By: Nathaniel Greene, Community & Culture Reporter

In an era where political rhetoric often fans the flames of division, the prosecution of hate crimes remains one of the justice system’s most formidable challenges. Despite a staggering 1,970 hate crimes reported in California in 2023, only five cases went to trial. This alarming disparity highlights the difficulties victims face in pursuing justice, especially amidst a rising tide of hate-fueled violence against Black people, Jewish communities, Muslims, and the LGBTQ community. This was the stark reality discussed at a recent briefing titled “Medicaid: The Challenge of Prosecuting a Hate Crime,” held by Ethnic Media Services on Aug. 23. Here, victims, legal experts, and advocates laid bare the systemic hurdles and the urgent need for reform.

Monthanus Ratanapakdee: Seeking Justice for a Father’s Murder

Monthanus Ratanapakdee recounted the harrowing story of her father, Dicha, an 84-year-old Thai American who was killed while taking his daily walk in San Francisco. Despite clear indications of bias, no hate crime charges were added to the murder case.

“The delay feels like a denial,” Monthanus said, voicing her frustration at the nearly three-year wait for justice. “We believe this was a hate crime because of the way the attacker behaved — celebrating after knocking my father down and refusing to call an ambulance. But the district attorney’s office says they don’t have the evidence to prove hate as a motivating factor.”

She emphasized the pain of seeing the justice system’s slow pace and lack of clarity:

“We have a right to a speedy trial, but it feels like both the victim and the defendant are being denied fair treatment. I’m standing up for my father, attending every hearing, because justice delayed is justice denied.”

Kuni: A Victim of Hate and Bureaucracy

Kuni, a bartender, faced an attack that seemed steeped in hate. Pepper-sprayed and told to “go back to your country” while closing her bar, she felt doubly victimized — first by the attacker and then by the system.

“The prosecutor said he didn’t see or hear the part where she told me to go back to my country, even though I showed the video multiple times,” Kuni explained. “I felt like I was attacked twice — first by the suspect, and again by the prosecutor’s office that didn’t take my side.”

Kuni described her ongoing struggle with PTSD and anxiety from the attack, sharing, “I still fear walking on the street. I had to go to therapy every week just to manage my anxiety and panic attacks. It feels like justice is not on my side.”

Erin West: The Complexities of Prosecuting Hate Crimes

Erin West, a Deputy District Attorney for Santa Clara County, provided insight into the complexities involved in prosecuting hate crimes.

“To charge a hate crime, we need to prove not only that a crime occurred, but that bias was a substantial reason for that crime. It’s not enough to know a crime was committed; we have to prove what the attacker was thinking,” West explained.

Acknowledging the frustrations of victims, West added, “We care very much about hate crimes, but the statistics often don’t reflect the reality. For example, we tried 20 hate crimes last year, but if you only look at new cases brought forward in a single year, it can seem like nothing is happening. That’s why we need better reporting systems from the Department of Justice.”

Manjusha Kulkarni: The Broader Need for Change

Manjusha Kulkarni, co-founder of Stop AAPI Hate, highlighted the broader systemic issues that contribute to the underreporting and under-prosecution of hate crimes.

“There’s often a reluctance from law enforcement to see things as hate crimes,” she explained. “Prosecutors don’t always have enough evidence to prove bias, and when hate crimes aren’t prosecuted, it perpetuates a cycle of injustice.”

Kulkarni emphasized that most hate incidents don’t meet the threshold for criminal prosecution but still cause significant harm.

“We need to focus on prevention and direct intervention — mental health services, training, and community programs that address hate in all its forms,” she stated. “It’s not enough to prosecute hate crimes; we must work to prevent them and heal communities that suffer from them.”

A Call for Change in an Unjust System

The briefing underscored the urgent need for reforms in how hate crimes are prosecuted and how victims are treated. The current system’s failures leave many victims without a sense of closure or justice, reinforcing distrust in the very institutions meant to protect them. As hate crimes continue to rise, it is clear that comprehensive changes are needed — from better evidence-gathering to more robust community support and prevention measures. Victims like Monthanus and Kuni should not have to fight alone in their pursuit of justice. In the face of hate, silence is not an option, and neither is inaction.