Why the ruling that convicts the Grindr attacker is important
The so-called "Grindr hunter" was sentenced to 12 years after being found guilty of attacking at least five people. The decisive factor was the inclusion of "gender hatred.".
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BUENOS AIRES, Argentina. Assailants who selected their victims through the dating app Grindr to rob and assault them have been convicted of robbery and aggravated assault motivated by hate based on sexual orientation. This marks 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 it happens to someone else, there’s now a case in which the biased selection of victims based on their sexual orientation was taken into account,” Pablo D’Elía, a 36-year-old and prominent 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 about what happened on his social media, and he began receiving messages from other victims who had experienced similar things.
The sentence
“I don’t know how many faggots 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 30th, Judge Javier Esteban de la Fuente, of the Oral Criminal Court No. 27, sentenced Reynoso to 12 years and 3 months in prison and Enzo Bustamante to 2 years suspended. 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 for 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 to Criminal Investigation (DATIP) found that 30 men were attacked by Reynoso with the same method during 2022.
One perpetrator, multiple crimes
Regarding Reynoso's actions, the judge's investigation and analysis concluded that it was a series of actions with similar characteristics.
“Specifically, he contacted gay men residing in the City of Buenos Aires through the social network 'Grindr' and arranged meetings at the victims' homes. Upon arrival, he would offer to prepare an alcoholic drink, taking advantage of a moment of distraction to slip some type of substance with sedative effects (...). The victims only needed to drink one glass to lose consciousness; in some cases, the effect and dizziness lasted for up to two days. Furthermore, some victims were assaulted by manual strangulation, blows, cuts, stabbings, or threatened with weapons. He then stole valuables of both monetary and sentimental value from the victims' homes. In some cases, he also defrauded the victims, either by transferring money they had in their bank accounts or in the financial system, or by taking out loans in their names and, once approved, withdrawing the funds to his electronic wallet or bank account,” the magistrate detailed in the failed.
Thus, Reynoso was convicted of several crimes. The main one was “simple robbery, in ideal concurrence with minor injuries aggravated by their commission with treachery and hatred of the victim's sexual identity, in real concurrence with computer fraud.” And Enzo Hernán Bustamante Núñez was convicted as an accomplice to the crime of attempted simple robbery.
Theft and hatred of the gender
Regarding the aggravating factor of hatred based on sexual orientation, the judge stated: “It cannot be overlooked that the physical aggression has no other explanation in this case, since it was not necessary to carry out the abduction, given the state in which the victim was found.”.
In this regard, the UFEM had prepared a report highlighting that the victims testified that Reynoso not only damaged their property and vandalized their homes, but also focused on destroying objects that could have value related to homosexuality at the scene: certain medications, objects, symbols, and condoms.
The prosecuting attorney was Luciana Sánchez. “She succeeded in having the hate based on sexual orientation taken into account. That was the most important thing: setting this precedent,” D'Elía pointed out. Sánchez also led the family's legal action in the trial for the transphobic murder of Amancay Diana Sacayán, a trans activist and human rights defender. In that trial, the Oral Criminal and Correctional Court No. 4 of the City of Buenos Aires sentenced Gabriel David Marino to life imprisonment for the crime. In its landmark verdict, the court determined that it was a hate crime and that gender-based violence was a contributing factor. For the first time, the court used the term “transphobic murder” in its records.
With the verdict, D'Elía found "a little peace." However, he believes that "the positive change needed for society to understand this is a much bigger task, which is still underway."
How to use apps safely
Faced with situations like these and others of varying severity, journalist and HIV+ activist Lucas “Fauno” Gutiérrez compiled a list of recommendations, tools, and tips for enjoying encounters arranged through apps while avoiding risks. Here are the ten key points:
1- The first thing is to know who we're talking to. Besides photos, it can be helpful to ask for their social media, 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, if they share their social media accounts with you, you have to verify that they're really 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 meet in public and busy places. If you already know them, great, and if not, first check where they are, how to get back, transport availability, etc.
5- If you're going to someone else's house or receiving visitors, make sure you know who's coming in by asking for their social media accounts and contact information. Also, let your friends know. If you're hosting someone, keep in mind not to leave valuables lying around unnecessarily.
6- If you're going to consume anything—from a drink to any substance—try to make sure it's something you're getting yourself. For example, if it's drinks, make sure they open them in front of you.
7- If you need to file a complaint with the authorities, first seek advice from an LGBT+, transfeminist, and/or human rights organization. Do not go to the police alone; they often tend to revictimize you.
8- If you want to share the incident on social media, you can do so without overexposing yourself. Often we don't talk about these situations because we might be criticized and attacked online. You don't even need to give out your personal information; a clear and concise message is enough.
9-All these tips are to help us enjoy our networks and connections, not to launch a punitive hunt, which is why it is very important to communicate responsibly.
10-This ten-point plan is not meant to scare us or cause us to stop connecting with each other. It's about taking care of each other as a community.
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