What is a hate crime?
Current federal law defines hate crimes as any felony or crime of violence that manifests prejudice based on “race, color, religion, or national origin” (18 U.S.C. §245). Hate crimes can be understood as criminal conduct motivated in whole or in part by a negative opinion or attitude toward a group of persons. Hate crimes involve a specific aspect of the victim’s identity (e.g., race). Hate crimes are not simply biases, they are dangerous actions motivated by biases (e.g., cross burnings, physical assault).
Who is currently protected under federal hate crime law?
Presently, hate or bias-motivated crimes targeting victims because of race, color, religion, or national origin are punishable under federal law. Many states have laws which prohibit violent crimes against individuals based on these and/or other characteristics. In 1990, with the passage of the Hate Crimes Statistics Act, the federal government began to collect data about select categories of hate crimes. At present, no federal law exists that criminalizes bias-motivated crimes perpetrated against a person, property, or society that are motivated by the offender’s bias against a gender, disability, sexual orientation, or gender identity.
Are hate crimes different from other violent crimes?
Yes. Hate crimes have an effect on both the immediate target and the communities of which the individuals are a member, which differentiate them from other crimes.
What effects can hate crimes have on victims?
While violent crime victimization carries risk for psychological distress, victims of violent hate crimes may suffer from more psychological distress (e.g., depression, stress, anxiety, anger) than victims of other comparable violent crimes (Herek, Gillis, & Cogan, 1999; McDevitt, Balboni, Garcia, & Gu, 2001). Survivors of violent crimes, including hate crimes, are also at risk for developing a variety of mental health problems including depression, anxiety and posttraumatic stress disorder (PTSD). PTSD emerges in response to an event that involves death, injury, or a threat of harm to a person. Symptoms of PTSD may include intrusive thoughts or recurring dreams, refusal or inability to discuss the event, pulling away emotionally from others, irritability, difficulty concentrating, and disturbed sleep. Depression, anxiety, and PTSD may interfere with an individual’s ability to work or to maintain healthy relationships, can lead to other problems such as substance abuse or violent behavior, and may be associated with other health problems such as severe headaches, gastrointestinal problems, and insomnia. Similar to other victims of traumatic stress, hate crime victims may enjoy better outcomes when appropriate support and resources are made available soon after the trauma.
What effect can hate crimes have on communities?
Hate crimes are different from other crimes in that the offender—whether purposefully or not—is sending a message to members of a given group that they are unwelcome and unsafe in a particular neighborhood, community, school, workplace, or other environment. Thus, the crime simultaneously victimizes a specific individual and members of the group at large. Hate crimes are often intended to threaten entire communities and do so. For example, a hate crime that targeted children in a religious day care center and an ethnic minority postal worker was intended to instill fear in members of these minority communities (Sullaway, 2004). Being part of a community that is targeted because of immutable characteristics can decrease feelings of safety and security (Boeckmann & Turpin- Petrosino, 2002). Being a member of a victimized group may also lead to mental health problems. Research suggests that witnessing discrimination against one’s group can lead to depressed emotion and lower self-esteem (McCoy & Major, 2003). More research is necessary to document the impact of hate crimes on those who share the victim’s identity.