A British single mother-of-four has been convicted of a hate crime for sending a text message calling a man who beat her up a “faggot”, while her attacker was never prosecuted.
Elizabeth Kinney, 34, an aged care worker from Tranmere in northwest England, sent a heated series of messages to a former friend last year describing how a mutual male acquaintance had beaten her so badly she needed hospitalisation, and included photos of her injuries.
But she was later reported to police for using the word “faggot” to describe the man, who has not been identified, and was charged with malicious communications offences, the Daily Mail reported.
Kinney pleaded guilty to “causing to be sent by public communication network an offensive, indecent, obscene or menacing messages” in Sefton Magistrates Court last week where she was given a 12-month community order with 72 hours of unpaid work and 10 rehabilitation activity days.
The aspiring nurse said the messages, which were not revealed in court, were a “thoughtless rant”, but JP Robert Waugh said he “uplifted” her sentence because of the “homophobic content”.
“We accept that it may have been made in a rant but nevertheless they were made,” he said in handing down the sentence, which also included an order to pay £364 in costs and surcharge.
Prosecutor Jacqueline Whiting earlier told the court the two women “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,” she said.
Kinney’s lawyer Simon Simmonds in arguing for mitigation said his client had not intended to be “homophobic” and was simply “unloading a lot off her chest” because she was upset about being assaulted.
“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,” he told the court.
“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 also said Kinney was studying to be a nurse, had worked in aged care for 16 years, and that she had “acted in a manner which was below her normal standard of behaving”.
Kinney’s attacker has not been arrested or charged.
Header image: Left, right, Elizabeth Kinney (Facebook).
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