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Indybay Feature

Gwen Araujo Justice for Victims Act on Way to Governor

by Chris Daley
Anti-bias bill clears California Senate in landmark vote
San Francisco – Aug. 29, 2006 – The nation’s first bill to address use of panic strategies, the Gwen Araujo Justice for Victims Act (AB 1160), was voted out of the California Senate this afternoon. Authored by Assemblymember Sally Lieber and Sponsored by Equality California, the bill puts California firmly on record as opposing a defendant’s use of societal bias against their victim in order to decrease their own culpability for a crime.

"Passage of this bill is a strong step forward in fighting the bias and hatred that have unfortunately crept into our courtrooms," said Assemblymember Lieber of her bill that also modifies an existing jury instruction and mandates the creation of practice materials for District Attorney’s offices. "It will give prosecutors the tools they need to effectively combat the increasing use of these harmful strategies."

The bill now goes back to the Assembly floor, which it has already cleared once, and is then expected to go on to Governor Arnold Schwarzenegger. “Once again, the California Legislature demonstrates that our state is one in which every person is valued," said Sylvia Guerrero, mother of Gwen Araujo. "I’m hopeful that the Governor will follow their lead by signing this bill into law and making sure that our courts are free of bias."

Gwen Araujo, the bill’s namesake, was a 17 year old Newark, CA transgender teen when she was murdered by four men in 2002. Three of the men utilized panic strategies when on trial for her murder in 2004. "This bill ensures that those who commit heinous acts of violence, like those inflicted upon Gwen, will no longer gain the sympathy of a jury by appealing to bias and prejudice as a way to avoid punishment for their crimes," stated EQCA Executive Director Geoff Kors.

A similar bill is currently pending in New York State in response to the savage beating of artist, Kevin Aviance.


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The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities throughout California through direct legal services, community organizing, media and public policy advocacy, and educational opportunities. TLC was an early supporter of the Gwen Araujo Justice for Victim’s Act. For more information, go to: http://www.transgenderlawcenter.org
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