By Sunita Sohrabji, Ethnic Media Services
A queer Thai man who was walking home early morning Sept. 17 to his apartment in San Francisco’s Tenderloin District, was repeatedly punched in the face, as his attacker allegedly shouted racist slurs.
“I was in shock,” the victim Pat Karaphat told Ethnic Media Services. He described his attacker as a tall, heavily-built man. The former boxer, who is 5’4” and slight of build, said he wanted to fight back, but thought he saw a knife in the assailant’s hand. “He kept on repeating “f*!king Asian,” “f*!king monkey.”
The assailant did not demand money from him or attempt to rob him. Thus, Karaphat believes he was attacked because of his race, and because he is queer, though the assailant did not shout homophobic slurs.
Once in his apartment, Karaphat called 911. The San Francisco Police Department arrived within 5 minutes, he said.
Police Response
Paulina Henderson, a spokeswoman for the SFPD, told EMS in an email interview that police arrived at the scene at 4:17 am on Sept. 17, to respond to a possible battery. “Officers observed signs of injuries associated with a battery. The victim sustained non-life-threatening injuries and declined medical treatment.”
“While the victim was being assaulted the suspect made racist statements,” said Henderson. She added that this is an active and open investigation. No arrests have been made thus far.
In response to a question as to whether the case was being investigated as a hate crime, Henderson said: “Every aspect, including whether this was hate motivated, is being explored.”
Racism is not tolerated
“The San Francisco Police Department does not tolerate racism of any kind. No one should be targeted because of their race, religion, gender, sexual orientation, or any other shared characteristic,” she said.
Anyone with information is asked to contact the SFPD at 415-575-4444 or to text a tip to TIP411 and begin the message with SFPD.
A police report taken at the scene notes Karaphat stated that he was approached from behind by a tall man and punched 5 times, while the assailant yelled the racial slurs.
The police report noted that the victim had left cheek redness and swelling, and abrasions on the left nasolabial folds. The final diagnosis listed on the police report was “closed head injury.”
Sentencing
Simple battery results in jail time of up to 6 months in California, whereas aggravated battery carries a sentence of one year in jail if it is charged as a misdemeanor. Aggravated battery can also be charged as a felony, which carries a maximum sentence of four years in prison. A hate crime conviction can add 2 to 5 years to a sentence.
But hate crimes are extremely difficult to convict, California Attorney General Rob Bonta told EMS in an interview earlier this year. “They require proof of intent. By design, a hate crime must originate with the hate element, which is often difficult to establish,” he said.
Last year, 1,970 hate crimes were identified by law enforcement in California, but just 5 went to trial, according to a report from Bonta’s office.
Santa Clara County Deputy District Attorney Erin West, who has prosecuted hate crimes for over 26 years, said bias must be the motivating factor for the crime. In most hate incidents, bias is not the motivating factor, she said. Offensive language may be yelled out during the course of a robbery, but that would not constitute a hate crime, West explained.
Hurt so deeply inside
Later that morning, at the urging of friends, Karaphat went to the Emergency Room at Kaiser Permanente. He underwent a CT scan there. Karaphat was diagnosed with a head injury and told to watch out for symptoms of a concussion, including persistent headaches, nausea and dizziness, vision changes, confusion, and a loss of consciousness, even for a short time. He was also told to take two days off from his job at the Dumpling Time restaurant.
“I am in no physical pain. But it hurts so deeply inside. I feel trauma and so much fear to leave my house,” said Karaphat.
He noted that the LGBTQIA community in San Francisco has given him much support in the days following the attack.
Karaphat said he doesn’t just want to see his attacker to go to jail. “I want something bigger. We deserve to walk safely to our homes, in whatever neighborhood we live in. This city needs to make a lot of changes to be a better place for all of us to live,” he said.
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