I've just been listening to a debate this evening on Hate Crime on Radio 4, the stimulus for which was the murder in 2007 of Sophie Lancaster and her boyfriend 'because they were Goths'.
The argument seemed to be about whether the definition of 'Hate Crime' should be widened to include a much larger variety of victimised groups than previously and the perpetrators treated differently as a result. The exchange quickly got bogged down in the validity of the categorisations of the various groups that victims might belong to, in particular, whether membership of the group could be seen as voluntary (which for example being a Goth arguably is, in a way that being a woman definitely isn't.)
I think this muddles up two separate things - on the one hand the status of the victims and on the other the motives of the perpetrators.
Taking the latter first, it seems to me that there are various motives for criminal acts - most obviously Material Gain, whether it be burglary, mugging or looting for example. A simple love of doing damage whether to people or things is another - from vandalism to picking a fight with a random by-stander.
Hate crime is different (although any crime can have a mixture of motives of course) because it rests on intolerance of people seen to be different and therefore a threat to the perpetrators' idea of what people or society should be like. It's about power, contempt and narrow mindedness, and quite rightly it especially bothers us because it is reminiscent of fascism and other sorts of extremism. The riots were not a 'hate crime against shop-keepers' as one panellist suggested. They were mostly, as far as I could tell, about stealing and destroying stuff for fun.
My point here would be that in many ways, classifying this or that crime as 'racist' or 'homophobic' for example is perhaps giving the crime an integrity and a status it doesn't warrant. Certainly some people are more drawn to attacking black people than, say, attacking women, but in many ways that is just a matter of personal bias. What lies underneath is the urge to attack what is different. I firmly believe that it is not the case that if there were no black people in the UK the racists would all be lovely peace loving people. No, they'd find someone else to attack. It's who they are. They define themselves by who they hate, and feel the need to demonstrate this at every opportunity for fear of losing their identity.
Categorising the victims should therefore be irrelevant to the criminal justice system. Hate crime can be completely defined by the motivation of the attacker - which is hatred. It shouldn't matter what group or groups the victims might see themselves as belonging to and surely the police and the courts shouldn't be wasting time debating it. If the perpetrator attacked a person simply because of who they perceived them to be (as opposed to because they wanted to rob them or because they wanted to hurt someone and it didn't much matter who it was) then it is a hate crime.
Categorising victims in this or that group only becomes useful if those groups feel they can protect their members better by banding together - sharing information, providing solidarity and counselling for example. This is why categorisation makes perfect sense to victims and potential victims, but is of no use to the criminal justice system. (The only problem seems to be for those awkward buggers who are so different they don't fit into any groups.)
Something the panel did seem to agree on was that it didn't really matter whether membership of a group was voluntary or not. Combating hate crime is all about protecting the right of people to be who they are. Being 'different' is something we should value.
Amen to that.
The argument seemed to be about whether the definition of 'Hate Crime' should be widened to include a much larger variety of victimised groups than previously and the perpetrators treated differently as a result. The exchange quickly got bogged down in the validity of the categorisations of the various groups that victims might belong to, in particular, whether membership of the group could be seen as voluntary (which for example being a Goth arguably is, in a way that being a woman definitely isn't.)
I think this muddles up two separate things - on the one hand the status of the victims and on the other the motives of the perpetrators.
Taking the latter first, it seems to me that there are various motives for criminal acts - most obviously Material Gain, whether it be burglary, mugging or looting for example. A simple love of doing damage whether to people or things is another - from vandalism to picking a fight with a random by-stander.
Hate crime is different (although any crime can have a mixture of motives of course) because it rests on intolerance of people seen to be different and therefore a threat to the perpetrators' idea of what people or society should be like. It's about power, contempt and narrow mindedness, and quite rightly it especially bothers us because it is reminiscent of fascism and other sorts of extremism. The riots were not a 'hate crime against shop-keepers' as one panellist suggested. They were mostly, as far as I could tell, about stealing and destroying stuff for fun.
My point here would be that in many ways, classifying this or that crime as 'racist' or 'homophobic' for example is perhaps giving the crime an integrity and a status it doesn't warrant. Certainly some people are more drawn to attacking black people than, say, attacking women, but in many ways that is just a matter of personal bias. What lies underneath is the urge to attack what is different. I firmly believe that it is not the case that if there were no black people in the UK the racists would all be lovely peace loving people. No, they'd find someone else to attack. It's who they are. They define themselves by who they hate, and feel the need to demonstrate this at every opportunity for fear of losing their identity.
Categorising the victims should therefore be irrelevant to the criminal justice system. Hate crime can be completely defined by the motivation of the attacker - which is hatred. It shouldn't matter what group or groups the victims might see themselves as belonging to and surely the police and the courts shouldn't be wasting time debating it. If the perpetrator attacked a person simply because of who they perceived them to be (as opposed to because they wanted to rob them or because they wanted to hurt someone and it didn't much matter who it was) then it is a hate crime.
Categorising victims in this or that group only becomes useful if those groups feel they can protect their members better by banding together - sharing information, providing solidarity and counselling for example. This is why categorisation makes perfect sense to victims and potential victims, but is of no use to the criminal justice system. (The only problem seems to be for those awkward buggers who are so different they don't fit into any groups.)
Something the panel did seem to agree on was that it didn't really matter whether membership of a group was voluntary or not. Combating hate crime is all about protecting the right of people to be who they are. Being 'different' is something we should value.
Amen to that.