Definining Hate Crimes & Determining Bias
by Shane L. Windmeyer of StopHate.Org
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When John Lee returned to his fraternity room to discover that it had been viciously trashed after it had been learned that he is gay, he probably wasn't thinking about how to classify the incident. Rather, he needed a safe place to go and some friends to trust. Even so, while definitions may seem unimportant to victims of harassment, they can make a difference to persons who are responding to the incident.
All of the incidents of homophobia that are reported on college campuses could be classified as "bias-motivated incidents," but not all of them are "hate crimes." What is the difference, and why does it matter?
Hate Crime or Bias-Motivated Incident?
A HATE CRIME, also known as a bias crime, is a criminal offense committed against a person, property, or society which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity/national origin. There were 1,260 hate crimes motivated by sexual orientation bias reported to the U.S. Federal Bureau of Investigation (FBI) in 1998. Colleges and universities are required by federal law to report bias-motivated crimes.
A BIAS-MOTIVATED INCIDENT, also known as a hate incident, is an act of conduct, speech, or expression to which a bias-motive is evident as a contributing factor (regardless of whether the act is criminal). While there are no legally-mandated reporting requirements for bias-motivated incidents, they are known to occur on a daily basis and are largely under-reported.
All hate crimes are bias-motivated incidents, but not all bias-motivated incidents are crimes.
Both hate crimes and bias-motivated incidents occur on college campuses and negatively affect the ability of gay, lesbian, and bisexual students to meet their educational goals in a safe and welcoming environment.
Four reasons why campuses must be informed about the difference, as follows:
1. Students are entitled to know about campus safety. If your campus has a method in place for responding to incidents and can provide information about the types of incidents that occur on your campus, prospective students can make informed choices about whether they want to attend your institution.
2. To comply with legal reporting requirements, hate crimes must be identifiable and recorded.
3. Before steps can be taken to prevent and respond to incidents that are motivated by sexual orientation bias, you must be able to identify the nature of incidents that are occurring on your campus.
4. For students to feel supported and safe, they must know that campus authorities are attentive to all reports of bias-motivated incidents
1. Location
Have other bias incidents been committed in the area of the incident?
Was the victim in or near an area or place commonly associated with or frequented by the victim's group (for example, a gay bar or ethnically identified community center)?
Is the victim a member of a group that is overwhelmingly outnumbered by members of another group in the area where the incident occurred?
Does the offender live, work, or go to school in the area of the incident?
2. Timing
Did the incident coincide with a holiday or date of particular significance to the victim's group (e.g., National Coming Out Day)?
Did the incident coincide with a holiday or date of particular significance to the offender's group (e.g., Hitler's birthday)?
3. Victim Visibility
Is the race, ethnicity/national origin, disability status, sexual orientation, gender, or other significant characteristic of the victim different from that of the offender? Is there a historical animosity between the victim's group and the perpetrator's group. (This does not apply to identity-conflicted offenders).
Was the victim engaged in activities promoting his or her group?
Is the victim a member of an advocacy group that supports the targeted group (whether or not the victim is a member of the targeted group)?
If the victim is not a member of the targeted group, was she or he in the company of a member of the targeted group?
If the victim is not a member of the targeted group, does he or she have a personal relationship (e.g., as a partner, parent, or friend) with a member of a targeted group, whether or not they were together at the time of the incident?
Is the victim a member of a group that has been previously singled out?
Has the victim received previous harassing mail, phone calls, or other communications?
Has the victim been the object of verbal abuse based on his or her affiliation with a targeted group?
4. Physical or Verbal Evidence
Were slurs against the targeted group used by the perpetrator, or were hate graffiti, symbols, or markings left at the scene?
Did the offender state that he or she chose the victim because of his or her group membership? Did she or he state a bias motivation?
Were objects or items that represent the work of organized hate groups present? Are organized hate groups active in the area? Is the suspect a member of an organized hate group?
Does the suspect have literature and/or the associated paraphernalia of hate groups on his or her person or property?
Was the suspect previously involved in a similar crime or incident?
5. Victim/Witness Perception
Does the victim believe the incident was motivated by bias?
Do witnesses believe the incident was motivated by bias?
Continue to Page 2 for Guiding Principles for Campus Response Teams and Suggested Programs & Resources.