Murders of Non-heterosexuals as a Hate Crime (Based on Court Decisions)

Shtorn, Evgeny

doi:10.22394/2074-0492-2018-1-60-78

Cited by 6 publications

(3 citation statements)

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“…Russia's major censorship state agency, Roskomnadzor (the Federal Service for Supervision of Communications, Information Technology and Mass Media), enforces this law by ordering the withdrawal of information rendered 'propaganda of non-traditional sexual relationships' from public access. But its effects go further than mere law enforcement, as this book and other studies show (Shtorn 2018;Novitskaya 2021;Utkin 2021b;Soboleva and Bakhmetjev 2015;Kondakov 2017b).…”

Section: The Reconfiguration Of Powermentioning

confidence: 87%

“…The contexts of the crimes described in the rulings and the professional status of victims and perpetrators, which is sometimes revealed, suggests that many of the criminal incidents occurred in deprived settings: poor neighbourhoods, towns and villages across Russia. A common pastime in such places is to gather in someone's flat to drink strong liquor -a consumption pattern associated with poverty (Shtorn 2018;Kondakov and Shtorn 2021) -and as the drinking progresses, sexual tensions may develop, which may result in violence. Such everyday crimes would commonly result in average sentences.…”

Section: The Social Hierarchiesmentioning

confidence: 99%

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Violent Affections: Queer sexuality, techniques of power, and law in Russia

Kondakov¹

2022

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List of figures and tables viii Acknowledgements ix Series editor's preface xii Introduction: neo-disciplinary power 1 Part I: The authority of law 23 1 The legal field 27 2 From a place of indifference 48 Part II: Unruly sexuality 74 3 Russia in queer colours 77 4 The sexual subject of law 101 Part III: Affects, emotions and law 125 8 Conclusion: the global Memeticon 198 References 211 Index 227VIOLENT AFFECTIONS viii List of figures and tables new guests brought along two more bottles of vodka. In the courtroom, these two men claimed that during the time that elapsed after their arrival, there was a marked increase in tension between Tatyana and Oleg. Tatyana allegedly called him a person with 'non-traditional sexual orientation', requested money from him, and repeatedly bothered him. At one point, Tatyana took Oleg to her bed and 'sat on his face with her genitals, also trying to push her panties into his mouth'. He resisted, which she saw as proof of his homosexuality. One of the guests stood up for Oleg and was locked in a closet, only to be taken to a cemetery later where he was forced to dig his own grave, in which he was buried alive.As the night progressed, Oleg was forced to put on the yellow dress and tights in which the police later discovered his body. The three defendants would soon be found guilty of beating him with their fists, feet and empty vodka bottles. According to the case file, blood was all over the place and Oleg could hardly walk when the drunken group took him to their car and drove in the direction of the Oka River dam. When they arrived, they opened the boot of the car and took Oleg out. He started to walk but fell into a nearby ditch, where he would lie for another week, unfound and eaten by maggots. The defendants left and headed to the victim's flat to pick up some of his belongings, including a TV, a microwave oven and a loudspeaker system. They returned to the original flat, where one of the defendants engaged in sex with Tatyana, and the rest of the guests had sex with another woman.The events of that night were interpreted by the district criminal court as manslaughter (the man who had been buried alive luckily survived the assault and was simply ignored by the court). The judge held that the defendants did not have the intention to kill (this would have constituted murder), but simply caused injuries eventually incompatible with life (manslaughter). In establishing whether the victim was a gay man, the court reviewed a forensic examination of his anus, in which 'spermatozoa were not found'. The three attackers were sentenced to 8 and 9 years in a high-security facility -two of the men were already convicted criminals and therefore received one additional year on their sentences. The rest of the group were summoned only as witnesses, including Tatyana.

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Section: The Reconfiguration Of Powermentioning

confidence: 87%

Section: The Social Hierarchiesmentioning

confidence: 99%

Violent Affections: Queer sexuality, techniques of power, and law in Russia

Kondakov¹

2022

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“…In Russia, there are many pieces of legislation that explicitly protect people from hate crimes (Dubrovskiy, 2020; Verkhovsky, 2015), but no law references victims’ sexuality. Hate crime is an area of criminal law that has been very well developed over the recent decades and sexuality has been covered by it, but only in court practice and minimally (Kondakov, 2019b; Shtorn, 2018). To begin with, there is a separate Article 63 in the Russian Criminal Code that lists aggravating circumstances and states that they include ‘a crime motivated by political, ideological, racial, ethnic or religious hatred or enmity, or motivated by hatred or enmity towards any one social group’ (Kondakov, 2019b: 3–4).…”

Section: Russia and Ireland: Worlds Apart?mentioning

confidence: 99%

Challenging the logic of progressive timeline, queering LGBT successes and failures in Ireland and Russia

Kondakov

2021

Sexualities

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This article offers a critical view of progressive timeline that is a characteristic trait of composing LGBT (lesbian, gay, bisexual, and trans*) world maps and, in general, of thinking about queerness globally. I regard linear narratives of time as the manifestations of power that assign progress to the imagined ‘West’ and backwardness to the ‘East’. In this effort, I, therefore, advance critical scrutiny of spatio-temporal notion of progress, but centre on time rather than space which has been the focus of previous studies. The discussion of the work of Muñoz and Edelman helps to propose criticism of progress inherent even in queer approaches to time. Conclusions from the review of this discussion are then used to study developments of ‘LGBT progress’ in two countries, namely Ireland and Russia. My analysis shows that evaluation of the countries’ experiences on the progressive timeline fails to account for nuances and heteronormativity still present in both contexts regardless of their spatial polarisation.

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Violence in Queer Families: Symbolic Recognition of Same-Sex Relationships in Russian Law

Kondakov

2023

J Fam Viol

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Purpose This paper deals with criminal court cases of intimate partner violence in queer families (IPV) in Russia. It aims to uncover ways for these families to be recognized in law, even if only for the purposes of deciding cases of violence among LGBT + partners. Methods The study deploys methods of discourse analysis to uncover powers which produce the texts of court rulings. The article is based on close examination of nine cases of IPV occurred in various places across Russia. Eight cases concern bisexual and lesbian women; one case is about men in a same-sex partnership. Results The analysis suggests that only the most severe cases of IPV reach criminal courts in Russia (murder, manslaughter, and serious injuries). As courts deal with violence among intimate same-sex partners, they have to discuss LGBT + identities, queer sexualities, and same-sex families more broadly, as well as such forms of violence which are not criminalized but build up to the ultimate violent act (psychological and financial violence, battery). Conclusions Regardless of reluctance to recognize queer families in family law, same-sex relationships are already recognized in the legal discourse with the help of various categories for the purposes of processing criminal cases. However, this recognition casts queer families as subordinate and pathological, especially through the widespread invocation of traditional values rhetoric.

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Murders of Non-heterosexuals as a Hate Crime (Based on Court Decisions)

Cited by 6 publications

References 0 publications

Violent Affections: Queer sexuality, techniques of power, and law in Russia

Violent Affections: Queer sexuality, techniques of power, and law in Russia

Challenging the logic of progressive timeline, queering LGBT successes and failures in Ireland and Russia

Violence in Queer Families: Symbolic Recognition of Same-Sex Relationships in Russian Law

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