March 2, 2012
Boston man says he was attacked on T because he's gay
Kevin Mark Kline READ TIME: 3 MIN.
A Boston man who was attacked by a group of teenage girls on the T says he was targeted because of his sexual orientation, according to WHDH.com.
The alleged victim was found at the Forest Hills MBTA station Sunday with cuts on his face and a bloody nose. The man told police he was beaten by a group of young women who used racial slurs during the attack, and that he believes he was targeted because he is gay. Police say the group of at least three teens kicked and punched the man and stole his backpack, which contained a digital camera, iPod, and personal items.
Police questioned an 18-year-old Dorchester suspect, but are continuing the search for at least two other teenage suspects, and are investigating the attack as a possible hate crime.
"Some statements were made relative to his sexual orientation and we have conferred with the district attorney and the attorney general who have advised us to pursue that avenue," said Dep. Chief Joseph O'Connor, MBTA Transit Police.
Passenger Priscilla Ballou told WHDH.com, "He was on the receiving end of two kinds of violence; one the physical violence against his body, and the other the hate violence against his spirit."
The 18-year-old faces charges of unarmed robbery, but could also face assault and battery, and hate crimes charges.
Update: Alleged attackers are lesbians
Three young women have been arraigned in the attack and pleaded not guilty to civil rights charges, Boston.com reported.
Felicia Stroud, 18, Erica Stroud, 21, and Lydia Sanford, 20, were arraigned in West Roxbury District Court on charges of assault and battery to intimidate. Felicia and Erica are sisters.
According to prosecutors, the victim may have brushed up against the three women with his backpack prior to the attack.
Felicia and Erica Stroud's mother defended her daughters, saying they are lesbians and would never target someone based on sexual orientation.
"My daughters are not hateful people. They love everyone and would never beat a person up based on their color or being gay," said Carolyn Euell.
Lawyers for the alleged attackers claim that the women can't be charged with a hate crime based on the victim's sexual orientation since the three women are themselves openly gay. "My guess is that no sane jury would convict them under those circumstances, but what this really demonstrates is the idiocy of the hate-crime legislation," civil liberties lawyer Harvey Silverglate told the Boston Herald. "If you beat someone up, you're guilty of assault and battery of a human being. Period. The idea of trying to break down human beings into categories is doomed to failure."
Prosecutors in the case and the American Civil Liberties Union of Massachusetts aren't buying it, however. "Someone who is Jewish can be anti-Semitic," said ACLU staff attorney Sarah Wunsch. "The mere fact that someone is a member of the same class doesn't mean they could not be motivated by hatred for their very own group."
Assault and battery with intent to intimidate can carry up to a 10-year prison sentence.
"The defendants' particular orientation or alleged orientations have no bearing on our ability to prosecute for allegedly targeting a person who they believe to be different from them," said Jake Wark, a spokesman for Suffolk District Attorney Daniel F. Conley. Wark said prosecutors will have no problem proving that the defendants committed a hate crime, regardless of their sexual orientation.