• Hate Crimes/Violence Against People Experiencing Homelessness
• What you can do
• Current Hate Crimes Prevention Legislation
• Legislative History
• Hate Crime Statutory Provisions
• NCH Recommendations
• California's Call for a Hate Crimes Investigation
• Civil Rights Succes in Alaska
• Hate Crimes Reports
  
  

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Hate Crimes Against People Experiencing Homelessness

The June 2001 killing of Hector Robles in Paterson, NJ by a mob of high school boys saturated front pages and evening news reports with its horrid brutality and inexplicable motivation. Hidden from most living rooms, however, were a number of other shocking crimes committed nationwide against homeless people this year. A 22-year-old woman was stabbed almost 15 times and thrown into the Charles River in Cambridge, MA. A man was drenched with gasoline and set on fire in New York City. An army veteran in Ventura, CA, was beaten to death while resting in his sleeping bag.

The term "hate crime" generally conjures up images of cross burnings and lynchings, swastikas on Jewish synagogues, and horrific murders of gays and lesbians. In 1968, the U.S. Congress defined a hate crime as a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of their race, color or national origin (Title 18 U.S.C Section 245). The first federal law to combat hate crimes, 18 USC Section 245, passed in 1968; it mandated that the government must prove both that the crime occurred because of a victim's membership in a designated group and because the victim was engaged in certain specified federally-protected activities -- such as serving on a jury, voting, or attending public school. [1]

Hate crimes are commonly called bias-motivated crimes, referring to the prejudice or partiality of the perpetrator against the victim's real or perceived grouping or circumstance. Most hate crimes are committed not by organized hate groups, but by individual citizens who harbor a strong resentment against a certain group of people. Some are "mission offenders," who believe they are on a mission to cleanse the world of a particular evil. Others are "scapegoat offenders," who project their resentment toward the growing economic power of a particular racial or ethnic group through violent actions. Still others are "thrill seekers"-those who take advantage of a vulnerable and disadvantaged group in order to satisfy their own pleasures. [2] Thrill seekers, primarily in their teens, are the most common perpetrators of violence against the homeless population.

What You Can Do:

By bringing up discussion on hate crimes committed to people experiencing homelessness in the market place of ideas we have the chance to break down stereotypes and broaden awareness. When roundtable discussions in college classrooms or community forums talk about the issue of hate crimes against homeless people or invite NCH to present at your discussion. Through solidarity and education we can bring a final end to hate crime violence. For more information, please contact Michael Stoops, Director of Community Organizing at 202.462.4822 ext. 19 or mstoops@nationalhomeless.org.

Current Hate Crimes Prevention Legislation:

The most recent piece of legislation, Local Law Enforcement Hate Crimes Prevention Act (H.R. 1343, S. 625), stands to strengthen existing federal hate crime laws in two ways. First, it would expand the current law to reach all the cases where individuals kill or injure others because of bias against religion, color, national origin or race. Second, it would expand the Department of Justice's ability to prosecute individuals who commit violent crimes against individuals because of their gender, disability, or sexual orientation. There is currently no federal criminal prohibition against violent crimes directed at individuals because of their housing status.

H.R. 1343/S. 625 currently has broad bipartisan support, with 250 co-sponsors in the House and 51 co-sponsors in the Senate. The National Coalition for the Homeless aims to include housing status in future pieces of legislation. By including housing status, hate crimes and violent acts towards people experiencing homelessness will be more appropriately handled and prosecuted. Additionally, if victims know that a system is in place to prosecute such crimes, they are more likely to come forward to report these crimes. People who are forced to live and sleep on the streets for lack of an appropriate alternative are in an extremely vulnerable situation, and it is unacceptable that they are not protected by hate crime prevention laws.

Legislative History:

The first federal law to combat hate crimes, in Title VII in the Civil Rights Act, 18 USC Section 245, passed in 1968; it mandated that the government must prove both that the crime occurred because of a person's membership in a designated group and because the victim was engaged in certain specified federally-protected activities -- such as serving on a jury, voting, or attending public school. [3]

The Fair Housing Amendments Act of 1988 made major changes to Title VIII, including adding two protected classes - gender and disability -- strengthening the administrative and judicial enforcement process for HUD complaints and providing monetary penalties in cases where housing discrimination is found.

Federal bias crime laws enacted subsequently have provided additional coverage. The Hate Crimes Statistics Act of 1990 (HCSA) mandates the Justice Department to collect data from law enforcement agencies about crimes that "manifest evidence of prejudice based upon race, religion, sexual orientation, or ethnicity." [4] The Hate Crimes Sentencing Enhancement Act, enacted as a section of the Violent Crime Control and Law Enforcement Act of 1994, defines hate crimes as "a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, national origin, ethnicity, gender, disability, or sexual orientation of any person." This measure only applies to, inter alia, attacks and vandalism which occur in national parks and on federal property. [5]

Hate Crime Statutory Provisions

NCH Recommendations:

1. A public statement by the U.S. Department of Justice acknowledging that hate crimes and/or violence against people experiencing homelessness is a serious national trend.

2. A database to be maintained by the U.S. Department of Justice, in cooperation with the National Coalition for the Homeless, to track hate crimes and/or violence against people who become homeless.

3. Sensitivity training at police academies and departments nationwide for trainees and police officers on how to deal effectively and humanely with people who become homeless in their communities.

4. A General Accounting Office (GAO) investigation into the nature and scope of hate crimes and/or violent acts and crimes that occur against people experiencing homelessness. The study will address the following: causes of hate crimes/violence, circumstances that contribute to or were responsible for the perpetrators' behavior, beliefs held by the perpetrators of these crimes and how their beliefs have changed since conviction, and thoughts and advice to others who are considering hate crimes/violence against the homeless population.

California's Call for a Hate Crimes Investigation

Senate Resolution No. 18 - Introduced by Senator Burton calls for an investigation into the hate crimes committed against people experiencing homelessness.

The Senate requests the Attorney General do each of the following:

(a) Assess the extent of the problem of crimes against homeless persons and develop a plan to prevent and report these crimes and to apprehend and prosecute the perpetrators of these crimes. The Senate requests that, in developing the assessment and plan, the Attorney General consult homeless persons and their Advocates, law enforcement agencies experienced with anti-homeless crime, and the Commission on Peace Officer Standards and Training.

(b) Make an initial report to the Legislature by January 7, 2002, and a final report by December 1, 2002. The Senate requests that the reports include recommendation on whether to expand the definition of hate crimes to include crimes committed in whole or part because the victim is homeless or is perceived to be homeless.

NCH Reports on Hate Crimes/Violence Committed Against People Experiencing Homelessness:

• 2009: Hate Crimes Against the Homeless: America's Growing Tide of Violence
• 2008: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness
• 2007: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness
• 2006: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness
• 2005: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness
• 2004: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness
• 2003: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness
• 2002: Hate, Violence, and Death on Main Street USA: A Report on Hate Crimes And Violence Against People Experiencing Homelessness
• 2001: Violent Crimes Committed Against Homeless People in the U.S.
• 2000: Hate Crime Violence Against Homeless People
• 1999: Hate Crimes Against Homeless People

1 Source: Anti-Defamation League, http://www.adl.org/legislative_action/hatecrimes_briefing.html
2 Source: U.S. Department of Justice, Office of Justice Programs, www.ojp.usdoj.gov
3 Source: Anti-Defamation League, http://www.adl.org/legislative_action/hatecrimes_briefing.html
4 Source: Leadership Conference on Civil Rights, www.civilrights.org
5 Source: Anti-Defamation League, http://www.adl.org/legislative_action/hatecrimes_briefing.html