Dear Jon:

Last week as I was walking home from a nite of fun on Halsted Street, a car drove by and yelled "faggot" and "homo" and sped away. I know that they probably didn't commit any crimes by their actions, but I have to tell you that it did frighten me a great deal. For a moment, I thought about just how vulnerable we all are as happily go about our business. But what struck me most was how quickly these ignorant people had come and gone. It was over in a second and if something should have happened I'm guessing that it too, would be over in an instant. Any thoughts?

--Marco

Dear Marco:

Well you are correct that what you have described is probably not in itself a hate crime. Language alone, including epithets and slurs are generally considered protected speech within the First Amendment. To rise to the level of a hate crime, there must be what we call a predicate criminal offense such as assault, battery, or criminal damage to property. And that offense must be motivated, in part, by the victim's perceived membership in a certain demographic, such as sexual orientation or race. However, incidents like the one you have described can be reported to the Chicago Police Department as non-criminal incidents motivated by hate.

You should generally use "311" to report such incidents which are then submitted to the Civil Rights Section of the Chicago Police Department where they are reviewed by Civil Rights Officers. It is important that the Police are made aware of such incidents for they can assist the police in determining potentially tense or volatile community situations. And very often those that engage in such behaviors are just warming up to an actual hate crime, so it can be helpful to alert the local police to the presence of the potential bad guys.

And Marco, you are correct that most street crime occurs very quickly and very often the strength of a case may rise or fall based upon the victim's or whiteness's ability to provide a sufficient identification of the offender. There are several important things to keep in mind which will enable you to give the police an accurate description and assist the police in apprehending the offender.

First and foremost, it is critical that the incident be reported as quickly as possible and that you report any words of hate. You should note the exact location and time of the incident, and whether you have seen the offender in the area before. When the offender leaves, make sure you can describe the direction of flight.

If the offender is in a car, get the license plate number. If you have trouble remembering numbers or have nothing to write with, use that cell phone and call a friend and leave the plate number on his voicemail just before you call the police.

Check for the sex, race, age, height (it can be helpful to judge the height by comparing the offender's to your own), weight and build of the offender. Look for facial information as well such as hair color, texture, hairline and hairstyle. Try to describe the shape of the face (oval, round, square), the complexion, facial hair and eye-brows.

A description of the clothing is also very important and you should look for anything unusual, such as ill-fitting clothes, logos, colors, shoes, hats, and my favorite, the proverbial "I'm with stupid" t-shirt.

With summer upon us and as we are in the midst of Pride Month, it is important that all of us the GLBT community are reminded that we are all in fact vulnerable. And it is important to remember that what makes hate crime so repugnant is that it is a crime against an entire community. As we celebrate in the coming weeks we should all keep in mind that a great way to express our pride is to work together to combat hate crime.

--Jon

***This column is not legal advice but is intended solely as entertainment.***