Hate Crimes Against LGBT People in the United States
Hate crimes (or bias crimes) are crimes motivated by an offenders’ personal bias against a particular social group. Modern hate crimes legislation developed out of civil rights protections based on race, religion, and national origin; however, the acts that constitute a hate crime have expanded over time, as have the groups protected by hate crimes legislation. Anti-LGBT hate crimes, in which victims are targeted based on their sexual orientation or gender identity. LGBT people are highly overrepresented as victims of hate crimes given the number of LGBT people in the population, and this is especially true of hate crimes against transgender women. Despite the frequency of these crimes, the legal framework for addressing them varies widely across the United States. Many states do not have specific legislation that addresses anti-LGBT hate crimes, while others have legislation that mandates data collection on those crimes but does not enhance civil or criminal penalties for them, and some offer enhanced civil and/or criminal penalties. Even in states that do have legislation to address these types of hate crimes, some states only address hate crimes based on sexual orientation but not those based on gender identity. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act gives the federal government the authority to prosecute those crimes regardless of jurisdiction; however, this power has been used in a limited capacity. Hate crimes are distinct from other crimes that are not motivated by bias. For example, thrill seeking, retaliation, or the desire to harm or punish members of a particular social group often motivates perpetrators of hate crimes; these motivations often result in hate crimes being more violent than other similar crimes. The difference in the motivation of offenders also has significant consequences for victims, both physically and mentally. Victims of hate crimes are more likely to require medical attention than victims of non-bias crimes. Likewise, victims of hate crimes, and especially anti-LGBT hate crimes, often experience negative psychological outcomes, such as PTSD, depression, or anxiety as a result of being victimized for being a member of an already marginalized social group.
- Research Article
101
- 10.1371/journal.pone.0279363
- Dec 21, 2022
- PLOS ONE
We estimate the prevalence and characteristics of violent hate crime victimization of lesbian, gay, bisexual, and transgender (LGBT) people in the United States, and we compare them to non-LGBT hate crime victims and to LGBT victims of violent non-hate crime. We analyze pooled 2017-2019 data from the National Crime Victimization Survey (n persons = 553, 925;n incidents = 32, 470), the first nationally representative and comprehensive survey on crime that allows identification of LGBT persons aged 16 or older. Descriptive and bivariate analysis show that LGBT people experienced 6.6 violent hate crime victimizations per 1,000 persons compared with non-LGBT people's 0.6 per 1,000 persons (odds ratio = 8.30, 95% confidence interval = 1.94, 14.65). LGBT people were more likely to be hate crime victims of sexual orientation or gender bias crime and less likely to be victims of race or ethnicity bias crimes compared to non-LGBT hate crime victims. Compared to non-LGBT victims, LGBT victims of hate crime were more likely to be younger, have a relationship with their assailant, and have an assailant who is white. Compared to LGBT victims of non-hate violence, more LGBT hate crime victims reported experiencing problems in their social lives, negative emotional responses, and physical symptoms of distress. Our findings affirm claims that hate crimes have adverse physical and psychological effects on victims and highlight the need to ensure that LGBT persons who experience hate crime get necessary support and services in the aftermath of the crime.
- Book Chapter
13
- 10.4324/9781315093109-10
- Sep 25, 2017
Much of the academic, practitioner and voluntary sector interest in victims of hate crime have focused upon the impacts of hate crime and the practical and emotional support needs and services for victims. Our own work has been somewhat divergent from this. We were commissioned to identify how hate crime reporting could be improved in a northern town, and made inclusive across different equality groups. We undertook a small scale study that examined individual decision making by hate crime victims in whether or not to report incidents, and how the available reporting arrangements and associated publicity materials affected these decisions (Wong & Christmann, 2008). Somewhat to our surprise, what appeared to be a critical issue in terms of whether or not hate crime policies were likely to succeed was also a much under researched area. Whilst our own research findings cannot be generalised beyond the study site, it did allow us to test out and consider more thoroughly some of the assumptions implicit in policy developments around hate crime reporting, specifically the policy goal of full reporting. We want to reflect back on these findings and the broader research literature to pose some questions on the adequacy and utility of the current reporting agencies approaches and the general policy direction to hate crime victims. We believe this has merit because the statutory criminal justice agencies and the voluntary sector are grappling with the challenges of adopting hate crime in its broadest sense, and providing a responsive, effective and victim centred service across markedly different vulnerable groups. Pertinent questions can be asked about what the current policies on hate crime can be expected to achieve given the nature of victim decision making on the critical issue of whether to report their victimisation. We will draw out some implications that the legacy of the Lawrence Inquiry has had for strategic thinking, policy making and make some tentative suggestions on how these might be improved. We argue something that may be considered heresy among hate crime victimloogy circles and victim campaigning groups; that the current policy message concerning victim reporting does not reflect reality, and risks being discredited. What is required, some 10 years post Lawrence is more nuanced responses and ones which acknowledge: the distance travelled by criminal justice agencies in the intervening years; that the majority of hate crime is manifested as single incidents of harassment (which may not necessarily constitute crimes); and the unlikelihood of full reporting by the public, which realistically fits where the public are in terms of their expectations. In doing so we do not pretend to have any authoritative answers to these issues, but believe the questions are worth posing to prompt a debate between efficacy of response versus a largely unchallenged view of hate crime victimology.
- Research Article
- 10.1177/21533687251366413
- Aug 14, 2025
- Race and Justice
Hate crimes (e.g., anti-Asian and antisemitic) continue to be a problem in the United States. Federal laws protect specific groups (i.e., race, color, national origin, religion, gender/sex, gender identity, disability, and sexual orientation) from victimization of bias-motivated crimes. There is little research investigating how laypeople “know” whether a hate crime has occurred, as well as who they believe are hate crime offenders and victims. The current study explores laypeople's awareness and recognition of hate crimes, offenders, and victims that fit or do not fit their lay theories (e.g., stereotypes). More specifically, the study explores laypeople's (i.e., jurors’) lack of knowledge about federal hate crime legislation, offenders, and victims. The overarching research question is “What are people's lay beliefs about hate crimes, offenders, and victims?” A sample of jury-eligible participants was recruited through Prolific Academic. We conducted semi-structured interviews using quota sampling based on gender (men, women) and race (White, Asian, Black, Hispanic). We conducted a content analysis of the qualitative data. Results demonstrated that participants’ lay beliefs generally aligned with what federal law dictates; however, there were some non-protected groups that laypeople believed could still be victims of hate crimes. Additionally, results can inform researchers and policy makers about laypeople's beliefs about hate crimes, offenders, and victims, which can be applied broadly and to the context of juror decision-making. If laypeople's beliefs about hate crimes, offenders, and victims are inaccurate or do not align with the federal definition of hate crimes, they could subsequently make legally unsound and inaccurate decisions.
- Research Article
8
- 10.1111/lest.12171
- Dec 1, 2017
- Legal Studies
There is an ongoing debate amongst hate crime scholars about the categories of victims that should be included within hate crime legislation. Some commentators argue that affording protection to groups based on predefined characteristics results in many victims being excluded from the legislation. They would prefer a more inclusive approach that would offer protection to a potentially limitless number of groups. This paper considers the question from a doctrinal perspective, and argues that a principled way of deciding the characteristics of hate crime is required. It will conclude that the core concern of hate crime legislation is with the furthering of the broader equality agenda and, as such, the victims of hate crime should form an exclusive group based on those characteristics protected under equality legislation. This approach can help provide a theoretical framework for hate crime legislation that can be more easily accommodated within criminal law principles.
- Research Article
19
- 10.1177/144078302128756462
- Mar 1, 2002
- Journal of Sociology
Analysis of US hate crime legislation reveals a significant overall trend involving: (1) the inclusion of a notion of hate motivation on the part of the offender; (2) the provision for enhanced penalties; and (3) the identification of particular victimized groups who are listed in state and federal hate crime statutes. Whether or not a person is recognized as a hate crime victim in US statutes has been shown to be heavily influenced by the strength of social movements based on politicized identities. It is argued that this alignment problematizes the position of victims who are the targets of hate crimes yet who fail to organize on the basis of identity politics, lack political clout, have insufficient moral status, or who see hate crime legislation as an ineffective way of dealing with their particular concerns. This paper examines the barriers to achieving hate crime victim status for persons who are targeted because of their occupations or sexual orientation. The specific examples I will use are doctors and other workers in abortion clinics, sex workers and paedophiles. These widely disparate groups have been selected as examples to highlight some of the moral status, politicized identity and social movement and lobbying strength issues that are currently involved in being recognized as a victim of hate in the US. It is argued that Australia should not proceed down the track of introducing hate crime legislation. Hate crime legislation is the source of serious social disquiet and acrimony in the US. There are inequities built into the alignment between proving hate intent and the enhanced penalty approach that involve giving higher symbolic status to some bodies and not others. As the experience in the US shows, this has a dangerous potential to undermine social cohesion and community faith in equality before the law as well as creating a breeding ground of resentment.
- Book Chapter
3
- 10.1332/policypress/9781447338765.003.0004
- Jul 4, 2018
This chapter suggests that problems over the perception of the nature of hate crime mean that often victims of disablist hate crime are overlooked. Developed partly through campaign group activism and high profile cases, hate crime has become a solid part of criminal justice policy and practice. The legal framework recognises different forms of crime motivated by prejudice or hostility towards victims based on their race, religion, sexual orientation, gender identity and/or disability. However, this chapter demonstrates that there are particular problems with the implementation of provisions related to disablist hate crime which can be understood by utilising Christie’s ‘ideal victim’ typology. Born out of an identity politics which sought recognition for the specific harms of hate crime, the development of policy has been shaped by sometimes simplistic perceptions of what it is to be victimised, often framed around issues of stranger danger and attributing recognition to ‘deserving victims’. This reliance on identity politics often means that victims of disablist hate crime are portrayed as weak and vulnerable, which can contribute to anxiety. This chapter shows the relevance of Christie’s ideal victim thesis due to an increasing emphasis on identity politics being used to determine ‘deserving’ and ‘legitimate’ victims.
- Research Article
18
- 10.1053/j.gastro.2022.11.048
- Apr 20, 2023
- Gastroenterology
A Systematic Review of Inflammatory Bowel Disease Epidemiology and Health Outcomes in Sexual and Gender Minority Individuals
- Research Article
1
- 10.1177/08862605241229720
- Feb 20, 2024
- Journal of interpersonal violence
This research explored the content of hate crime prototypes in a North American context, with particular attention to how such prototypes might influence blame attributions. In Study 1a, participants were recruited from a blended sample of universities (n = 110) and community members (n = 102) and asked to report their thoughts about typical hate crime offenses, victims, and offenders. These open-ended responses were coded, and common themes were identified. In Study 1b, a new group of participants (n = 290) were presented with these themes and asked to rate each for their characteristics of hate crimes. Studies 1a and 1b confirmed the presence of a clear prototype of hate crimes, such that (a) perpetrators were believed to be lower status White men with clear expressions of bias, (b) hate crime offenses were believed to be acts of interpersonal violence accompanied by slurs or verbal abuse, and (c) hate crime victims were thought to be members of a marginalized group who remain passive during the offense. Study 2 explored the consequences of victim prototypes on assessments of victim blame. Participants (n = 296) were recruited from York University and presented with a case vignette that varied the prototypicality of a victim of hate, depicting him as either Black or White and either passive, verbally responsive, or physically confrontational in the context of an assault. Participants showed greatest sympathy for the Black victim who passively ignored verbal harassment but increasingly assigned blame when the Black victim spoke or reacted physically. When the victim was White, participants showed little variation in their assessment of blame as a function of the victim's behavior. These results suggest that Black victims are subjected to greater behavioral scrutiny than White victims and that sympathy for victims of hate may be contingent on their passivity in the face of harassment.
- Research Article
18
- 10.1080/15299732.2018.1451972
- Mar 30, 2018
- Journal of Trauma & Dissociation
ABSTRACTHate crimes remain pressing traumatic events for sexual orientation minority adults. Previous literature documents patterns in which hate crime victimization is associated with elevated risk for poor mental health. The present paper held 2 aims to advance literature. First, we investigated the rates and types of hate crime victimization among sexual orientation minority adults. Second, adopting a mental health amplification risk model, we evaluated whether symptoms of depression, impulsivity, or post-traumatic stress exacerbated the hate crime victimization–suicide risk link. Participants were 521 adult sexual orientation minority-identifying members of the National Coalition for Sexual Freedom (i.e., a bondage and discipline, and sadomasochism-identifying sexuality special interest group). Participants completed demographic and mental health inventories via online administration. Results showed: (1) low rates of total lifetime hate crime victimization and (2) higher rates of interpersonal violence compared to property crime victimization within the sample. Regression results showed: (1) independent positive main effects of all 3 mental health symptom categories with suicide risk; (2) an interaction pattern in which impulsivity was positively associated with suicide risk for non-victims; and (3) an interaction pattern in which post-traumatic stress was positively associated with suicide risk for hate crime victims and non-victims. Results are discussed concerning implications for trauma-informed mental healthcare, mental health amplification models, and hate crime and suicide prevention policies.
- Research Article
4
- 10.1108/sc-04-2021-0012
- Jul 8, 2022
- Safer Communities
PurposeThird party reporting (TPR) services provide a route for victims of hate crime to report their experiences to an organisation other than the police. There is repeated evidence of under-reporting of hate crimes within the UK, and many victims of hate crime are unaware of the existence of TPR mechanisms. Little research attention has been given to understanding of the merits of TPR, beyond evaluating how often they are used. This study aims to explore the delivery of TPR from an advisor perspective.Design/methodology/approachThe research evaluated a small TPR centre based within a charitable organisation. The research, part of an undergraduate study, analysed the experiences of volunteer advisors working on the service through a semi-structured questionnaire.FindingsResults were mixed. Findings indicated the service contributed to an enhanced awareness of hate crimes in the community; however, greater promotion of the TPR centre was advocated. The results also indicated a significant lack of understanding and knowledge by trained volunteer advisors about hate crimes.Social implicationsA lack of informed awareness of what hate crimes are could result in victims of hate crime not being recognised or supported as such.Originality/valueMost hate crime research is victim centred, and this study is innovative in looking at those receiving hate crime reports. There is limited evidence on TPR service provision in the UK, particularly on service delivery staff, and this research contributes to the gap in knowledge.
- Research Article
195
- 10.1086/495695
- Jan 1, 2002
- Signs: Journal of Women in Culture and Society
"Either/Or" and "Both/Neither": Discursive Tensions in Transgender Politics -- TEST
- Research Article
11
- 10.1525/rac.2011.21.1.121
- Jan 1, 2011
- Religion and American Culture: A Journal of Interpretation
In October 1998, Matthew Shepard, a young gay student at the University of Wyoming, was brutally murdered. Upon hearing the news, many Americans described him as a victim of a hate crime. Others, however, proclaimed Shepard a gay martyr. This declaration was not simply political rhetoric. Despite long-standing conservative religious opposition to homosexuality, they believed that Shepard had been granted salvation and a place among the saints in heaven. This article addresses the questions, “How and why was Matthew Shepard declared a popular martyr?” More specifically, how does this popular martyrdom relate to contemporary debates surrounding civil rights for gays and lesbians in America? As part of a series of social movements that followed the Second World War, sexual minorities have struggled to claim legitimate space in American society, leaving dramatic social changes in their wake. Noting this, while contrasting the news media’s construction of Shepard with the simultaneous popular discussion on the Internet, this article argues that a long tradition of popular martyr-making came together with social and political circumstances at a certain historical moment to transform the obscure victim of a hate crime into a popular martyr residing in heaven. That is, although the news media constructed Shepard as simply the affable young victim of a fatal hate crime, these contingencies allowed many Americans to reconstruct Shepard as a popular martyr. They expressed this belief in political, cultural, and social action. In time, Shepard's popular martyrdom helped further a growing acceptance of gays and lesbians into America's mainstream.
- Research Article
73
- 10.1177/0886260503254513
- Sep 1, 2003
- Journal of Interpersonal Violence
This study used the person perception vignette method to examine whether people perceive hate crime victims as more culpable than non-hate crime victims. In a between-participants design, participants were randomly assigned to read a vignette depicting a nonhate crime or a comparable hate crime motivated by the perpetrator's hatred for either the victim's race, sexual orientation, or religion. Results showed that participants assigned more blame to the victim in the non-hate crime condition compared to the victims in each of the three hate crime conditions. In addition, they perceived the perpetrators as more guilty in each of the three hate crime conditions compared to the non-hate crime condition. In addition, people with prejudiced attitudes perceived both hate crime and non-hate crime victims as more culpable and both hate crime and non-hate crime perpetrators as less culpable than did unprejudiced people.
- Research Article
69
- 10.1177/0886260517715026
- Jun 27, 2017
- Journal of Interpersonal Violence
Based on a survey of 593 lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom, this study shows that direct anti-LGBT hate crimes (measured by direct experiences of victimization) and indirect anti-LGBT hate crimes (measured by personally knowing other victims of hate crime) are highly prolific and frequent experiences for LGBT people. Our findings show that trans people are particularly susceptible to hate crimes, both in terms of prevalence and frequency. This article additionally highlights the negative emotional and (intended) behavioral reactions that were correlated with an imagined hate crime scenario, showing that trans people are more likely to experience heightened levels of threat, vulnerability, and anxiety compared with non-trans LGB people. The study found that trans people are also more likely to feel unsupported by family, friends, and society for being LGBT, which was correlated with the frequency of direct (verbal) abuse they had previously endured. The final part of this study explores trans people's confidence levels in the Government, the police, and the Crown Prosecution Service (CPS) in relation to addressing hate crime. In general, trans people felt that the police are not effective at policing anti-LGBT hate crime, and they are not respectful toward them as victims; this was especially true where individuals had previous contact with the police. Respondents were also less confident in the CPS to prosecute anti-LGBT hate crimes, though the level of confidence was slightly higher when respondents had direct experience with the CPS. The empirical evidence presented here supports the assertion that all LGBT people, but particularly trans individuals, continue to be denied equal participation in society due to individual, social, and structural experiences of prejudice. The article concludes by arguing for a renewed policy focus that must address this issue as a public health problem.
- Research Article
40
- 10.1023/a:1016214632062
- Jan 1, 2002
- Cognitive Therapy and Research
This study employed the articulated thoughts in simulated situations (ATSS) paradigm in the investigation of college students' thoughts upon confrontation with a conspiracy to commit a sexual-orientation-based hate crime versus a nonbias crime. In a between-subjects experimental design, participants were exposed to an audiotaped scenario depicting either the planning of a hate crime or a comparable nonhate crime. Content analysis of participants' articulated thoughts in response to these stimuli revealed that the hate crime resulted in more intentions to physically aggress against the perpetrator. This supports the notion that hate crimes have a greater potential than other crimes to lead to future violence. More people were also willing to intervene and help the hate crime victim than the nonhate crime victim. In addition, antigay attitudes turned out to be predictive of anger against the hate crime victim, disapproval of the hate crime victim, and support of the hate crime perpetrators. Implications of these findings, as well as suggestions for future research, are discussed.