Quote:
Originally Posted by rahl
But my point is that if somebody gets into a bar fight for example, over something as trivial as a sporting event, and the person who lost the fight just happened to be gay, would it be fair to charge him with a hate crime on top of assault? Would that be just?
That's where it gets hairy IMO when it comes to hate crime laws.
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Which is why, as with any other crime, the person has to be found guilty beyond a reasonable doubt.
It is no different than trying to the decide whether the hypothetical brawler should be charged with assault in the first degree and assault in the second degree, or even with sexual assault. The difference in the three types of assault is one of intent.