On the rise - Concerns about homophobic hate crimes

Home » News & Knowledge » Concerns as homophobic hate crimes ‘significantly’ on the rise

Concerns have been raised as homophobic hate crimes taking place on public transport have risen significantly, new figures have revealed.

In the last year, transport for London (TfL) recorded 2,974 hate crime incidents in 2023-24, compared with 2,217 in the previous 12 months.

On the rise

But concerns have been raised that this is still not the full extent of the issue, as many homophobic attacks still remain unreported. One victim, Dan Harry, said he did not report his attack because he “doesn’t have a lot of faith in the authorities to find justice.”

He also said that despite the attack happening in a public place, nobody helped or said anything to him, which has “almost stayed with me more than the initial homophobia I experienced in the first place.”

He explained that the incident occurred after he went on a date at Kings Cross station, London.

“As I went on the escalator, I could sense three men were behind me and were trying to get my attention. I was trying to just ignore it.

“I get on to the platform, I could see they’d followed me and now they’re standing behind me and whispering things in my ear. Horrible, homophobic slurs.

“As the train was getting closer, I could feel them getting closer and closer to my back, and they were almost nudging me forward closer and closer to the platform edge.

“I remember feeling really scared and I didn’t know what to do,” he said.

“I just felt overwhelmed, I didn’t really know what to do, and from what I’ve heard from friends who have experienced similar things, I just don’t have a lot of faith in the authorities to actually find justice.

“However, if I could go back I absolutely would report it.”

Meanwhile, RuPaul’s Drag Race star Elektra Fence also said she has been the victim of homophobic attacks “numerous times” on London transport.

Speaking to the BBC, she said:

“It was Pride month, and I was getting off the escalator at London Bridge in full face, – which is drag make-up – and a gentleman got off the train and kicked me.

“He was also calling me homophobic names. I nearly tripped down the escalator.

“I thought, ‘I’ve got to report this, I’m fed up of these attacks, I’m fed up of seeing these attacks, of them happening to me, I’m fed up of all this hate crime’.

“I know one of my trans friends was spat at on the Underground, which is absolutely disgusting.

“Why would you do that to someone who is just living their life, being themselves, their authentic selves?”

The concerning rise in hate crimes on public transport has meant that specialised police teams have been deployed to crack down on incidents.

Team manager for the patrol, Aiden Costello, said he could see hate crime was increasing:

“Racially related hate crimes have gone up significantly since we’ve been out on the network.

“It’s the same with homophobic hate crimes – anything relating to the LGBTQ+ community.

“We take a zero-tolerance approach to any kind of hate crime on the network.

“The more reports that get put in, the more something can be done about it.”

What is a hate crime?

The Metropolitan Police defines a hate crime as “any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice” based on:

A person’s race or perceived race
Religion or perceived religion
Sexual orientation or perceived sexual orientation
Disability or perceived disability
Transgender status or perceived transgender status

A hate crime is defined by the Crown Prosecution Service (CPS) as any crime if the offender has either:

Demonstrated hostility based on race, religion, disability, sexual orientation or transgender identity
Or been motivated by hostility based on race, religion, disability, sexual orientation or transgender identity

Types of hate crime

Hate crime can take three forms:

Physical assault – Physical assault of any kind is an offence.
Verbal abuse – This includes verbal abuse, threats or name-calling.
Incitement to hatred – The offence of incitement to hatred occurs when someone acts in a way that is threatening and intended to stir up hatred. That could be in words, pictures, videos or music, and includes information posted on websites.

Claiming compensation for a violent hate crime

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.

What is a Crime of Violence?

The CICA defines a ‘Crime of Violence’ as a crime which, by intention or recklessness, involves any of the following:

A physical attack
Any other act (or failure to act) of a violent nature which causes physical injury to a person
A threat against a person causing fear of immediate violence
Sexual assault
Arson

What is a ‘Relevant Place’?

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.

How long do I have to make a claim?

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 crime must have been reported to the police as soon as ‘reasonably practicable’
The applicant must have fully co-operated with the police
The applicant must fully cooperate with the CICA claims officer

How much compensation will I get?

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:

100% of the injury that achieves the highest compensation
30% of an injury that is worth either equal to the most serious injury or the second-highest compensation
15% of an injury that is worth either equal to the second most serious injury or the third-highest compensation
There are also additional payments for losses that may be claimed, 3 are shown below with examples:

Common awards

A fractured jaw bone resulting in ongoing problems. This would be valued at £3,500 and could rise to £6,200 if an operation had taken place.
Facial scarring causes serious disfigurement. This could be valued up to £11,000.
Injuries resulting in permanent tinnitus which is very severe can be valued at £16,500.
Loss of teeth could be valued up to £3,500
A permanent and seriously disabling psychological injury, with a potential value of up to £27,000.

Loss of earnings

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

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.

How to report a hate crime

There are a few different ways you can report a hate crime. We have broken down the options for you.

Police – You can call 999 (emergency) or 101 (non-emergency), go in person at any police station, or report online.
Third parties – Some hate crime victims may find visiting or calling the police stations daunting, so third parties are in place to overcome these barriers. Charities such as SAYiT and Stop Hate UK will be able to take details of the offence and contact the relevant police force on your behalf.
Crimestoppers – If you want to pass details of a hate crime (or any other) offender but do not want to talk to the police, you can also call Crimestoppers on 0800 555111 or via their website at www.crimestoppers-uk.org. You do not have to give your name and what you say is confidential. It is free to call.