The murder of Angela Zapata, and the resulting Hate Crime attachment to Allen Andrade's indictment, is quite important. Mostly because it announces the intention of the State to defend all of its citizens - not just those some approve of.
The transgender community does not enjoy much safety - especially if they are away from "liberal" enclaves. Even there, death and rape are all too frequent an occurrence. There are a number of reasons for this, some of it due to the transgendered individual, all of it due to prejudice.
One of the problems in the TG community is the sense of safety men have. Really. Men go places (many) women wouldn't - simply because the transsexual woman isn't necessarily aware of the danger. They are not expecting violence in the same way a woman would.
Before the muttering mammalians over at Questioning Transphobia get their panties in a twist, I'll hasten to add that I am not saying anything unexpected. I am not defending the perpetrator. I am pointing out a basic fact.
The unfortunate fact of this case, like Gwen Araujo's, is that the victim is easily portrayed as some sort of "deviant". I understand that in many jurisdictions, the attire of a woman is not admissible as a defense in a rape case - the "deviance" defense should not be admissible, either. It allows the defense to portray the victim as liable for the crime committed against them!
Which is something the Andrade's defense attorney, Annette Kundelius, is doing. She's allowed that defense, which might help get the man a Murder 2 conviction (25 to life). Can you imagine a rape trial, where the accused can say "she was dressed provocatively!", and as a result get a reduced sentence? It used to happen. The defense is arguing that Ms Zapata's smile caused the bigot to murder a defenseless individual. And when she proved to be still alive, go at her - again! This man does not deserve leniency, or the luxury of an excuse - he deserves life, with no parole. After all, the person he murdered didn't have chance to enjoy her life.
Angela Zapata was murdered because she was born Justin Zapata. Correct me if I'm wrong, but I don't think that fundamental fact is in dispute. This crime is as heinous as Matthew Shepard's, and Gwen Araujo's murders. Killing someone because they are not "straight" is depraved. Those who would claim they are responsible for their own deaths are equally depraved. They may not be physically culpable - but they damn well are morally culpable.
Carolyn Ann
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