In this section:
Hate crime is any incident committed against a person or property which is motivated by the offenders’s hatred of people who are seen as being different. This difference could be a person’s sexual orientation or gender identity or race, ethnic origin, religion, disability or gender.
Homophobic hate crime hurts. It can be confusing and frightening and may happen again. By reporting it, you may be able to prevent these crimes from happening again to you or someone else.
Don't be afraid to report any homophobic abuse you receive to the Police - what you tell them will be dealt with sensitively and professionally. All four Police forces across Wales in Dyfed Powys, Gwent, North Wales and South Wales treat hate crime seriously and their officers are trained to treat all people with respect and dignity.
But if you don't feel able to speak directly to the Police then you can fill out a Self-Reporting Form, or contact a support agency such as Victim Support who will help you, even if you do not report to the Police.
You can report to the Police all homophobic incidents eg: verbal abuse, spitting, offensive graffiti as well as criminal offences in two ways:
The Self Reporting Incident Form allows you as the victim, witness, parent, carer or any concerned person to report an incident to the Police without speaking directly to a Police officer. You have the option of giving as little or as much personal information as you wish.
If you complete the form anonymously the Police will use the information to identify patterns in an area. If you give your details the Police will contact you to investigate the incident and this could lead to the prosecution of the offender.
The Police will:
Police forces make referrals of victims of crime to Victim Support and so you will be contacted by Victim Support staff to offer support.
Contacting the Police Click here
Safer Wales will soon have a all-Wales Third party reporting form for all hate crime, click here for more information.
Victim Support is a national charity of trained volunteers who provide free, non-judgemental and confidential support to a victim and their family whether or not the crime has been supported to the Police. They can provide emotional support, practical help with changing locks etc, witness/victim support in court and assist in claiming Criminal Injuries Compensation. To find your local Victim Support click here
For information on LGB Helplines and local LGB groups click here
The Police can give you Crime Prevention Advice for protecting people and property like changing locks etc and discuss ways of collecting evidence eg: installing a CCTV camera, focused Police patrols etc. They can also put you in touch with Victim Support and neighbourhoodwatch groups.
For more details on personal safety click here
Click here for information on helping your case.
Stonewall Cymru with the support of the 4 Welsh Criminal Justice Boards have produced a Guide for victims of homophobic hate crime with information on how Criminal Justice agencies respond to homophobic hate crime and the steps that can be taken to stop it.
Click here to download the Guide Have you experienced homophobic hate crime?
The Criminal Justice System have recognised that many lesbian, gay, bisexual and transgender (LGBT) people are fearful of giving out their identity details in court and so there are now powers to restrict media reporting and to allow witnesses not to give their home address unless it is necessary for evidence.
For more information on this and witness care click here for Witness Care
There are no specific criminal charges for homophobic offences
Criminal law in respect of public order offences is intended to penalise the use of violence and/or intimidation by individuals or groups, these cover unlawful violence, disorderly behaviour and threatening, abusive or insulting words or behaviour. It also covers offences of stirring up hatred against persons on racial and/or religious grounds but this does not cover behaviour on homophobic grounds.
But the homophobic element of an offence is taken into account at the point of sentencing
The law ensures that where an assault involving, or was motivated by, hostility or prejudice based on sexual orientation (actual or perceived) the judge is required to take this into account when sentencing the criminal by:
For more details on increases to sentences for homophobic offences click here
The national figures on homophobic incidents are not collected by the Home Office.
However, from 2006 Stonewall Cymru has been requesting the four Welsh Police forces and Crown Prosecution Service areas to provide their data on Homophobic Hate Crime.
The Police total figures for years 2006 – 2008 show little increase of reports of homophobic hate crime to the Police. The totals in each Police force area remain fairly constant.
The Crown Prosecution Service total figures for years 2006 – 2008 show a steady increase of successful homophobic defendant prosecutions. The 2008 figures of successful prosecutions show a 100% increase over 2 years from 2006.
Click here for Welsh Statistics of reporting and successful cases and to download statistics.
In May 2008 Parliament passed important new legal protections against incitement to hatred on grounds of sexual orientation in the Criminal Justice and Immigration Act.
For information on the progress of the Incitement to Hatred page Act click here
A lot of partnership work is taking place between Stonewall Cymru, members of the LGBT community and the four Welsh Police forces to increase their understanding of the issues facing LGBT people and to ensure that people are treated with respect and dignity.
However, sometimes things can go wrong, so if you feel let down by one of the criminal justice agencies and want to complain click here for more information.
Stonewall Cymru in partnership with other organisations have developed a number of useful resources for tackling homophobic hate crime. Click here for more information.
If you cannot find the information you need on this website, you can call the Stonewall Cymru offices on 029 20 237744 or 01492 622202 or the Stonewall info line on 08000 50 20 20 (Mon-Fri 9:30am - 5:30pm) and we will try to point you in the right direction.
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