For Immediate Release
Gwen Araujo Justice for Victims Act Becomes Law!
Sep. 28, 2006
Media Contact:
Christopher Daley, Transgender Law Center
(415) 771-7304
Nation's first law addressing use of panic strategies signed by
California Governor
San Francisco, CA - The nation's first bill to address use of panic
strategies, the Gwen Araujo Justice for Victims Act (AB 1160), was
signed into law today by California Governor Arnold Schwarzenegger.
Authored by Assemblywoman 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.
"This is a victory for fairness in our criminal justice system and a
tribute to the courage of Gwen Araujo," said Assemblywoman Lieber of
her bill that also modifies an existing jury instruction and
mandates the creation of practice materials for District Attorney's
offices. "Too many Californians live with the very real fear that
they will be victimized simply because of who they are. Making sure
that our court system treats every one fairly, regardless of
individual differences, is essential."
"I'm overjoyed that the Governor saw fit to recognize that our state
is one in which every person, including my daughter and other
transgender people, must be valued," said Sylvia Guerrero, mother of
Gwen Araujo. "My family and friends received a life sentence when
Gwen was murdered. This victory means that our loss is making a
difference, though, because we're helping to prevent any other
family from going through the same pain and misery."
Gwen Araujo, the bill's namesake, was a 17 year old Newark, CA
transgender teen who was murdered by four men in 2002. Three of the
men utilized panic strategies when on trial for her murder in 2004.
A 2005 Fresno County case against the killer of another transgender
person, Joel Robles, ended in an alarming 4 year plea bargain.
Newspaper reports quoted an Assistant District Attorney as
attributing the light sentence, in part, to threatened use of panic
strategies.
"Panic strategies are a cynical way for homicide defendants whose
victims are members of a disfavored group to appeal to a jury's
worst impulses," said Transgender Law Center Director Christopher
Daley. "The Gwen Araujo Justice for Victims Act is a significant
step towards preventing the same societal bias that killed Gwen and
Joel from affecting a jury's deliberations. It's signage into law
also advances California's status as the most protective state in
the nation for transgender people."
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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:
www.transgenderlawcenter.org
