UK: Mom Convicted for Calling Attacker Faggot
UK: Mom Convicted for Calling Attacker Faggot
The News
An assault victim has been convicted of a homophobic hate crime after she branded her attacker a faggot in text messages whilst ranting about being beaten up.
Care home worker Elizabeth Kinney, 34, was said to have sent a 'barrage' of messages to a former friend during which she described being attacked by a male mutual acquaintance.
During the messaging the single mother-of-four even sent pictures of her injuries from the assault, which resulted in her being admitted to hospital.
But Kinney, an aspiring nurse, was reported to police over the use of the word faggot to describe the unnamed man and later charged with malicious communications offences.
At Sefton magistrates court Kinney, from Tranmere, pleaded guilty to causing to be sent by public communication network an offensive, indecent, obscene or menacing messages.
But JPs said her remark was 'homophobic' and gave her an 'uplifted' sentence of a 12 month community order.
She was also ordered to undertake 72 hours of unpaid work and 10 rehabilitation activity days and pay $477 in costs and surcharge.
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She insisted her words were a 'thoughtless rant' and that she was not attacking anyone's sexuality.
Outlining the facts, Jacqueline Whiting, prosecuting, said: 'The defendant and the victim in this matter had been friends but had a falling out which resulted in an incident on the October 27, 2024 whereby abusive and homophobic text messages were sent to the victim causing her alarm and distress.
'The Crown place this offence in the highest category of its type due to the effect related to sexual orientation and the greater harm because it had moderate impact.'
In mitigation, Kinney's lawyer Simon Simmonds said: 'There had been an incident and in the text conversation Miss Kinney sends photos of her quite badly injured.
'She had to attend hospital. She was effectively ranting and there is not much coming back.
'In terms of motivation and hostility, I do not suppose there was much thought process other than unloading a lot off her chest.
'She was simply upset about what had happened to her.
'There is reference to another male they had both been connected to and this led to an incident not before the court that Miss Kinney was the victim of.
'It all sounds ridiculous and childish and she is quite embarrassed to read them in the cold light of day.
'Though she used the words faggot they were not being used against a person's sexuality.
'They were simply words used without any thought to get it off her chest.
'There was no planning, no targeting, just a response to something that has happened to her - getting something off her chest.'
He added: 'This was a one-off reaction to an incident and she acted in a manner which was below her normal standard of behaving.
'She works at a care home and has done so for 16 years, working with elderly and the unwell and she clearly does this to a decent standard.
'She wants to be a fully qualified nurse and is doing the access course now.
'She is trying to better herself, to get solutions and answers to the issues that she has.''
Sentencing her, JP Robert Waugh said: 'The sentence has been uplifted because of the homophobic content.
'We accept that it may have been made in a rant but nevertheless they were made.'
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None of the messages or context were fully read out at the hearing.
It is thought no-one has been arrested or charged over the assault.
The CPS was contacted for further comment about details of the messages.
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