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Hate Crime
Was it a Hate Crime?
In California, Hate Crime is defined as being a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: Disability, Gender, Nationality, Race or Ethnicity, Religion, Sexual Orientation, or association with a person or group of persons with one or more of the preceding actual or perceived characteristics.

Examples - painting racist, homophobic and/or religious graffiti on private property; burning a cross on an individual’s lawn; an assault; a criminal threat of violence against an individual or group; attempted murder or murder.

A hate incident is behavior that is motivated by hate or bias towards a person’s actual or perceived disability, gender, nationality, race or ethnicity, religion or sexual orientation but that is not criminal in nature. Typically these behaviors are protected by the First Amendment right to freedom of expression.

If this type of activity escalates to threats being made or carried out against a person or property, or becomes an incitement to commit violence it would be classified as a hate crime.

Examples - the distribution of non-threatening racist flyers in a public place; displaying non-threatening anti-gay or lesbian placards at a parade or funeral; writing a letter to the editor ridiculing people with disabilities; painting racist graffiti on a freeway overpass.

A hate crime or incident may have occurred if any of the following were present:
  • There was a perception that the victim was targeted because of their race, gender, sexual orientation, nationality, religion etc.
  • The perpetrator wrote or spoke in a manner that indicated bias.
  • The date of the incident or crime coincides with a date that is of significance to the victim’s religion, nationality, ethnicity etc.
 
What should I do if I am victimized?
  • Call the police or sheriff’s department immediately and make a report.
  • Obtain medical attention, if needed. Be sure to keep all medical documentation.
  • Leave all evidence in place. Do not touch, remove or clean up anything.
  • Document what happened by: taking photographs of the evidence, writing down exactly what was said, particularly any words that indicate bias motivation, and other information that may be valuable.
  • Get the name(s), address(es) and phone number(s) of other victims and witnesses.
  • If possible, write down a description of the perpetrator and the perpetrator’s vehicle.
  • Call 1-888-NO-2-HATE and report the occurrence OC Human Relations.
 
What are My Rights?
Civil Remedies:
California legislation gives the courts the ability to order the perpetrator to pay up to $25,000 to compensate for the harm you have suffered, and/or as punishment, and/or to deter future violations. The courts can issue a restraining order to protect you from further harm. If you decide to pursue a lawsuit against the perpetrator, your first options include hiring a private attorney or contacting the Department of Fair Employment and Housing (DFEH). (www.dfeh.ca.gov)
 
Victim Assistance:
Help is available through CSP, Victims Services in the form of:
  • translation for non-English speakers
  • information resources and referrals
  • crisis intervention and counseling
  • emergency financial assistance
  • culturally sensitive orientation to the criminal justice system
  • support in communicating with the police, the courts and other authorities.
  • assistance with writing victim impact statements, obtaining restitution assistance and filing Office for Victims of Crime Compensation Claims.
    (www.ojp.usdoj.gov/ovc/help/progdir.htm)

Please contact CSP Victims Services for more information at 949.975.0244.

 
Criminal Enforcement
Your local police or sheriff’s department enforce criminal laws and are the first responders. Criminal prosecution of your case can be pursued by the Orange County District Attorney’s Office, Office of the California State Attorney General or the U.S. State Attorney, depending on the nature of the case. The Federal Bureau of Investigation may also assist in your case if appropriate. (www.ocgov.com/da/)
 
Who You Can Contact for Help:
EMERGENCY: Call your local Police Department or 911
OC Human Relations 714.567.7470
CSP - Victims Assistance 949.975.0244
American Civil Liberties Union (ACLU) 949.660.5502
Anti-Defamation League (ADL) 714.979.4733
Asian Pacific American Legal center 213.997.7500
Council on American-Islamic Relations (CAIR) 714.776.1847
The Center Orange County 714.534.0862
Japanese-American Citizens League 949.586.6640
Los Amigos of Orange County 714.758.8090
NAACP of Orange County 714.543.3637
NCCJ, Orange County 949.442.2814
Orange County District Attorney 714.834.3600
OC Asian & Pacific Islander Community Alliance (OCAPICA) 714.636.9095
Parents, Families, & Friends of Lesbians & Gays (PFLAG) 714.997.8047
South Asian Network (SAN) 714.403.0488
Crime and Violence Prevention Center California Attorney General's Office 916.324.7863
California Dept. of Fair Employment and Housing (DFEH) 800.884.1684
Office of Victims Services California Attorney General's Office 877.433.9069
Sikh Council California 877.225.7454
U.S. Department of Justice Office for Victims of Crime 800.851.3420
 
What You Can Do to Stop Hate:
  • Learn to recognize hate crimes and incidents.
  • Report suspected hate crimes and incidents to your local police department and OC Human Relations.
  • Create an environment of zero tolerance for bias and hate motivated behaviors.
  • Create opportunities for diverse people to come together to learn about each other.
  • Create diverse teams to encourage people to work together on common goals.
  • Maintain a respectful, inclusive climate in your school, community, neighborhood, work or business.
  • Model respect and inclusion towards others, especially when you are around children.
  • Offer to support and assist victims to let them know they are not alone.
  • Speak out against acts of prejudice, discrimination and hate in your community.
 
Hate Crime Network
The Hate Crime Network, a project of the Commission, consists of various community organizations and law enforcement agencies. The purpose of the network is to discuss protocols and procedures in addition to sharing problem solving techniques that have been useful in addressing hate crimes and incidents.

This arduous task would not be possible without a collaborative effort from the Orange County Chiefs of Police and Sheriff’s Association, Orange County District Attorney’s office, and community organizations that work on hate crime issues.

For more information on quarterly meetings held on a Thursday of February, April, August & November contact Dave Southern at 714.567.7543.

OC Human Relations has been documenting incidents and providing assistance to victims of hate crimes for approximately 10 years. The Commission remains steadfast in its stance against hate crimes and incidents.
 
Reasons Hate Crimes and Incidents Often Go Unreported:
  • Victims of hate are often very traumatized after the incident and feel that reporting to law enforcement will further victimize them.
  • People are often fearful the perpetrator will return and harass the further if they make a report.
  • People may also believe making a report only serves to stigmatize themselves and/or family.
  • People often have little faith the perpetrators will be caught and successfully prosecuted.
  • Immigrant victims can have difficulty communicating the incident due to cultural barriers, including language.
  • Immigrants may distrust any government agency as a result of the reputation of similar agencies in their native country.
  • Undocumented workers will not usually come forward because they fear contacting any law enforcement agencies due to their immigration status.
 
What Can You Do?
  • Learn to identify hate crimes
  • Report hate crimes to your local police
  • Report hate-related incidents to the OC Human Relations Commission
  • Assist and support hate crime victims
  • Work to prevent hate by building intergroup understanding and tolerance
  • Speak out against acts of hate
 
2007 HATE CRIME REPORT
hate crime report cover
 
 
 
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