When an 18 year-old Hindu boy, Sanjay Nair, was arrested on charges that he assaulted and raped his 15 year-old Muslim girlfriend in a California store, his reported remarks to the girl complicated an already serious crime. Nair is alleged to have made “a history of remarks denigrating her religion” both before and during the sexual assault, prompting “hate rape” allegations, according to Palo Alto Police Chief Pat Dwyer. However, the DA evenutally decided not to file hate crime charges. “We don’t believe that was the substantial motivation for that attack,” said Assistant DA Karyn Sinunu. That decision struck a nerve with Bay Area groups such as Maitri and Narika, galvanized into action from previous local incidents involving violence towards women. “It’s still a violent crime,” says Narika’s Nahid Sheikh. “Whether the police charge it as a hate crime, it’s still a misogynist crime.” The case has attracted international attention, particularly because it mirrors the many documented cases of rape and assault in Gujrat, India. Nair, who would have had an additional 3 years in prison if charged with a hate crime, is being held on a $20,000 arrest warrant at the Santa Clara County Jail in San Jose.
Zahed Amanullah is associate editor of altmuslim.com. He is based in London, England.