Hate crime: what does it means?

• Hate crimes are criminal acts (such as violent crime, hate speech or vandalism) that are motivated by feelings of hostility against any identifiable group of people within a society. If systematic, rather than spontaneous, instigators of such crimes are sometimes organised into hate groups.

· Anti-LGBT hate crimes are those in which victims are chosen because of their actual or perceived sexual orientation or gender identity and expression.

• This kind of crimes may include property crimes (like robbery), threats, harassment, intimidation or actual acts of physical violence such as physical assault, battery, sexual assault, rape, torture, attempted murder, or murder.

• These actions may be caused by cultural, religious, or political mores and biases, though the extent to which these groups influence violence against LGBT individuals is an ongoing matter of debate.

• People who are merely perceived to be LGBT (but who are actually not) may also be targeted.

What is the difference between a hate crime and any other crime?

• Hate crimes are unique because they have a social connotation in their aim and consequences: they intend to send messages to entire groups - as well as to their families and other supporters - that they are unwelcome and unsafe in particular communities.

• Otherwise law-abiding young people who often believe that they have societal permission to engage in homophobic violence commit most anti-LGBT hate crimes.

• What sets hate crimes apart from other acts of violence is the psychological damage that they leave behind. Although any type of victimisation carries with it psychological consequences, certain types of emotional reactions are more frequent among survivors of hate crimes. These feelings include depression, anxiety, fear, stress and anger.

Hate crimes under-reported

• As confirmed by a recent new research on this subject, the report Crime and prejudice, survivors of hate crimes are less likely than victims of other types of violence to report attacks against them to the police. [1] There are many reasons for this.

Reasons for not reporting include

• Lack of confidence in the police

Minority groups, including LGBT communities, have historically had strained relations with law enforcement and fear that crimes against them will not be taken seriously or that the police reaction will be unsympathetic or hostile. As Amnesty International outlines in many countries exist what is called Institutionalised prejudice; that means that lesbians, bisexuals, gay men and transgendered people who come into contact with the law for other reasons may be targeted for abuse, in particular rape and other sexual violence. [2]

• Anticipated negative reaction
• Concern about revenge attacks
• Fear of being charged with gay offence
• Fear of being outed
• Fear of retribution

One of the main reasons for not reporting is to avoid the risk ofwhat is called "secondary victimisation" usually occurring during the post persecution period; Victims of anti-LGBT hate crimes may also be concerned that reporting attacks against them may expose them to increased risk by being "outed" to families and communities as a sexual minority.

• Acceptance of violence and abuse [3]

Many hate crime survivors suffer the trauma of victimization in silence rather than to expose themselves to these forms of "secondary victimisation."

ILGA-EUROPE is supporting the fight against hate crime targeting LGBT people through different types of actions aimed to monitor, investigate and inform about this main topic and the evidences of such pratices.

Last Year ILGA-europe has successfully achieved his objectives troughout the realisation of tree actions:

- Investigation in the Caucasus

- Training on Human Rights Monitoring hate crime and violence against LGBT people (Slovenia)

- Documentation Fund

Actually ILGA-Europe is working on the publication of a handbook on monitoring hate crimes.

Useful resources:

Amnesty International, Crimes of hate, conspiracy of silence-torture and ill-treatment based on sexual identity (London: Amnesty International, 2001) 49.

http://www.web.amnesty.org/library/Index/ENGACT400162001?open&of=ENG-347

DISCRIMINATION: FERTILE GROUND FOR TORTURE ( Torture and sexual identity)

http://www.web.amnesty.org/library/Index/ENGACT400112001?open&of=ENG-347

Herek, G.M. (1989). Hate crimes against lesbians and gay men: Issues for research and policy. American Psychologist, 44 (6), 948-955

Herek, G.M. (1990). The context of anti-gay violence: Notes on cultural and psychological heterosexism. Journal of Interpersonal Violence, 5 (3), 316-333.

Herek, G.M., & Berrill, K. (1990). Documenting the victimization of lesbians and gay men: Methodological issues. Journal of Interpersonal Violence, 5 (3), 301-315.

Herek, G.M., & Berrill, K. (1990). Anti-gay violence and mental health: Setting an agenda for research. Journal of Interpersonal Violence, 5 (3), 414-423.

Garnets, L., Herek, G.M., & Levy, B. (1990). Violence and victimization of lesbians and gay men: Mental health consequences. Journal of Interpersonal Violence, 5 (3), 366-383.

Berrill, K.T., & Herek, G.M. (1990). Primary and secondary victimization in anti-gay hate crimes: Official response and public policy. Journal of Interpersonal Violence, 5 (3), 401-413.

Herek, G.M., Gillis, J.R., Cogan, J.C., & Glunt, E.K. (1997). Hate crime victimization among lesbian, gay, and bisexual adults: Prevalence, psychological correlates, and methodological issues. Journal of Interpersonal Violence, 12 (2), 195-215.

Herek, G.M., Gillis, J.R., & Cogan, J. C. (1999). Psychological sequelae of hate crime victimization among lesbian, gay, and bisexual adults. Journal of Consulting and Clinical Psychology, 67, 945-951.

Herek, G.M., Cogan, J.C., & Gillis, J.R. (2002). Victim experiences in hate crimes based on sexual orientation. Journal of Social Issues, 58 (2), 319-339.

Hate Crimes : Confronting Violence Against Lesbians and Gay Men (Paperback) by Gregory Herek, Kevin T. Berrill

Useful links:

http://www.metrokc.gov/health/glbt/hatecrime.htm

For National legislations about this subject:

http://www.legislationline.org/?tid=218&jid=1&less=true

http://www.stonewall.org.uk/information_bank/violent__hate_crime/default.asp

European Parliament resolution on homophobia in Europe:

http://www.ilga.org/news_results.asp?FileID=736

Current Legislation and how it protects people of a different Sexual Orientation/ Section 75 of the Northern Ireland Act 1998

http://www.cara-friend.org.uk/coso/rights.html

[1]http://www.victimsupport.org.uk/vs_england_wales/about_us/publications/hate_crime/crime_prejudice.pdf

[2] http://www.web.amnesty.org/library/Index/ENGACT400112001?open&of=ENG-347

[3] Source http://www.stonewall.org.uk/information_bank/violent__hate_crime/default.asp#2