Disability Hate Crime

New definition of Disability Hate Crime, 2009

Hate Incident = Any non crime incident which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on a persons disability or perceived disability.

These definitions mean that the word 'Hate' does not have to be the main reason for reporting a crime against us. It means that if we feel that if the crime or incident is happening just because we are disabled we can report it more easily. It doesn't have to be just 'Hate' against us.

What is a DHC?

6.10.08 UK must do better on DHC

UK DPP says must do better on Disability Hate Crime

6 OCT 2008 Society must do better on disability hate crime says DPP, Sir Ken Macdonald (6.10.08)

Many disabled people live in fear of crime. But many disabled people also feel that they are specifically at risk of crimes against disabled people, because they are disabled and such crimes have risen. Sir Ken Macdonald, the Director of Public Prosecutions, wants us to be better protected by the law.

Discrimination Law Association

What is a Disability Hate Crime ?

A disability hate crime is a criminal offence motivated by hatred or prejudice towards a person because of their actual or perceived disability. It is also a criminal offence in which immediately before, after or during the offence the perpetrator demonstrates hostility towards a person because of their actual or perceived disability. (See s.146 Criminal Justice Act 2003)

A disablist incident is any incident that is perceived to be aimed at a person because of their disability or impairment by the victim or any other person.

Disability hate crime is when someone is being abused or harassed because they are disabled.

“Harassment of a disabled person, is any behaviour which is perceived to be attributable to their impairment, which is unwanted and offensive, which discriminates and treats a person less favourably because of that person’s disability”. - Harassment of disabled people in Southampton, An Evaluation of People’s Experiences, Southampton Centre for Independent Living (SCIL) 2002

Disability hate crime is a direct attack on a person's identity and an infringement of their human rights. It is pervasive and a regular feature of the lives of many people with disabilities. Research by Mencap (Living in Fear, 2000) found that nearly nine out of ten people with learning disabilities had been harassed or attacked within the last year, with 32% saying they experienced harassment or attacks on a daily or weekly basis. 23% had been assaulted. The cases of Steven Hoskin and Brent Martin show that at the extreme of disability hate crime, people are murdered because of their disabilities. Mr Hoskin's case and the case of Raymond Atherton also demonstrate that a series of minor disability hate crimes may dramatically escalate.

ACT fears that opportunities to address disability hate crime are being missed by criminal justice agencies. Only 68 cases of disability hate crime were prosecuted between April and September 2007. This figure represents progress but is still far below the rate of disability hate crime indicated by surveys of people with disabilities and direct experience. Our fear is that many disability hate crimes are not reported and, if they are reported, are not identified as hate crimes by criminal justice agencies. In addition, victims may not be receiving the assistance they need to give their best evidence, so reducing the chance of convictions. Home Office research has shown that the police only identify, at best, half of all vulnerable and intimidated witnesses (Home Office Online Report 01/06, 2006). It is also our experience that prosecutors are often reluctant to pursue cases involving victims with learning disabilities.

The public is largely ignorant about the existence of disability hate crime and little attempt is made to confront the public prejudice which feeds these crimes. The denouncements of disability hate crime which are made by policymakers have been too quiet and too rare to achieve change.

Report crime officially to True Vision:- Report hate crime to police (UK)

Or you can email us privately at NeuroDiversity International

Social Workers Ignoring Disability Hate Crimes (Jan 09)

Hate crime & violence against disabled people [PDF] (Feb 09)

Respond: Disability Hate Crime

Home Office UK: Hate Crime

CPS UK: Disability Hate Crime

DisabilityNow: Hate Crime Dossier

Death of Brent Martin (BBC, Jan 08)

Fears over disability hate crime (BBC, Dec 07)