Hate Crime: A Definition

A crime in which the defendant intentionally selects a victim because of the actual or perceived race, color, national origin, ethnicity, gender, gender expression or identity, disability, or sexual orientation of any person.

Hate Crimes & Our Society

Violent crime has been declining throughout the United States in recent years, yet hate crimes against LGBT people continue to rise. In 1997, at least 18 lives were lost as a result of anti-LGBT violence. There were a total of 1,375 reported violent crimes against LGBT individuals. Further the societal costs of hate crimes, in terms of self-esteem, productivity, and public expense, are incalculable.

Hate Crimes & Their Impact

Hate crimes send a message that certain groups of us are not welcome and unsafe in a particular community. As a result, studies indicate that hate crimes appear to have more serious psychological effects on the victims and the communities they represent than do other crimes. Research indicates that victims of hate crimes often link their vulnerability to their personal, cultural, or spiritual identity. The result is that victims of hate crimes often suffer greater emotional trauma than other crime victims.

The Hate Crimes Prevention Act (HCPA) would strengthen the ability of the Justice Department to prosecute hate crimes based on race, color, national origin, and religion and give the Department the power to prosecute certain hate crimes committed because of the victim's sexual orientation, gender, or disability.

Current Federal Law Does not Include Sexual Orientation

Currently, hate crimes are prosecuted under § 245 of Title 18 of the U.S. Code. Section 245 protects individuals from violence only on the basis of race, religion, national origin, and color. This law does not protect individuals on the basis of gender, sexual orientation or disability.

Federal Laws Do Not Go Far Enough

Section 245 of Title 18 of the US Code only permits federal prosecution of hate crimes for intentional interference with the enjoyment of a federal right or benefit, such as voting. Thus, when the government prosecutes a hate crimes offender, it must prove that the crime occurred (1) because the victim was enjoying a federally protected activity, and (2) because of the victim's membership in a particular group. This is a difficult burden which has prevented investigation and prosecution of numerous hate crimes. In fact, since 1969 there have never been more than 10 indictments brought under § 245 in any given year. In contrast the proposed legislation, the HCPA, would completely remove the first requirement and expand the second requirement to include the categories of sexual orientation, gender and disability.

The only other federal law in existence which addresses prosecution of hate crimes against LGBT people is the Hate Crimes Sentencing Enhancement Act (Sec. 28003 of the Violent Crime Control Act and Law Enforcement Act of 1994). This Act increases the sentence an offender receives, on average, by one-third, for crimes which are proven beyond a reasonable doubt to manifest prejudice against a member of a protected class. However, federal law enforcement agencies do not have jurisdiction over these anti-LGBT hate crimes unless the occur on federal property, such as a national park. Without jurisdiction they cannot investigate and prosecute those committing anti-gay crimes.

Hate Crimes: Statistics

Lesbian & Gays are the Third-Highest Targeted Group for Hate Crimes*

Category	1997 Reported Incidents	Percentage
Total	8,049	%
Race	4,710	58.5%
Religion	1,385	17.2%
Sexual Orientation	1,102	13.7%
Ethnicity/National Origin	836	10.4%
Disability	12	0.15%
Multiple Bias Incidents	4	0.05%

Percentage of Hate Crimes Based on Sexual Orientation, 1991-1997

Year	1991	1992	1993	1994	1995	1996	1997
Total Hate Crime Incidents Reported	4,588	6,623	7,587	5,932	7,947	8,759	8,049
Hate crimes based on sexual orientation	---**	767	860	685	1,019	1,016	1,102
Percentage of crimes based on sexual orientation	8.9%	11.6%	11.3%	11.5%	12.8%	11.6%	13.7%

Reported Hate Crimes Against Lesbians, Gays, and Bisexuals - 1997

Sexual Orientation		Incidents	Offenses	Victims	Known Offenders
Total		1,102	1,375	1,401	1,315
Anti-Male Homosexual		760	912	927	1,032
Anti-Female Homosexual		188	229	236	158
Anti-Homosexual		133	229	236	158
Anti-Hetrosexual		12	14	14	14
Anti-Bisexual		9	10	10	8

 

Hate Crimes: States

Hate Crimes Laws That Include "Sexual Orientation": 22 States plus the District of Columbia: Arizona California Connecticut Delaware District of Columbia Florida Illinois Iowa Kentucky Louisiana Maine Massachusetts Minnesota Missouri Nebraska Nevada New Hampshire New Jersey Oregon Rhode Island Vermont Washington Wisconsin     **Last updated July 1999

Hate Crimes Laws That Exclude "Sexual Orientation": 20 States: Alabama Alaska Colorado Idaho Maryland Michigan Mississippi Montana New York North Carolina North Dakota Ohio Oklahoma Pennsylvania South Dakota Tennessee Texas* Utah* Virginia West Virginia *The Texas statute refers to victims selected "because of the defendant's bias or prejudice against a person or group," and the Utah statute ties penalties for hate crimes to violation of the victim's constitutional or civil rights.

No Hate Crimes Laws for Anyone: 8 States: Arkansas Georgia Hawaii Indiana Kansas New Mexico South Carolina Wyoming

 

Hate Crimes Prevention Act (HCPA): Support

Statement from the President of the AFL-CIO

For Immediate Release

For more information:
Denise Mitchell
831/647-2170
or
202/637-5018

Statement by John J. Sweeney President, AFL-CIO
on the
Hate Crimes Prevention Act
October 12, 1998

Our nation was horrified earlier this year by the murder of James Byrd, an African American man who was chained to his pickup truck and dragged to his death in Texas. Now we are reminded that hate crimes have no permanent address by the slaughter of Matthew Shepard, a white, gay student at the University of Wyoming.

The 40 million members of AFL-CIO union households in this country are outraged by these cold-blooded killings, which appear to be based solely on the color of one man's skin and the sexual orientation of another. We condemn the crimes, as well as the criminals who committed them.

But words are not in and of themselves an appropriate response to these heinous acts and others like them which seem to be increasing in numbers and in savagery - we must demand that the United States Congress act promptly to pass the Hate Crimes Prevention Act (HCPA).

This Act would expand the existing hate crimes law to cover victims who were not engaged in federally protected activity such as voting or going to school, and would extend protection to those attacked on the basis of gender, sexual orientation, or disability. Congress should pass this law immediately to help prevent further tragedies from occurring.

Hate Crimes: Target our Communities

Of the 7,947 hate crime incidents reported to the FBI in 1995, sixty percent - 4,831- were motivated by race. Of these, 2,988 were anti-black, 1,226 were anti-white, 355 were directed against Asian-Americans or Pacific Islanders, 221 were directed against multi-racial groups, and 41 were directed against Native Americans or Alaskan Natives.

Second to racially motivated hate crimes were hate crimes motivated by religious bigotry - 1,277 incidents in 1995. Of these, 1,058 - approximately 82% - were directed against Jews.

The third major category of hate crimes, accounting for 1,019 incidents in 1995, was motivated by animus against the victims' sexual orientation. Of these, 735 were directed against male homosexuals and 146 against lesbians.

The fourth category - ethnicity/national origin - accounted for 814 incidents with sixty three percent (516) directed toward Hispanics.

Little or no documentation exists on hate crimes against women or transgender people because they are women or transgender, but women and transgender people of all races and ethnic groups, and all social classes are indeed targets of hate crimes.

Tougher Laws are needed to ensure Justice

When Americans are assaulted merely because of their real or perceived sexual orientation, gender, or disability, the law should be as tough on their assailants as it currently is tough on criminals who attack based on racial, religious, or ethnic bias. Yet only in rare circumstances can the federal government investigate and prosecute hate violence against gays, lesbians, or bisexuals.

The Hate Crimes Prevention Act (HCPA) would amend current federal law to include real or perceived sexual orientation, gender, and disability so the FBI would be able to investigate and prosecute violent hate crimes against gays, lesbians, and bisexuals. Current law already allows investigation and prosecution on the basis of race, religion, national origin and color.

Anti-LGBT hate crimes are on the rise

Hate crimes committed against gays, lesbians, and bisexuals make up the third-highest category of hate crimes reported to the FBI, currently representing almost 14% of all hate crimes reported.

The National Coalition of Anti-Violence Programs (NCAVP), an umbrella organization for local groups that monitor anti-gay violence, reported that while violent crime continues to decrease nationally, the number of actual or suspected anti-gay murders in reporting cities, states and regions was 33 in 1998, up from 14 a year before.

Current state laws are inadequate

Only 22 states and the District of Columbia include sexual orientation-based crimes in their hate crimes statutes. Because the majority of states don't have laws protecting all Americans, the Federal government needs to have jurisdiction to allow local, state, and federal authorities the opportunity to work together to ensure that justice is achieved in every case.

The HCPA would amend Section 245 of Title 18 U.S.C., one of the primary statutes used to combat racial and religious hate violence. It would:

1) Provide new authority for federal officials to investigate and prosecute cases in which the hate violence occurs because of the victim's real or perceived sexual orientation, gender, or disability;

and,

2) Remove the overly-restricted obstacles to prosecution by eliminating the current proof requirement that the victim was attacked because he or she was engaged in a federally-protected activity, such as going to vote.

Taking Action Against Hate Crimes!

Call and write