Hate Crimes Defined
Unique Features of
Bias-Motivated
Violence
They are attacks on the person
AND the community the person
is perceived to belong to.
More likely to be seriously
injurious or lethal than other
assault crimes.
Tend to exhibit a characteristic
of “overkill” where the violence
is particularly brutal or
gruesome.
Greater likelihood of using
weapons.
Usually perpetrated in groups
which may diffuse
responsibility and exacerbate
the viciousness of the attack.
Convey a message.
“you are not safe” or “you do
not have right to be safe.”
Tends to escalate over time.
Hate violence is intentional.
Offenders believe no will care
about this person and/or that
this person will be an easy
target, unlikely to report, lacks
credibility, etc.
A lack of visible and sensitive
communicates tolerance for
bias-motivated violence.
Federal Definition of Hate Crime
A criminal offense against a person or property motivated
in whole or in part by an offender's bias against a race,
color, ancestry, religion, national origin, physical or mental
disability, or sexual orientation group.
Bias Motivated Incident
Harmful words or actions against a person or property
motivated by prejudice or bigotry that do not fall under
any criminal offense category.
Colorado Bias Motivated Crimes Statute
This law was expanded in 2005 to include sexual
orientation and transgender status. The statute declares
that it is the right of every person, regardless of race,
color, ancestry, religion, national origin, physical or
mental disability, or sexual orientation* to be secure and
protected from fear, intimidation, harassment, and
physical harm caused by the activities of individuals and
groups. Additionally advocacy of unlawful acts against
person or groups for the purpose of inciting and provoking
bodily injury or damage to property, poses a threat to
public order and safety and should be subject to criminal
sanctions.
Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act
On October 28, 2009 President Obama signed the
Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act which expanded existing United States
federal hate crime law to apply to crimes motivated by a
victim's actual or perceived gender, sexual orientation,
gender identity, or disability, and dropped the prerequisite
that the victim be engaging in a federally protected
activity.
Colorado Snapshot from 2010
While overall incident reports decreased 21% (110 to 87) in
2010, reports of hate violence targeting transgender people
increased 135% from 2009 (from 12 in 2009 to 17 in 2010).
Reports of police brutality increased 25% in 2010, from 8
cases in 2009 to 10 cases in 2010.
*Sexual orientation means a person’s actual or perceived orientation towards heterosexuality, homosexuality,
bisexuality or transgender status.
© Colorado Anti-Violence Program. May be copies with credit given.
Impact on Survivors and Victims
 Because the basis for the attack is an integral part of their
personal identity, survivors/victims may experience a deep
personal crisis. Survivors/victims of bias crimes have been
targeted for being perceived as different, for being
misunderstood, and for being hated.
 Stress and vulnerability may be heightened and/or
prolonged.
 Survivors/victims may reject the aspect of their identity
that was the target of the attack.
 Assumptions about life may be shattered.
Shattered assumptions regarding life/world views may be
especially painful because the victim’s world views may be
different from that of the dominant culture.
 Survivors/victims who are members of marginalized
communities may feel the crime was diminished because of
stereotyping, prejudice or institutional indifference.
 Survivor/victims of bias crimes may feel particularly
vulnerable to repeat attacks if membership in a targeted
group is readily visible. They may fear associating with
other members of a group that has been targeted or fail to
seek needed services, believing that these actions will
increase their vulnerability.
Impact on Communities
 Hate violence sends a message that violence against a
particular marginalized community is acceptable.
 Hate violence threatens the sense of safety of entire LGBTQ
communities by contributing to an increased awareness of
vulnerability to targeting.
 Attacks on LGBTQ community spaces, venues, places of
worship and cultural symbols may harm survivors/victims
more than random acts of vandalism.
A Colorado
Survivor’s Story
Erin, white lesbian nontransgender woman, late
teens
I live with my girlfriend and
we both attend college here.
A neighbor in our building,
who is also a student on my
campus, has been stalking me
for several weeks: he followed
me to campus, makes
harassing phone calls, uses
fake email ids to send me
harassing email, leaves notes
on my door, watches us from
his window when we take our
dog out for a walk… it’s
constant. I went to the
building management
company and asking them to
intervene, to mediate maybe,
but they have done nothing, I
think because he refused to
participate. It’s the first time
I’m living away from home,
and am very scared – I don’t
know why I am being
harassed like this…is it my
masculine gender expression,
my sexual orientation? I am
making plans to move to
another apartment. I found
CAVP’s number, and was able
to speak to someone there
who helped me find resources
on campus and local police.
More stories at www.avp.org
© Colorado Anti-Violence Program. May be copies with credit given.