So the determining factor is whether or not the assailant can lie convincingly?
Unironically, yes. That and how well the prosecution can stack the racial makeup of the jury. Which is why "hate crime" laws should never have been allowed in the first place.
Unironically, yes. That and how well the prosecution can stack the racial makeup of the jury. Which is why "hate crime" laws should never have been allowed in the first place.