Why the Grindr attacker's ruling matters
The so-called "Grindr Hunter" was sentenced to 12 years after being found guilty of attacking at least five people. The decisive factor influencing the use of "gender hatred."
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BUENOS AIRES, Argentina. Attackers who targeted victims through the dating app "Grindr" to rob and assault them were convicted of robbery and aggravated battery based on hatred based on sexual identity. This is "a historic precedent" for the Argentine justice system, which for the first time recognized discrimination based on sexual orientation as an aggravating factor in these types of crimes. It will allow such criminal acts to be analyzed from a gender and diversity perspective.
"The ruling sets a precedent in the Argentine justice system. It's a step forward because if this happens to someone else, there's already a case in which biased selection of victims based on their sexual orientation was taken into account," Pablo D'Elía, a 36-year-old man and a visible cultural figure in the LGBTIQ+ community, told Presentes
In September 2022, D'Elía was attacked at his home in the early hours of the morning by two men . They had contacted him through Grindr. They choked him, tried to drug him, and beat him. He posted what had happened to him on his social media, and messages began arriving from other victims who had experienced similar things .
The sentence
"I don't know how many fuckers I've robbed already. Haha. More than 30," said Leandro Omar Reynoso, one of the convicted men, in an audio recording that proved key to the investigation of the case.
On December 30, Judge Javier Esteban de la Fuente of the 27th Criminal Court sentenced Reynoso to 12 years and 3 months in prison and Enzo Bustamante to a two-year suspended sentence. In the abbreviated trial, he found them guilty of attacking five men and robbing their homes in the City of Buenos Aires in different months of 2022.
The sentence was handed down based on five cases , but during the investigation the Prosecutor's Office together with the Specialized Prosecutor's Unit on Violence against Women ( UFEM ), the Specialized Prosecutor's Unit for Complex Criminal Investigation ( UFECRI ), the Secretariat of Criminal Investigations (SIPE) and the General Directorate of Investigations and Technological Support for Criminal Investigations ( DATIP ) found that 30 men were attacked by Reynoso using the same method during 2022 .
One perpetrator, several crimes
Regarding Reynoso's actions, the investigation and the judge's analysis concluded that it involved a series of actions with similar characteristics.
“Specifically, he contacted homosexual men residing in Buenos Aires through the social network 'Grindr' and arranged meetings at the victims' homes. Upon arrival, he offered to prepare an alcoholic beverage, taking advantage of a moment of distraction to place some type of substance with soporific effects (…). The victims only needed to drink one glass to lose consciousness, and in some cases, the effect and feeling of dizziness lasted up to two days. In addition, some victims were attacked by hand-choking, beatings, cutting, stabbing, or threatened with weapons. He then stole valuable assets and emotional belongings from the victims who were in their homes. In some cases, he also defrauded the victims, either by transferring sums of money they had in their banks or in the financial system, or by requesting loans in their names and, once credited, withdrawing the amounts to their electronic wallet or bank account,” the prosecutor explained. judge in the ruling.
Thus, he convicted Reynoso of several crimes. The main one was "simple robbery, in conjunction with minor injuries aggravated by its commission through malice aforethought and hatred of the victim's sexual identity, in conjunction with computer fraud." Enzo Hernán Bustamante Núñez was convicted of being a co-perpetrator of attempted simple robbery.
Theft and hatred of gender
Regarding the aggravating factor of hatred based on sexual orientation, the judge stated: "It cannot be ignored that the physical assault has no other explanation in this case, since it was not necessary to carry out the abduction, given the victim's condition."
In this regard, the UFEM had prepared a report in which it highlighted that the victims testified that Reynoso not only damaged their property and vandalized their homes. He also targeted objects that could have been linked to homosexuality at the scene: certain medications, objects, symbols, and condoms.
The plaintiff's attorney was Luciana Sánchez. "She managed to have hatred of sexual orientation taken into account. That was the most important thing: setting this precedent," said D'Elía. Sánchez also led the family's complaint in the trial for the transvesticide of transvestite activist and human rights defender Amancay Diana Sacayán . In that trial, the Fourth Criminal and Correctional Court of the City of Buenos Aires sentenced Gabriel David Marino to life imprisonment for the crime. In the historic verdict, it ruled that it was a hate crime and that gender-based violence was involved. For the first time, the court used the term "transvesticide" in the case files.
With the sentence, D'Elía found "a bit of peace." However, he believes that "positive change, so that society understands it, is a much bigger task, one that is still in progress."
How to use apps safely
Faced with situations like these and other more or less serious ones, journalist and HIV+ activist Lucas "Fauno" Gutiérrez compiled a list of recommendations, tools, and tips for enjoying app-based encounters while avoiding risks. Here's the list:
1- The first thing is to know who we're talking to. For that, in addition to photos, you can ask for their social media accounts, WhatsApp, and other information.
2- Do you know what a 'Catfish' is? They're people who use fake photos and information on social media to deceive us. So, just send them their social media accounts; you have to verify that they're theirs.
3- Always let someone know what you're going to do and where you'll be. You can send the information or your real-time location to a friend and keep them updated on how everything is going.
4- Try to find yourself in public, busy places. If you're already familiar with them, even better. If not, check where they are, how to get back, transportation availability, etc.
5- If you're going to someone else's house or have guests over, make sure you know who's entering by asking for their social media accounts and any contact information. Also, let your friends know. If you're going to have someone over, remember not to leave valuables unnecessarily loose.
6- If you're going to consume something—from a drink to a substance—try to make it your own. For example, if it's a drink, make sure it's opened in front of you.
7- If you need to file a complaint, first seek advice from an LGBT+, transfeminist, and/or human rights organization. Don't go to the police alone; they often tend to revictimize you.
8- If you want to share the incident on social media, you can share it without overexposing yourself. Often, we don't share these situations because we can be criticized and attacked on social media. You don't even need to share your personal information; objective and concrete communication is enough.
9-All of these tips are for enjoying our networks and connections, not for starting a punitive hunt, so it's very important to communicate responsibly.
10-This Decalogue isn't meant to scare us or discourage us from connecting. It's meant to care for us as a community.
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