While
'Boys Don't Cry' basks in the media spotlight at the Oscars, the fact
that Brandon Teena's story is far from unique will continue to go
unnoticed. Below the media radar, hate crimes against transgendered
people are apparently on the rise.
Odds are that
Hilary Swank will pick up a gold-plated Best Actress statuette at
this Sunday's Academy Awards awards, thanks to her poignant turn as
Brandon Teena in the sleeper hit "Boys Don't Cry." And if previous
award shows are any indication, Swank's acceptance speech will end
with a tribute to Teena himself, a 21-year-old woman who lived as a
man, and who was murdered on New Year's Eve 1993. Viewers at home will
nod sadly, perhaps even shed a tear as they did at the film, and then
head off to the fridge for a helping of Chunky Monkey. And thanks to
the media's collective disinterest in hate crimes against any
transgendered person besides Brandon Teena, they will never know that
Teena's death was no isolated tragedy.
Like Matthew Shepard,
another white teen from the sticks cruelly slain by the intolerant,
Teena has taken on iconic status since his death. His story has been
recounted in a film, a documentary, a documentary about the the film,
and mainstream press attention ranging from The New Yorker to
"20/20."
In the meantime, however,
virtually no attention has been paid to the apparent rise in attacks
on transgender people. Virtually no one has heard of Donald Fuller,
18, stabbed multiple times and left dead in a forest outside of
Austin, Texas in January 1999; of Vianna Faye Williams, 36, stabbed
nine times in Jersey City in December 1998; or Tracey Thompson, 33,
beaten to death with a baseball bat on a remote country road in
Georgia last March.
Although a study released
last year by the
National
Coalition of Anti-Violence Programs found that "anti-gay
incidents" overall decreased 4 percent between 1997 and 1998, it also
reported that the number of transgender victims of hate crimes had
increased by 49 percent. The study is considered the most definitive
in tracking cases of violence involving transgender victims.
Some of that growth can
likely be attributed to increased reporting of such incidents, says
Riki Anne Wilchins, executive director of GenderPAC, the leading
transgender rights lobbying group. But Wilchins also believes there is
a genuine "upward spiral" of violence directed at the transgendered,
including as many as one murder per month.
The community's own
findings certainly show a disturbing base-level of violence. According
to a 1997
survey by GenderPAC and the National Gay and Lesbian Task Force,
close to 60 per cent of transgender people reported having experienced
some sort of harrassment or violence.
Why hasn't the press paid
attention? It's understandable that each and every transgender murder
or assault doesnt get full-bore media attention, but the persistent
silence surrounding a trend of violence -- a trend illustrated in a
hit movie, no less -- seems unnatural for the time-hook-happy
mainstream media.
Moreover, the recent
focus on hate crime issues by the media and legislatures has not
extended to include transgender people, despite the active
lobbying
efforts of groups like Human Rights Campaign and GenderPAC. While
22 states and the District of Columbia cite "sexual orientation" as
motives included in their hate crimes statutes, only four --
California, Missouri, Vermont, and Minnesota -- also protect victims
of "gender identity/expression" or "gender orientation" bias.
On the federal level, the
Hate Crimes Prevention Act currently pending in Congress may protect
transgender people because it cites "real or perceived" gender as a
prohibited motive. However, admits Blake Cornish, federal legislative
lawyer for the National Gay and Lesbian
Task Force , the chances of that wording being interpreted to
protect the transgendered are much better under the Clinton
administration. If Bush gets into office, says Cornish, his Justice
Department appointees could could interpret that phrase differently --
as could individual courts around the country.
Because laws against hate
crimes based on gender bias aren't on the books in most of America,
law enforcement official and prosecutor often shy away from that
inflammatory phrase. "Even Brandon Teena's death wasn't called a hate
crime by the sheriff," scoffs Wilchins.
But that doesn't mean
that at least some of the recent spate of murders aren't hate crimes.
One of the factors courts weigh when deciding if a hate crime has
occurred is judging whether excessive violence was applied in the
commission of the crime, according to Sean Cahill, research director
of the NGLTF's Policy Institute.
Scanning a random array
of transgender murder victims from 1998 through the present is a study
in brutality. Take Alina Marie Barragan, a 19-year-old pre-operative
transgender woman from San Jose, Calif., who volunteered at a local
gay and lesbian community center. Barragan met Kozi Santino Scott in a
bar last January, and reportedly went home with him. That same night
Barragan was strangled and stuffed into the trunk of a car.
Then there's the case of
Donald Fuller, a crossdressing teen from Austin, found with his throat
cut and with 60 stab wounds in an incident the police commander called
"sadistic." The list also includes New Jersey's Kareem Washington, 21,
stabbed multiple times; Clovis, Calif.'s Chanel Chandler, 22, stabbed
to death and her apartment subsequently burned down; and Rita Hester,
34, stabbed 20 times in her apartment near Boston. Many of these cases
remain unsolved, unprosecuted and obscure.
It's easy to make a
supposition why the media has ignored this disturbing trend. The
victims, several of whom are suspected of being prostitutes or "street
people," aren't quite as accessible to mainstream America as a sweet
country boy being played by a former "Beverly Hills 90210" hottie. And
of course, there's the built-in assumption that anything that sniffs
of transsexualism is fit only for freak-show exhibitions like Riki
Lake, not for the 6 o'clock news.
But even more than bias,
the most probable cause of the paucity of transgender coverage and
protective hate crime legislation stems from the same root: plain
ignorance. Even a cursory glance at reviews of "Boys Don't Cry"
reveals that while most critics admired the film, few absorbed its
main point: that Brandon Teena was a biological girl who felt innately
that she was a man. Most of the media instead cast Teena as a Yentl
for the new millennium, rather than a victim of anti-transgender
bigotry. That's too bad, because Teena's legacy could be so much
greater than a poignant film: His death could have been a wake-up
call.