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So in Mexico you get 20 years for murder but 70 for transfemicide. pic.twitter.com/9ULkW897xt
— British Australis 🇬🇧🇦🇺 (@Nademocist77) July 24, 2024
So, uhhhh.
When they invented “hate crimes,” they said that the same crime can have different punishments based on the context.
This has always been a little bit true, as there have always been “mitigating circumstances,” even in the case of murder. For instance, if you walk in on your wife having sex with another man and you kill one or both of them, that is different than plotting to kill your wife because you’re fed up with her shit and then following through with the plot.
If you kill your wife as soon as you discover her with another man, you are typically going to get a softer sentence, because everyone sort of understands and sympathizes with you, even though murder is still a serious crime and you must be punished for it regardless.
“Hate crimes” are a lot different. Firstly, they can’t really be proved. If a white guy kills a black guy during an argument in a parking lot, any prosecutor is going to look into his social media and see if they can find him making some racist comment and then claim it’s a federal hate crime. You can’t actually prove that the fact the guy was black was related to the murder. Even if the guy is on video calling the victim the n-word, that doesn’t actually prove that if the victim had been another white man, you wouldn’t have done the exact same thing. These are not like “mitigating circumstances,” where the key word is “circumstances,” this is a baseless claim about what a man was thinking at the time he committed a crime.
I guess because that sort of thing doesn’t really make sense, now they’re just saying that there are protected groups whose lives are worth more than other people’s lives, regardless of circumstances. That’s actually a good way of streamlining the “hate crimes” thing.
When the trans sex worker Paola Buenrostro was killed by a client in Mexico City, her friend Kenya Cuevas grabbed the man to stop him fleeing and recorded the scene as police arrived amid sirens, screams and red and blue lights.
Despite the footage and witness testimonies, a judge considered there was insufficient evidence to hold the man and released him after 48 hours, since which time he has been on the run.
That night in 2016 turned Cuevas into an activist. And last week, after years of campaigning, Mexico City passed a law making transfemicide a crime with a prison sentence of up to 70 years – a “watershed” moment in one of Latin America’s deadliest countries for trans people.
“For the first time, we can feel represented before the law, and that violence against us really carries a severe punishment,” said Cuevas at a gathering on Sunday to recognise the victory. “For the first time, I can feel some satisfaction, some peace, after all these long years of work.”
The law, named in honour of Buenrostro, was passed almost unanimously in the state congress.
Mexico City is the second of the country’s 32 states to criminalise transfemicide. Earlier this year, Nayarit, a small state on the Pacific coast, introduced sentences of up to 60 years for the crime.
Mexico has gotten really weird.
Trans activists celebrate in front of the Congress of Mexico in Mexico City, 18 July 2024.
It was of course already illegal to kill a tranny. But you probably would have been sentenced to 15 years, as you would with killing a normal person in a non-premeditated situation.
Mexico’s average sentence for premeditated murder is 30 years, twice that of non-premeditated (based on data I was able to find just now). “Premeditated” is always worse than getting in a fight with someone and killing them. This is reasonable, given that plotting to kill someone is very different than a situation where things get out of control and you end up killing someone based on your emotions that you’re feeling at the time. Killing anyone is always a big crime, but these two types of murder are different, and halving the sentence when you didn’t plan the murder (or doubling it when you did plan it, whichever way you want to view it) is logical and just.
People should not kill hookers.
However, planning to kill a hooker is very rare. Prostitution is obviously associated with drugs and a generally seedy atmosphere, and this creates the types of conditions where you would expect things to get out of hand and for murder to happen more often in this type of environment.
A non-premeditated prostitute murder is not rare, and prostitutes know this. They are putting themselves in situations they know are dangerous in order to make money doing something immoral, which should really lighten the sentence for killing them. But let’s say you just get the normal sentence for killing a prostitute: it’s probably going to be 15 years. Now, if that prostitute is a man dressed like a woman, you are going to be sentenced to nearly 5 times that? And more than twice what you would get for the premeditated murder of your wife?
This is very strange.
But we have to admit: it does make more sense than US “hate crimes enhancement” laws.
