The district court of Lviv has announced a verdict in the case of an attack on a transgender woman that occurred in August this year. The attacker was found guilty of committing a hate crime. The court ruling explicitly states that the motive for the attack was discrimination based on gender identity.
This was reported by Gender Stream, which provided legal support and assistance to the victim.
This is one of the few, and possibly the first, cases in Ukraine where a hate crime based on transphobia has not only reached court but also resulted in a fair verdict. It sets an important precedent and is a step forward in the protection of LGBTQI+ community rights in Ukraine. But let’s go through the details.
What happened?
On the evening of August 15, in downtown Lviv, a man attacked a transgender woman named Helen. Initially, he verbally insulted her, commenting on her appearance and sexual orientation, and then proceeded to strike her several times in the face.
Gender Stream offered Helen our help. The day after the attack, with our lawyer’s assistance, she filed a complaint with the National Police of Lviv Oblast. Additionally, we sent a request to the Office of the Ukrainian Ombudsman. Thanks to joint efforts, we were able to get the police to register the incident as a hate crime.
What happened next?
Approximately a week later, the suspect was identified, and the Lviv Oblast prosecutor’s office charged him under part 2 of Article 161 of the Criminal Code of Ukraine (committing intentional actions aimed at directly restricting rights based on gender, beliefs, accompanied by violence).
A few weeks later, Helen was invited to an identification procedure, where she confirmed the attacker’s identity. Soon after, the case was transferred to court, and a hearing was scheduled.
Court hearing
The court hearing in the case of the attack took place on October 31. The defendant and his lawyer were present, and Helen’s interests were represented by lawyer Natalia Radionova.
“Despite all circumstances, we considered the case and achieved a fair verdict. The defense tried to change the charges, wanting to requalify the case as a ‘minor bodily harm’ charge. Of course, we rejected this, as all the signs pointed to a hate crime, which the defendant did not deny,” said Natalia Radionova.
The court found the attacker guilty of committing a criminal offense under part 2 of Article 161 of the Criminal Code of Ukraine. This article relates to “Violation of equality of citizens based on their racial, national, regional affiliation, and other characteristics.” The court ruling specifically mentions that the motive for the crime was discrimination based on transgender identity.
The defendant was fined the maximum possible amount under this article’s sanction — 1000 non-taxable minimum incomes (17,000 UAH). The ruling will take effect in 30 days. If the fine is not paid, the court has the right to reconsider the punishment in a more severe direction.
From the moment Helen filed her complaint with the police until the court’s verdict, she was supported by Gender Stream. This case can be called historic because hate crime cases related to homophobia and transphobia are rarely prosecuted in Ukraine.
“This is an important step in the protection of LGBTQI+ rights in Ukraine. Even in the context of martial law, our country has the potential to develop and improve its legislation. This once again demonstrates that we are ready for the adoption of Bill No. 5488, which is aimed at combating intolerance. Ultimately, I am confident that the true traditional values of Ukrainians are freedom, respect, and the protection of human rights,” comments Olha Polyakova, Executive Director of Gender Stream.