Hate Crime

2010 Report on Hate Crimes:

• Read the 2010 Orange County Hate Crime Report,  released 08/18/2011

What Is A Hate Crime?

California Penal Code section 422.55, defines Hate Crime 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 bias related 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.

Need Support?

• OC Hate Crime Victims Assistance Partnership
• What should I do if I am victimized?
• What compensation is available to me
• Where can I get help?
• How are hate crimes enforced?

Hate Crime Victim Assistance Partnership

In 2003, the Orange County Human Relations Commission, Community Service Programs Victims Services (CSP), the Anti-Defamation League, the Center Orange County and the American Civil Liberties Union (ACLU) joined various community organizations to create the Orange County Hate Crime Victim Assistance Partnership, a working group of the Hate Crime Network. This partnership is dedicated to creating a united voice against hate, developing resources for victims of hate, and building an appreciation of diversity in the community. The objectives of the OCHCVAP are:

• To Increase immediate and effective assistance to victims of hate.
• To address the underreporting of hate crimes and hate incidents in our communities
• To build and develop collaborations between community organizations and law enforcement
• To educate communities about roots and trends of hate crimes and hate incidents

The OCHCVAP has its own website that offers victim assistance information and the ability to report a hate crime online.

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 Compensation is available to me?

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).

Where can I get Help?

EMERGENCY: Call your local Police Department or 911

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.

Please contact CSP Victims Services for more information at 949.975.0244.

In addition, the following agencies can offer support and assistance.

How are hate crimes enforced?

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.

More Information About Fighting Hate...

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.

Under Reporting:

• According to the U.S. Justice Department National Crime Victim Survey, hate crimes and bias incidents potentially occur 24-28 times more than reported.
• 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.

Hate Crime Presentations:

The OC Human Relations Commission has been documenting hate crimes and providing assistance to victims of hate crimes for approximately 17 years. The Commission remains steadfast in its stance against hate related crimes and incidents.

OC Human Relations can present a 30 minute to one hour PowerPoint presentation on Hate Crimes in Orange County to your organization.  For more information email James Armendaris or phone 714-567-5117.