Omar Bennett
A hate crime is a criminal act motivated by bias or prejudice against a particular group of people based on characteristics such as race, ethnicity, sexual orientation, gender identity, religion, disability, nationality, or political affiliation. It involves a standard offense, such as assault, murder, arson, or vandalism, with an added element of bias against an individual or group. Hate crimes are distinct from hate incidents, which might not be criminalized and can include displaying or distributing hate material without causing property damage. The impact of hate crimes extends beyond the immediate target, affecting families, communities, and sometimes the entire nation. While laws regarding hate crimes vary across states, federal governments have provisions to prosecute bias-motivated crimes, recognizing the broader implications of these offenses.
| Characteristics | Values |
|---|---|
| Crime Type | Violent crimes such as assault, murder, arson, vandalism, threats, etc. |
| Motivation | Bias or prejudice against a protected social group |
| Bias Factors | Race, color, religion, national origin, ancestry, sexual orientation, gender identity, disability, ethnicity, language, nationality, political views, political affiliation, age, sex, etc. |
| Victim Targeting | Based on actual or perceived membership in a protected social group |
| Impact | Affects not just the individual but also the community and society at large |
| Reporting | Under-reporting of hate crimes is common, and it is important to report them to law enforcement |
| Penalties | Enhanced penalties for hate crimes, separate prosecution for other crimes committed during a hate crime |
| Free Speech | Constitutionally protected, but civil rights violations may occur if interfering with others' rights |
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What You'll Learn
Assault motivated by anti-gay feelings
An example of an assault motivated by anti-gay feelings is the case of Jordan Smith, who was assaulted in 2008 while holding hands with another male in Vancouver's Davie Village, an area frequented by LGBTQ individuals. Michael Kandola started following Smith and his partner with a group of friends, shouting anti-gay obscenities. Kandola then confronted the two and punched Smith on the side of his head, knocking him unconscious. Kandola was charged with assault causing bodily harm, and the incident was deemed a hate crime by the B.C. Supreme Court in 2010.
Another example is the mass shooting at Club Q, an LGBTQIA+ establishment in Colorado Springs, in 2022. The defendant admitted that the attack was motivated by the actual or perceived sexual orientation and gender identity of the victims. As a result, he was sentenced to 55 concurrent life sentences to run consecutively to 190 years in prison.
Hate crimes have a broader impact than most other types of crimes, affecting not only the immediate target but also others like them, including families and communities. It is important to report hate crimes to show support for the victims and send a clear message that such crimes will not be tolerated.
In addition to physical assaults, hate crimes can also take the form of vandalism, such as anti-LGBTQI+ vandalism in Boise, Idaho, in 2022. The defendant in that case, who admitted responsibility for the vandalism, was sentenced to 18 years in prison for a series of hate-motivated attacks.
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Violence against Muslim individuals
Hate crimes are acts of violence or threats motivated by bias against people or groups with specific characteristics that are defined by law. At the federal level in the US, hate crime laws include crimes committed on the basis of the victim's perceived or actual race, colour, religion, national origin, sexual orientation, gender, gender identity, or disability.
Moreover, mosques and Muslim community centres have been targets of arson, vandalism, and other destructive acts. For instance, in January 2017, two mosques in Texas and one in Washington state were destroyed by arson. Similarly, there have been reports of leaving the remains of pigs outside mosques, community centres, and Muslim families' homes, as well as attacks against women wearing headscarves.
Hate crimes against Muslims have soared to alarming levels, with a 78% increase in 2015 and a further 17% hike in 2017 compared to the previous year. These increases are often fuelled by divisive language, political rhetoric, and media portrayal of Muslims as a monolithic group associated with terrorism and extremism.
It is important to report hate crimes to show support for the victims and send a clear message of zero tolerance for such acts. By doing so, law enforcement and communities can better understand the scope of the problem and allocate resources to prevent and address these attacks.
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Crimes based on race, colour, religion, national origin
Hate crimes are acts motivated by bias against specific characteristics of a person or group. These characteristics are defined by law and include race, colour, religion, and national origin.
Race and Colour
Hate crimes based on race and colour are often driven by prejudice and discrimination towards a person's or group's racial or ethnic background. This can include anti-Black, anti-White, anti-Hispanic, anti-Latino, or anti-Asian sentiments. According to studies, ethnically and racially heterogeneous areas tend to have higher crime rates than more homogeneous areas.
Religion
Hate crimes targeting an individual's or community's religious beliefs or practices are also prevalent. These crimes can involve vandalism or destruction of religious property, intimidation, or violence.
National Origin
National origin refers to the country or region of a person's birth or ancestry. Hate crimes related to national origin can include discrimination, harassment, or violence against individuals or groups based on their perceived or actual country of origin.
It is important to note that the impact of hate crimes extends beyond the immediate victim. They can affect families, communities, and even entire nations. Therefore, it is crucial to address and report hate crimes to send a clear message of intolerance for such acts and to support the victims.
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Threats to a specific person or group
For instance, consider the case of a group home for psychiatric patients that was the site of a reported arson. Neighbours had expressed concerns about the group home in town meetings and were angry about its location in their community. Before the fire was reported, a witness heard a man say, "I'll get rid of those 'crazies', I'll burn them out". This incident would constitute a hate crime as it involves a threat of violence against a specific group based on their mental health status.
Similarly, threatening to vandalize or deface property with symbols or words that are derogatory to a particular faith or ethnic group can also be considered a hate crime. For example, burning a cross on the property of an African American family or drawing a swastika and writing "Death to Jews" on a synagogue wall would fall under this category.
It is important to note that words alone may not always constitute a hate crime offense. The context and circumstances surrounding the words must indicate a credible threat, and the victim must believe that the person making the threat has the ability to carry it out.
The legal definition of a "threat" in the context of a hate crime is communicating, directly or indirectly, the intent to cause bodily injury or physical damage to a person or their property. The fear caused by such a threat must be reasonable and based on the circumstances.
Hate crimes have a broader impact beyond the immediate target, affecting families, communities, and sometimes the entire nation. Therefore, it is crucial to report and address these crimes to send a clear message that such acts will not be tolerated.
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Crimes based on gender identity or expression
Hate crimes are often violent crimes, such as assault, murder, arson, vandalism, or threats to commit such crimes. They are committed with an added element of bias against a victim because of their perceived membership in a certain social group. Hate crimes are usually committed based on a perceived difference or violation of social norms, making these people especially vulnerable.
At the federal level in the United States, hate crime laws include crimes committed on the basis of the victim's perceived or actual gender identity. Gender-based crimes may also be considered hate crimes. This view would designate rape and domestic violence, as well as non-interpersonal violence against women, as hate crimes.
The term "gender-based violence" (GBV) refers to any harmful act that is perpetrated against a person's will because of the socially ascribed roles of women and men. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and other forms of comparable gravity are examples of sexual violence. These are considered gender-based crimes because they are committed against a person, whether male or female, because of their sex and/or socially constructed gender roles.
In 2024, Scottish Conservatives MSP Murdo Fraser threatened Police Scotland with legal action after his criticism of the Scottish Government's transgender policy was logged as a "hate incident." Fraser had shared a column that claimed the Scottish Government's 'non-binary equality action plan' would lead to children being "damaged by this cult." This incident sparked debate about the definition of hate crimes and the protection of free speech.
The distinction between hate crimes and hate incidents is important. Hate crimes are criminalized and carry enhanced penalties, while hate incidents may include non-criminal actions such as bullying, harassment, verbal abuse, or offensive letters that are motivated by bias. Reporting hate crimes and incidents is crucial to showing support for victims, sending a clear message to the community, and allowing law enforcement to understand the scope of the problem.
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Frequently asked questions
An assault motivated by anti-gay feelings on a person believed by the offender to be gay. This act constitutes a hate crime due to its bias-motivated nature related to sexual orientation.
A hate crime is a criminal act motivated in part or whole by bias against a particular group of people based on characteristics such as race, ethnicity, sexual orientation, gender identity, religion, disability, or nationality.
Hate crimes can include violent crimes such as assault, murder, arson, vandalism, or threats to commit such crimes. It can also include non-violent crimes such as displaying or distributing hate material that does not result in property damage.
It is critical to report hate crimes to show support and get help for victims, and to send a clear message that the community will not tolerate these types of crimes. Reporting hate crimes also helps law enforcement understand the scope of the problem and put resources toward preventing and addressing attacks based on bias and hate.
