A homophobic or biphobic hate crime is an offence that is considered a crime that has been perpetrated against someone due to their actual or perceived sexual orientation.
A transphobic hate crime is an offence that is considered a crime that has been perpetrated against someone due to their actual, or perceived, transgender identity.
Unlike racially aggravated hate crimes, homophobic, biphobic and transphobic hate crimes cannot be charged with a specific offence of homophobically motivated harassment for example. Instead perpetrators would be charged with existing offences, such as assault, and the motivation would be taken into account during sentencing.
If an offence is believed to have been motivated by hostility or prejudice based on sexual orientation or trans identity (actual or perceived) the judge is required to:
- Treat this as an aggravating factor
- State in open court any extra elements of the sentence that they are giving for the aggravation.
Reporting a hate crime
You can report a hate crime various ways. You can approach the Police directly, most have Hate Crime units or LGBT liaison officers. If you want to report the offence anonymously you can do so via your local third party reporting centre or via Victim Support. You can find more information about reporting a hate crime in our guide:[doc1]
For further information please contact Stonewall Cymru's Information Service on 08000 502020 or email email@example.com