Idaho police ‘unable’ to charge alleged anti-gay assault as hate crime
LGBTQ+ assaults can’t be recorded as hate crimes in Idaho. (Getty)
Idaho police have said they are not able to charge a man who was arrested for allegedly assaulting a gay couple with a hate crime due to a loophole in the state’s law.
Pedro Villareal was arrested after reports were made that he had shouted antigay slurs at Eric Reed and Juan Olvera outside a restaurant before chasing them to nearby railroad tracks and beating them.
The couple who were assaulted spoke to KTVB about the attack, which left Reed requiring six stitches in his lip. Olvera said about the attack: “I literally felt they were going to kill us for being gay. It’s a scary thing to live through, and I never would wish this on anyone.”
The police arrested Villareal but have said that he can only be charged with a misdemeanour, as the state’s hate crime law apparently doesn’t apply. Although law officials have said they want to pursue hate crime charges, the law in Idaho doesn’t consider crimes that are based on gender identity or sexuality as being acts of hate.
Lt. Jeffrey Peterson, spokesperson for Caldwell police, told the broadcaster: “We’re here to serve the citizens of Caldwell and Idaho, and unfortunately, when we’re unable to give them the justice that they feel that they need, under the application of the law, it is frustrating.”
Idaho’s state law has previously prevented hate crime allegations from being pursued. In 2023, Matthew Alan Lehigh was arrested and charged with malicious injury to property, aggravated assault, and arson following a series of crimes. These included allegedly attempting to drive into a gay couple after vandalising a Pride flag at their home and at a local LGBTQ+ centre.
Hate crime charges against Lehigh could not be levied, despite the clear anti-LGBTQ+ motives behind his actions, until federal prosecutors stepped in.
Currently, hate crimes in Idaho only cover the targeting and harassment of people based on “race, colour, religion, ancestry or national origin”.
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