Why this man pleaded innocent after killing a transgender woman is frustrating.
In 49 states, people can argue that a homicide is justified because they found out the victim is LGBT. It's time to end that.
Imagine that a 21-year-old woman is beaten by a complete stranger as she's walking home.
Imagine that she dies days later in the hospital.
Imagine that the man who attacked her admits he was the one who did it.
And now imagine that, when asked how he pleads, the man answers, "Not guilty."
This is not a hypothetical story.
This is the story of how Islan Nettles died and how her attacker tried to use one of the most vile defenses imaginable to get away with it.
Photo by Mario Tama/Getty Images.
When James Dixon was questioned by police after attacking Nettles, he admitted he did so because she was transgender.
To hear him describe it, he was justified in beating her.
"I don't go around gay-bashing people," he told police. "I don't care about what they do. I just don't wanna be fooled. My pride is at stake."
After being "tricked by a [sic] transgender" a week earlier, Dixon said the encounter with Nettles sent him into a "blind rage."
And so, initially, he pleaded not guilty.
It's called the "trans panic" defense, and it has been used with varying degrees of success to excuse the murder, battery, and assault of trans people.
Essentially, what "trans panic" means is that someone claims that the act of learning someone else's gender identity sent them into an uncontrolled state where they can not be held fully responsible for their actions.
It's been successful in helping people get lesser charges for violent crimes. For example, in the 2002 beating death of Gwen Araujo, two of her attackers got off with light sentences. In 2014, U.S. Marine Joseph Pemberton choked trans woman Jennifer Laude to death, and in court, he used the trans panic defense and was able to get murder charges downgraded to homicide.
Photo by Jay Directo/AFP/Getty Images.
While Dixon eventually opted for an agreement in which he would plead guilty to manslaughter in exchange for a shortened sentence, the Nettles case has the issue of "trans panic" defense back in the news.
Just four days before Dixon killed Nettles, the American Bar Association came out very publicly against "gay panic" and "trans panic" defenses.
In a resolution, the American Bar Association offered guidance to governments looking to ensure fairness in trial and sentencing of people who commit violent crimes against LGBT individuals.
"The American Bar Association urges federal, tribal, state, local and territorial governments to take legislative action to curtail the availability and effectiveness of the ‘gay panic’ and ‘trans panic’ defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction."
Specifically, the ABA recommended that governments require courts to instruct juries not to let bias on the basis of sexual orientation or gender identity affect their judgement and for these states to specify in law that "neither a non-violent sexual advance, nor the discovery of a person's sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter."
So far, one state has followed the ABA's recommendations: California. Had New York done the same, it's possible Dixon would have been tried for murder instead of manslaughter.
In September 2014, California Governor Jerry Brown signed AB 2501 into law, which states being provoked into a violent act is "not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation."
In other words, in California, you can't kill someone because they're gay or trans and then use that fact as an excuse for your actions. Simple enough, right?
California Governor Jerry Brown. Photo by David Paul Morris/Getty Images.
No one should be killed for who they are or who they love, and while there's nothing that will bring back people like Islan Nettles lost to anti-LGBT violence, the least we can do is not allow it to be excused.
Now is as good a time as any for more state, local, and federal governments to take up legislation to ban use of the "trans panic" defense. Let people clearly know that no, this will not be excused.
Mourners hold a vigil for Jennifer Laude. Photo by Ted Aljibe/AFP/Getty Images.
12 non-threatening leadership strategies for women
We mustn't hurt a man's feelings.
Men and the feels.
Note: This an excerpt is from Sarah Cooper's book, How to Be Successful Without Hurting Men's Feelings.
In this fast-paced business world, female leaders need to make sure they're not perceived as pushy, aggressive, or competent.
One way to do that is to alter your leadership style to account for the fragile male ego.
Should men accept powerful women and not feel threatened by them? Yes. Is that asking too much?
IS IT?
Sorry, I didn't mean to get aggressive there. Anyhoo, here are twelve non-threatening leadership strategies for women.
Encourage.
With permission from Sarah Cooper.
When setting a deadline, ask your coworker what he thinks of doing something, instead of just asking him to get it done. This makes him feel less like you're telling him what to do and more like you care about his opinions.
Sharing ideas.
With permission from Sarah Cooper.
When sharing your ideas, overconfidence is a killer. You don't want your male coworkers to think you're getting all uppity. Instead, downplay your ideas as just "thinking out loud," "throwing something out there," or sharing something "dumb," "random," or "crazy."
Email requests.
With permission from Sarah Cooper.
Pepper your emails with exclamation marks and emojis so you don't come across as too clear or direct. Your lack of efficient communication will make you seem more approachable.
Idea sharing.
With permission from Sarah Cooper.
If a male coworker steals your idea in a meeting, thank him for it. Give him kudos for how he explained your idea so clearly. And let's face it, no one might've ever heard it if he hadn't repeated it.
Sexism.
With permission from Sarah Cooper.
When you hear a sexist comment, the awkward laugh is key. Practice your awkward laugh at home, with your friends and family, and in the mirror. Make sure you sound truly delighted even as your soul is dying inside.
Mansplain.
With permission from Sarah Cooper.
Men love explaining things. But when he's explaining something and you already know that, it might be tempting to say, "I already know that." Instead, have him explain it to you over and over again. It will make him feel useful and will give you some time to think about how to avoid him in the future.
Mistakes.
With permission from Sarah Cooper.
Pointing out a mistake is always risky so it's important to always apologize for noticing the mistake and then make sure that no one thinks you're too sure about it. People will appreciate your "hey what do I know?!" sensibilities.
Promotions.
With permission from Sarah Cooper.
Asking your manager for a promotion could make you seem power- hungry, opportunistic, and transparent. Instead, ask a male coworker to vouch for you. Have your coworker tell your manager you'd be great for the role even though you don't really want it. This will make you more likely to actually get that promotion.
Rude.
With permission from Sarah Cooper.
Sometimes not everyone is properly introduced at the start of a meeting. Don't take it personally even if it happens to you all the time, and certainly don't stop the meeting from moving forward to introduce yourself. Sending a quick note afterward is the best way to introduce yourself without seeming too self-important.
Interruptions.
With permission from Sarah Cooper.
When you get interrupted, you might be tempted to just continue talking or even ask if you can finish what you were saying. This is treacherous territory. Instead, simply stop talking. The path of least resistance is silence.
Collaboration.
With permission from Sarah Cooper.
When collaborating with a man, type using only one finger. Skill and speed are very off-putting.
Disagreements.
With permission from Sarah Cooper.
When all else fails, wear a mustache so everyone sees you as more man-like. This will cancel out any need to change your leadership style. In fact, you may even get a quick promotion!
In conclusion...
With permission from Sarah Cooper.
Many women have discovered the secret power of non-threatening leadership. We call it a "secret power" because no one else actually knows about it. We keep our power hidden within ourselves so that it doesn't frighten and intimidate others. That's what makes us the true unsung heroes of the corporate world.
About the Author: Sarah Cooper
Sarah Cooper is a writer, comedian, and author of 100 Tricks to Appear Smart in Meetings. Her new book, How to Be Successful Without Hurting Men's Feelings, is out now.
The comedic book cover.
With permission from Sarah Cooper.
A satirical take on what it's like to be a woman in the workplace, Cooper draws from her experience as a former executive in the world of tech (she's a former Googler and Yahooer). You can get the book here.
This article was originally published on March 25, 2019.