This was exemplified in the death of a transgender man, Malte C., during a Gay Pride celebration in Münster, Germany.
As per the reports, a 20-year-old defendant was found guilty of causing his death by the Münster regional court. The defendant was convicted of bodily harm resulting in death and was sentenced to five years in youth custody.
The incident occurred during the Christopher Street Day parade last August, which is an annual event to celebrate nondiscrimination, equal rights, and freedoms for LGBTQ+ individuals.
According to the public prosecutor’s investigation, the defendant had approached three female participants in a sexually offensive manner. When they rejected him, he used homophobic language and threatened the group with violence. The transgender man, Malte C., had asked the defendant to leave the women alone, to which he responded with violence. The attacker punched him repeatedly in the chest and face, causing Malte C. to fall unconscious.
After being put into an induced coma, he died several days later due to the severity of his injuries.
The assault caught the attention of the LGBTQ+ community worldwide, with activists expressing their outrage and demanding justice. The Lesbian and Gay Federation in Germany (LSVD) urged the investigative authorities to classify the act as a hate crime motivated by homophobia and transphobia.
However, the court’s decision to convict the defendant of bodily harm resulting in death does not classify the act as a hate crime, despite the use of homophobic language during the attack.
During the hearing, the defendant’s mental instability and addiction to drugs and alcohol were brought forward. The defense argued for an “appropriate juvenile sentence,” emphasising the importance of the defendant overcoming his addiction through therapy.
While the prosecution stated that a risk of further offenses existed, addiction therapy and psychotherapeutic support were suggested to help reduce the chances of reoffending. The court, keeping the severity of the offense in mind, imposed a five-year sentence along with placement in a rehabilitation institution for addicted offenders.
