Police in Idaho say they are unable to charge a man accused of assaulting a gay couple with a hate crime because of a loophole in the state’s law.
Pedro Villareal was arrested after reports that he shouted anti-gay slurs at Eric Reed and Juan Olvera outside a restaurant, before allegedly chasing them to nearby railroad tracks and beating them.
The couple spoke to KTVB about the attack, which left Reed needing six stitches in his lip.
“I literally felt they were going to kill us for being gay,” Olvera said. “It’s a scary thing to live through, and I never would wish this on anyone.”
Police arrested Villareal, but have said he can only be charged with a misdemeanour because Idaho’s hate crime law does not apply to attacks based on sexual orientation or gender identity.
Although local officials have said they wanted to pursue hate crime charges, Idaho law does not currently classify crimes motivated by sexuality or gender identity as hate crimes.
Lt. Jeffrey Peterson, spokesperson for Caldwell police, told the broadcaster: “We’re here to serve the citizens of Caldwell and Idaho, and unfortunately, when we’re unable to give them the justice that they feel that they need, under the application of the law, it is frustrating.”
Idaho law excludes sexuality and gender identity
Idaho’s hate crime law has previously prevented anti-LGBTQ+ incidents from being pursued as hate crimes at state level.
In 2023, Matthew Alan Lehigh was arrested and charged with malicious injury to property, aggravated assault and arson following a series of alleged crimes.
Those incidents included allegedly attempting to drive into a gay couple after vandalising a Pride flag at their home and at a local LGBTQ+ centre.
Despite the apparent anti-LGBTQ+ motives behind the alleged actions, hate crime charges could not be brought under Idaho law until federal prosecutors stepped in.
Currently, hate crimes in Idaho only cover targeting and harassment based on “race, colour, religion, ancestry or national origin”.
For Reed and Olvera, the legal gap means an alleged attack they say was driven by anti-gay hate cannot be treated as such under state law.
The case has again drawn attention to Idaho’s narrow hate crime protections, and the lack of explicit safeguards for LGBTQ+ people targeted because of who they are or who they love.
