Reporting Hate Crimes
Legal remedies and recourses for hate-crime victims
DEFINITION OF A HATE CRIME
Under California law, a hate crime is any act of intimidation, harassment, physical force or threat of physical force directed against any person or their property because of that person's real or perceived
- race
- ethnic background
- national origin
- ancestry
- religion
- gender
- sexual orientation
- age
- disability
Hate crimes can take several forms:
- verbal or written threats
- physical assault or attempted assault
- graffiti, vandalism or property damage
Not all instances of hatred are crimes:
- Verbal name-calling, for instance, is not a crime unless accompanied by a viable threat of violence and the ability to carry out the threat.
- The act must be prejudicial -- in whole or in part -- to be considered a hate crime.
WHAT TO DO IF YOU OR SOMEONE YOU KNOW BECOMES A VICTIM OF A HATE CRIME
- Report any violent threat, intimidation or harassment to the police immediately.
- In cases involving attack or serious physical injury, seek medical assistance immediately by calling 911.
- Document the incident. Write down exactly what happened, what was said or done by the offender or offenders. If the incident includes graffiti or vandalism, do not move, handle or erase it without contacting the police. Take pictures or ask the police to record the incident. Get names of witnesses and collect as much descriptive information about the perpetrators and their vehicles as possible.
- If local law enforcement refuses to investigate a crime that you believe is hate motivated, contact the California attorney general at (800) 952-5225.
- Victims of hate crimes often experience trauma and other psychological problems. If you or someone you know is fearful of going outside, unable to carry on normal activities or traumatized in other ways, get help. If you report the hate crime to the police, state funds may be available for counseling and other services.
OTHER STEPS TO TAKE
- Mobilize community support. Consider issuing a statement from community leaders, holding a news conference, organizing a rally or march, meeting with officials, starting a letter-writing campaign or submitting an editorial to the local newspaper.
- Victims of hate crimes can file a complaint with the California Department of Fair Employment and Housing for possible relief, including payment for property repair or replacement, emotional suffering and distress, medical costs, attorney fees, lost wages, and monetary damages against the perpetrators. The complaint must be filed within one year of the act or threat of violence. Call (toll free) 1-866-460-HELP.
- Victims of hate crimes or immediate family members who are injured or threatened with injury may be awarded monetary relief by the State Victim Compensation and Government Claims Board for expenses, including funerals or burials, mental health treatment or counseling, relocation, home security installation, medical and dental care, and loss of support for deceased or disabled victims. In most cases, you must call within one year. For an application, call (toll free) 1-800-735-2929.
- If you are a victim of a hateful incident involving verbal harassment or intimidation that does not meet the legal definition of a hate crime, you may want to report it to one of a number of community-based organizations that track such activity.
(Sources: the California Association of Human Relations Organizations; State of California, Department of Fair Employment and Housing; "Hate Crimes and the Victim: A Guide to the Legal Process," San Francisco Police Department; California attorney general's Crime and Violence Prevention Center)
MORE READING
"Preventing Hate Crime" Brochure
http://www.ag.ca.gov/civilrights/content/hatecrimes.htm
Download this informational brochure produced by the Crime and Violence Prevention Center of the California attorney general's office. It is available in nine languages: English, Arabic, Armenian, Chinese, Hindi, Korean, Punjabi, Spanish, and Vietnamese.
"Unlawful Discrimination: Your Rights and Remedies," a Civil Rights Handbook
http://caag.state.ca.us/publications/civilrights/
01CRhandbook/index.htm
The California attorney general's guide for the public on California and federal civil rights laws includes a chapter on racial, ethnic, religious and minority violence. The current (third) edition is available in HTML or PDF.
"Reporting Hate Crimes" (PDF)
http://www.ag.ca.gov/publications/civilrights/reportingHC.pdf
Read the final 2001 report of the California Attorney General's Civil Rights Commission on Hate Crimes, convened to address the underreporting of hate crimes in California. The 44-member commission, which consisted of academics, leaders of community groups, government officials, prosecutors and police chiefs from throughout the state, recommended various initiatives to improve the reporting of hate crimes.
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