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Hate Crime

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that person and to deter future viola-

tions of these laws. The court also

• Your local District Attorney’s Victim/

Witness Program (County listing in the

Preventing

Hate Crime

may issue a restraining order or other telephone book)

type of injunctive order to protect you • The United States Attorney’s Office

from further harm, and may order the Victim/Witness Assistance Program in

person who has harmed you to pay your district (Federal listing in the

your attorney’s fees if you have hired telephone book)

an attorney. • United States Department of Justice,

Community Relations Services (Federal

What can you and your listing in the telephone book)

community do?

• Speak out against hate and intolerance.

• Support the victims by holding com- For further information on this program and

munity rallies and offering support and other crime prevention material, write to:

assistance to the victim.

• Encourage public officials to state their Crime and Violence Prevention Center

opposition to hate crimes. California Attorney General's Office

• Establish a hate crime network that P.O. Box 944255

includes law enforcement, local govern- Sacramento, CA 94244-2550

ment, schools, religious organizations

www.ag.ca.gov/cvpc

and community-based organizations

that immediately responds to a hate

crime when it occurs and promotes

prevention and awareness.



How To Obtain Assistance

If you have been the victim of a hate

crime, the following resources may be of

assistance to you:

• California Attorney General’s Office of

Victims’ Services

Telephone: (877) 433-9069

• State of California - Department of

Fair Employment and Housing

Telephone: 1-800-884-1684

TTY: 1-800-700-2320 Crime and Violence Prevention Center

• California State Board of Control California Attorney General's Office

Victims of Violent Crime Unit

Telephone: 1-800-777-9229 B13–9119 Bill Lockyer

2/01 Attorney General

“Hate Crimes are among the most as the freedom of speech, allow hateful Basic Clues

dehumanizing of crimes because the rhetoric as long as it does not interfere with

The following list indicates signs that a

perpetrator views his or her victim as the civil rights of others. If this type of be-

hate crime may have been committed:

havior escalates to threats being made or

lacking full human worth due to his • Perception of the victim or witness that

carried out against a person or property, then

or her skin color, language, religion, he/she was selected by the perpetrator

it would be classified as a hate crime.

because of his or her membership in a

sexual orientation, or disability. In

protected class.

addition, a hate crime impacts the A hate crime is a criminal act or attempted

• Written or oral comments of the perpe-

entire group to which the victim criminal act committed against a person or

trator that may indicate a bias.

belongs, spreading concern through- his or her property because the person is, or

• Date of incident coincides with a day

is perceived to be, a member of a protected

out the community.” that is of significance to the victim’s

class.

protected class.

Bill Lockyer • Differences between the race or religion,

Hate crimes should be reported to the pro-

Attorney General for example, of the victim and the

per authorities, such as your local police or

perpetrator.

sheriff’s department. If these hate crimes

• Organized hate group activity in the

are not reported to law enforcement, the

area.

perpetrators will continue to act on their

Hate Crimes in California beliefs and will continue to pose a threat

to society. Services Available to

In California, you can be a victim of a hate Hate Crime Victims

crime if you have been targeted because of

your “real” or “perceived” race, ethnicity, Hate Crime Victims • You have certain rights under the

California Constitution’s Victim’s Bill of

national origin, religion, gender, sexual If you suspect you are a victim of a hate

Rights. For example, you may be entitled

orientation, or physical or mental disability. crime, you should:

to information about the prosecution

These groups are referred to as “protected • Call the police or sheriff’s department

of the perpetrator, and have the right

classes.” All people are members of a immediately.

to present a victim impact statement at

protected class. • Obtain medical attention (if needed).

the time of sentencing.

• Write down the exact words that were

• You may be entitled to restitution for

It is important to be able to differentiate spoken and any other information that

any loss, damage or injury that you may

between hate incidents and hate crimes. may be of value.

incur.

• Save any evidence (graffiti, egg shells,

• You are also protected under the Ralph

A hate incident is an action or behavior writing on victim’s vehicle). Do not remove

Act and the Bane Act. Under these

that is motivated by hate, but is protected any evidence. Wait until law enforcement

laws, a court may award money to you.

by the First Amendment right to freedom officers respond and take photographs.

The court may require the person who

of expression. Examples of hate incidents • Get the name(s), address(es), and telephone

has violated your rights to pay a civil

can include name calling, epithets, distri- number(s) of other victims and witnesses.

penalty ($25,000) to you, money to

bution of hate material in public places, and • If possible, get a description of the perpe-

compensate you for the actual harm

the display of offensive hate-motivated trator and perpetrator’s vehicle.

you have suffered, and/or an additional

material on one’s property. The freedoms • Call community-based organizations in

amount of money designed to punish

guaranteed by the U.S. Constitution, such your area that respond to hate crimes.



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