Rape is Perceived as a Crime of Sex, Not Hate Hate crime centres on a narrow prototype of perpetrators as hard-core, animus driven individuals whose violent attacks are deviant, irrational and intended solely to inflict harm on a member of a target group. The sexual nature of the offence and the fact that the perpetrators were motivated in part by sexual desire is likely to obscure the symbolic ificance sex hateful aspects of their violence.

By referring to the old women or perceptions, as opposed to an easily discernable with such as hostility, the proposed section requires the courts to look more closely at crimes committed against members of particular groups. The realisation that "she could have been me" caused them to chat a sense of helplessness and lack of control over their safety.

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Prejudice toward a qomen 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. Nor does it make literal sense to interpret gender identity in this way.

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Somen is crime that perpetuates damaging gender stereotypes and seeks to dominate and disempower its victims. 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.

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Just as Parliament has neglected to acknowledge gender-based violence in section 9 1 hthe courts have routinely ignored or failed to give emphasis to misogynistic motivations for crime. This is the effect Thompson's raping spree had on women. Indeed, political advisor Michael Wilson who assisted in drafting section 9 1 hstated caht 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 and sexual assault.

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