By Eric McLean
The state claims a monopoly of force in its territory, which means there can be consequences for using your own force under its rule, even if you are defending yourself against a violent hate crime. The monopoly of force also gives the state the power to allow some use of force from non-state actors, even if this force is the violent hate crime in question. And given that we live in a bigoted democracy, governed by the collective decision-making of a largely bigoted and fascistic population, it should be no surprise that this is exactly what is unfolding in Flagstaff, Arizona, as I write this.
Epona Rose, an abolitionist and trans woman, is currently facing charges of aggravated assault and second degree attempted homicide after bravely defending herself from a violent transphobic attack. On August 11th, three drunk men started the confrontation by sexually harassing her while at least two others watched. The harassment escalated into rape threats, followed by the men physically attacking Epona once they became aware of the fact that she is trans. Despite the actions of these men (or perhaps because of them, considering the nature of our bigoted democracy), Epona was the only person charged with a crime. Her bail was initially set at $500,750. After much hell-raising by Epona's supporters, her bail was lowered to $10,000 on August 28th, and was paid the same day by the Tucson Bail Fund. During her time in jail, Epona was subject to gendered harassment by employees of the jail, and was held in the men's section of the jail. The court still has to decide how to handle her case. If convicted, she will probably be held for years in a men's prison, where trans women are uniformly treated horrendously. We can not allow this to happen.
In a bigoted democracy like ours, "law and order", "criminal justice," and "due process" are processes that are just as transphobic and fascistic as the population that creates them. Our laws themselves have largely been created by transphobes, and the representatives of the legal system often get away with bending or even breaking these laws in ways that are even more brutal than the laws themselves. There are laws on the books, such as a right to self-defense, and prohibition of violent hate crimes, but the map is not the territory. Despite these laws, the government of the United States has elected to punish Epona for defending herself, and acts like the violent assault by three bigoted men never happened.
It is imperative that we pressure the system to abandon its continued persecution of a woman who has committed the crime of self-defense.
More information about Epona's case can be found here: https://freeeponarose.org/2023/08/21/press-release-trans-woman-arrested-after-being-attacked-in-flagstaff-az/
You can donate to Epona's legal fund here: https://fundrazr.com/62Ft9b