Rape and sexual assault do qualify as assaults prosecutable under the newly amended Ethnic Intimidation Act, Centre County District Attorney Ray Gricar said.

"Under the statute, sexual assault is covered when the motivating factors are gender, gender identity, race or sexual orientation," Gricar said.

Gricar's statement corrects an earlier interpretation of the act in which Assistant District Attorney Lance Marshall said sexual assault was not covered as a hate crime.

"He made a mistake," Gricar said. He added that the amendments to the act were passed last fall and took effect Dec. 3.

The act now includes actual or perceived sexual orientation, gender and gender identity as motivating factors considered for a hate crime. A hate crime under the act includes arson, trespass, harassment by communication or address, criminal mischief, institutional vandalism and any type of assault.

Stacey Sobel, executive director for Philadelphia's Center for Lesbian & Gay Civil Rights, said lesbian, gay, bisexual and transgendered individuals are often most at risk for hate crimes. Sobel said the amendments send the message that hate crimes will no longer be tolerated.

"We applaud the legislators who supported and voted for this legislation," Sobel said.

Peggy Lorah, director for the Center for Women Students, said the amendments to the act were the result of a lot of hard work.

"There have been advocates from a lot of different areas trying to get this written into law," Lorah said. "I think it's an important amendment to Pennsylvania legislation. My hope is it gives victims of a hate crime a means to pursue justice."

Babour Abdourakhmanov, 35, is charged with rape, involuntary deviate sexual intercourse, sexual assault and aggravated indecent assault stemming from an incident that occurred on Jan. 1 in which the victim was a lesbian. He will not be charged under the statute, Gricar said.

"There is no evidence that the victim's sexual orientation was a motivating factor in the rape," Gricar said. "The defendant made a comment after the assault that was intended to add insult to injury."

The victim, a State College woman, testified in court that after the assault, Abdourakhmanov told her she had finally had a "real man."

Those who feel they have been victims of a hate crime are now able to call a toll-free Pennsylvania hotline at (866) 542-8529 for free legal assistance.