But although, on the surface, the world appears to be more inclusive now than ever before, figures show that the LGBT+ community still suffers from terrible hate crimes and abuse.
Hate crime is defined as a criminal offence which is perceived by the victim or any other person to be motivated by a person’s sexual orientation, race, or against a person who is transgender or perceived to be transgender.
Hate crime can take place in the form of physical or verbal abuse, or incitement to hatred – for example, by causing a stir to encourage abuse through the form of violence against a specific person or group.
The UK used to be one of Europe’s most welcoming places for people in the LGBT+ community, according to statistics. But since 2012 there has been a 462% increase in sexual orientation hate crime reports.
Meanwhile, House of Commons Hate Crime Statistics shows that the number of reports regarding transphobia has shot up even further with a 1,426% increase.
Last year, Drag Race star James Lee Williams, better known as The Vivienne suffered a horrific homophobic attack at a McDonalds branch in Liverpool. Attacker, Alan Whitfield, 51 admitted assault by beating and was given a 12-week prison sentence, suspended for 18 months in January this year after the court ruled it was a motivated attack.
Recalling the abuse, Mr. Williams said:
“He carried on, then after the fourth ‘look at the state of you’ I said ‘look at the state of you’, I said ‘look at the state of your face’, to which he said ‘I’ve got skin cancer’ and then punched me straight in the face.”
Figures show which area in the UK is subject to the highest average of hate crime per 100,000 people.
In 2023, the police force areas with the highest average of hate crime reports per 100,000 people were:
However, charities say that the figures do not show the full picture as many hate crimes still go unreported.
A hate crime is defined by the Crown Prosecution Service (CPS) as any crime if the offender has either:
Hate crime can take three forms:
There are a few different ways you can report a hate crime. We have broken down the options for you.
If you have been a victim of a hate crime, you may be entitled to claim compensation for the damages you have suffered.
Criminal Injuries Compensation Authority (CICA) awards compensation to those who have sustained an injury due to an act of criminal violence. However, as this is a government-run scheme there is a strict criteria you have to adhere to be successful in your claim.
By using a qualified solicitor, we can assist you in putting the best case forward to return the rightful compensation you are entitled to. We can also appeal on your behalf if we believe the offer for compensation is not as much as you should be entitled to.
We have broken down everything you need to know about claiming compensation from the CICA for a hate crime.
The CICA defines a ‘Crime of Violence’ as a crime which, by intention or recklessness, involves any of the following:
According to the CICA, to make a successful claim, the offence must have taken place in a relevant place – which means Great Britain.
However, some further niche areas fall under the CICA’s definition. This includes a British-controlled aircraft, a British-controlled hovercraft, or a lighthouse off the coast of Great Britain.
As a general rule, the crime must have taken place within the last two years to put in a criminal injury application to the CICA. There can be exceptions to this rule if, due to exceptional circumstances, the applicant could not have applied earlier.
If an applicant was a child under the age of 18 on the date of the criminal incident, they have until they turn 20 years old to submit a claim.
The Crown Prosecution Service (CPS) and the police have been known to tell an individual not to put in a claim to the CICA until after a criminal investigation has concluded however this can put you in severe danger of missing the pre-imposed deadlines that have been set.
Other CICA conditions I need to adhere to:
The CICA calculates awards for criminal injury compensation using a tariff that contains provisions for both physical and psychological injuries.
It pays out on up to three injuries if each is so serious that they would qualify for individual awards, calculated as follows:
If your injury has caused you to miss a significant amount of work, then you may be able to claim for loss of earnings. If you have missed work for over 28 weeks, there is the option to add a claim for lost earnings to your CICA application.
You will be paid from the 29th week onwards that you have missed work and payments will be made via statutory sick pay rates. Supporting evidence must be provided from your doctor or employer to demonstrate that you were unfit for work for the length of time mentioned above.
Special expenses, such as medical expenses and alterations to your household, that have arisen as a result of your injury may also be claimed for. These expenses must be reasonable and will not be available if you received them for free, e.g. through the NHS.
Criminal injury (CICA) claims – Oakwood Solicitors
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Meet the author
Aimee Fox joined Oakwood Solicitors in October 2023 as a Paralegal in the Criminal Injury Department. Prior to this, Aimee graduated from Leeds Beckett University with a 1:1 degree in Law with Crimino…
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