Hate crimes are on the rise across the nation. They have shattered the lives of many Americans and continue to destroy the peace in our communities. The word “hate” refers to a bias against certain groups of people with specific characteristics that are defined by the law. At the federal level, hate crime laws include crimes committed based on the victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.
The phrase “crime” in hate crime encompasses any violent crime, such as physical assault, murder, arson, rape, or threats to commit such crimes. It further includes bullying, verbal abuse, offensive graffiti, property damage, conspiring or inciting another person to commit such crimes, even if the crime was never carried out.
Another category within hate crimes is hate incidents. Any non-criminal act, including words, directed at an individual or a group of individuals motivated by bias. A hate incident is an action or behavior carried out by hate or bias but legally protected by the First Amendment right to freedom of expression. Some examples of hate incidents include:
- A display of offensive materials on one’s property;
- Distribution of hate materials in public places;
- Posting of hate materials without causing property damage.
The freedoms guaranteed by the U.S. Constitution, such as the freedom of speech, permit hateful rhetoric so long as it does not interfere with the civil rights of others. However, this behavior will be classified as a hate crime if it escalates to threats against a person. The Violent Crime Control and Law Enforcement Act of 1994 was enacted to create more funds for crime prevention programs and expand prison systems.
What Groups Are Usually Protected?
Certain groups of individuals fall under the category of protected people. You may be the victim of a hate crime if you have been targeted due to your actual or perceived:
- Religion;
- Nationality;
- Gender;
- Race or Ethnicity;
- Disability.
These are the general categories of people who are victims of hate crimes. Still, you can research the local laws to determine additional protections provided for a particular group in your state. Committing these hate crimes can result in serious penalties and possible imprisonment.
What Types of Crimes Are Committed?
Each jurisdiction has a list of crimes that fall under the hate crimes in the state. However, each case is unique, and the court will determine whether or not a crime was committed. You may be a victim of a hate crime if:
- Hate speech happens before, during, and after the commission of the crime;
- Symbols of hate are involved with the crime and left at the scene of the crime;
- Injuries are overly vicious related to targeting that specific group of individuals;
- There is intense damage for items representing cultural or religious importance, and it occurs on a holy day;
- The perpetrator has committed prior similar acts.
If you experience a hate crime, you may feel scared, targeted, and worried that you will be a victim of a hate crime again. You may also lose trust in anyone belonging to the perpetrator’s group. You can also experience depression, anxiety, anger, and suicidal thoughts.
It is crucial to seek help immediately and report the crime as soon as possible. There are resources available to assist you in processing the trauma caused by the hate crime or incident.
Some of the most common hate crimes consist of the following:
- Assaults that can be a combination of either pushing, hitting, spitting or threats of immediate violence;
- Destruction of property;
- Telephone harassment;
- Disorderly conduct by loud and public threats.
What Laws Protect Against Hate Crimes?
The Supreme Court has upheld hate crime laws when it can be proven that the defendant targeted the victim due to the victim’s race, ethnicity, identity, or beliefs. The Department of Justice began prosecuting federal hate crimes cases after the enactment of the Civil Rights Act of 1968. Each jurisdiction has different hate crime statutes that are enforced both by state and local law enforcement in the courts.
A hate crime is considered more than offensive speech or conduct; it is specific criminal behavior that varies from property crimes like vandalism and arson to acts of intimidation, assault, and murder.
What Are the Penalties for Hate Crimes?
To prosecute anyone for a hate crime, the prosecutor must establish beyond a reasonable doubt. They need to prove both that the defendant committed the crime and that they were motivated by prejudice. After the case is presented and the necessary evidence is presented, the judge will decide whether or not the defendant committed a hate crime.
If a person is found guilty of a hate crime, the court may fine the offender and imprison them based on the penalty for that offense in the statute. Also, depending on how the crime gets classified, either a misdemeanor or a felony, the penalties for hate crimes will vary.
Are There Any Defenses to Hate Crime Charges?
The defenses utilized throughout federal hate crimes may include the following:
- Mistaken identity issue;
- There is not sufficient evidence to prove the charges;
- Bias or prejudice is not the actual motivation behind the crime;
- There has been a violation of the defendant’s civil rights.
What Are Some Other Facts About Hate Crimes?
Hate incident is not considered a crime, and some of these incidents can encompass the following actions:
- Personal Insults;
- Displaying hate material on your property;
- Posting hate material that does not destroy your property;
- Distribution of materials with hate messages in public places.
The U.S. Constitution permits hate speech as long as it does not interfere with the civil rights of others. There is no doubt regarding the traumatic impact these hateful incidents and hateful crimes have on communities. Raising awareness and educating people on tolerance can make a huge difference in tackling hate crime issues.
What Should I Do if I am the Victim of a Hate Crime?
It is well known that hate crimes hate crimes and hate incidents in general are underreported. Even though the local police departments receive reports of both hate crimes and hate incidents, there are still many of them that do not get reported.
When someone files a report as a victim, witness, or advocate for a victim of a hate crime or a hate incident, initially the police departments identify areas in need of intervention and prevention resources such as education and protection of the victim’s legal rights.
The victim should reach out to the authorities or other legal entities to receive support and resources within their community. There are support groups and counseling available for them.
Do I Need a Lawyer?
If you suffered a hate crime, seek help from the law enforcement authorities in your community. Being a victim of a hate crime can be traumatic, and learning how to handle the situation through resources available in your community is crucial. If you need to report a hate crime, seek immediate help from the police.
There are different types of hate crimes, and if you need help identifying them, do not hesitate to reach out to a local hate crime lawyer or criminal lawyer for assistance.
