Denver - The Colorado Anti-Violence Program (CAVP) joined with other lesbian, gay, bisexual and transgender (LGBT) organizations in supporting the filing of a federal civil rights claim and state tort claim today on behalf of Kyle Skyock, a Rifle, Colorado teenager who was beaten and left to die by the side of the road in sub-freezing temperatures last February.

"As victim advocates, it is our hope that the civil case will establish accountability for the attack on Kyle," said Denise de Percin, CAVP Executive Director.  "The safety of everyone in a community hinges on holding perpetrators responsible for their actions, and making it clear that there are consequences for violent behavior."

The CAVP also expressed hope that the civil suit will create access for Skyock to the systems designed to protect and serve victims of crime.  District Attorney Mac Myers waited until this week, almost a full year after the assault, to reveal his decision not to file criminal charges, although the case will remain open but inactive. 

The difference of opinion between medical professionals who have examined Skyock's records, and within the criminal justice system, concerning whether a crime actually occurred in this case has meant that Skyock has not been offered the assistance of a victim/witness coordinator, has not been able to file for victim's compensation to help pay for medical bills, and has not been afforded the rights guaranteed under Colorado's Victim's Rights Act.

Like other high-profile violent incidents, Skyock's assault has caused broad community concern and created an opportunity to discuss and address the causes of ongoing violence against LGBT people in the Colorado.  "There are still so many pieces that are not in place," said de Percin.  "LGBT people are distant second-class citizens in Colorado.  We don't have equal civil rights protections and we don't have equal hate crimes protections.  It's a bad combination if you're a victim of crime."

"The Skyocks are exceptional," de Percin noted.  "They have made a very difficult decision.  But each time an individual, or in this case a family, is strong enough to take a step like this, it makes it a little easier for other victims, and for the next victims.  And unfortunately, there always is a next victim."

The Skyock's case first came to the attention of the CAVP February 14, 2000, when several members of the LGBT community in the Roaring Fork Valley called the agency to report the assault and seek resources for the family and the community.  CAVP Program Director Carter Klenk conducted trainings at nearby Basalt High School two weeks after the incident.  "Fortunately, we have the relationships in place with people in communities around the state that allow us to respond quickly to events," explained Klenk.

Initially, the CAVP began working on the Skyock case in collaboration with the Colorado Legal Initiatives Project (CLIP) and Western Equality.  This coalition expanded in August 2001 to include Equal Rights Colorado and the Human Rights Campaign.  "The expertise of these different organizations has been important in addressing all the aspects of this case," explained de Percin.

The number of reported bias-motivated incidents in Colorado has risen steadily since 1996, the first year the CAVP statistics were included in the annual report of the National Coalition of Anti-Violence Programs on anti-LGBTH (HIV-motivated) violence.  In 1996, 11 incidents were documented by the CAVP.  This number has increased tenfold to an estimated 100 incidents in 2001.  Twenty-five bias-motivated assaults based on sexual orientation, gender identity, or HIV status were reported to the CAVP during 2000.  In the last seven years, the CAVP has seen an increase in the severity of injuries to victims and in the number of attacks that involved serial incidents with the perpetrators.

In June of last year, the deaths of two LGBT people in Colorado were reported to the CAVP within a week of each other.  The body of Fred Martinez was discovered in Cortez, Colorado on June 21, 2001.  The body of Ricky Espinosa was found in the El Paso County landfill on June 28, 2001.  There have been bias-motivated murders, predominantly of gay men, every year in Colorado for the past several years.

The following comments may be attributed to Denise de Percin, Executive Director of the Colorado Anti-Violence Program.

What happened to Kyle Skyock is any parent's worst nightmare, and unfortunately, it has become a recurring nightmare for the lesbian, gay, bisexual and transgender community here in Colorado.  There is something particularly frustrating and particularly terrifying in the pattern of young men who are beaten unconscious by their attackers and then, astonishingly, left to die.  In the case of Mathew Shepard, in the case of Fred Martinez, in the case of Ricky Espinosa, help came too late.  In many cases that you haven't heard about in Colorado and around the country, help never came at all.

In this context, a reality that my community lives with every day, you might be tempted to think that Kyle was lucky, because he's not dead.  But lucky is a precarious word to use when you consider he was left overnight in sub-freezing weather with serious injuries.  I'm thankful he was the exception, rather than the rule.

There are many individuals and organizations that have worked with Kyle and his family during the past year.  Each has had a critical role to fulfill.  I am glad that the Colorado Anti-Violence Program has been part of this collaboration.  And yet every day I'm reminded that adequate resources and attention are not always available to victims of violence and crime in our communities.  Each step we take changes the future for the next victim - and unfortunately, there always is a next victim.

Justice is a word that has been used both frequently and appropriately regarding Kyle's case.  As a victim advocate, I believe that a large part of justice lies in accountability.  This lawsuit is about justice and accountability; two very crucial goals for a victim of crime.  Without justice, without accountability, violence confirms our worst fears - that we are vulnerable, that we are targeted, and that no one will do anything.

Until every individual in our communities, our schools, and most recently, in the case of Columbine United Church, in our places of worship, is respected, none of these places is safe for anyone.

And while violence often affects specific targeted populations, every one of us is at risk.  In 2000, the National Coalition of Anti-Violence Programs, which tracks violence based on sexual orientation, gender identity, and HIV status, documented a 38% increase in anti-gay hate crimes committed against straight people.  The perpetrators meant to beat up a queer, but made a mistake.  By Federal definition, that's still a hate crime - crime motivated all or in part by bias.

The goal of the Colorado Anti-Violence Program is simple and non-negotiable: every single person deserves to be free from harassment, threats, intimidation and violence and every single person deserves to be safe as they move in the world and live their lives, regardless of what they look like, what they wear, who they love, or who they choose to be on any given day.