Stonewall Scotland | 
Legal protection for hate crime on the grounds of sexual orientation or gender identity in Scotland is way behind the rest of the UK. Stonewall Scotland is campaigning to change this.
For more information on what hate crime is, the current legal and political situation, and what you can do if you are a victim of hate crime, click on the links below.
Definition of hate crime
The legal situation
The political situation
What to do if you are a victim of hate crime
Definition of hate crime
Hate crime is a crime motivated by malice or ill will against a particular group of people. It can take many forms - assault, vandalism and verbal harassment are all common.
The legal situation
Scottish law recognises that sometimes the circumstances behind a crime can make it worse - "aggravate" the crime - and so someone who is convicted of that crime should face an extra penalty.
There are already laws in Scotland which say if a crime is motivated by malice or ill will on the grounds of someone's race and religion, the crime is aggravated and a court must take this into account when passing sentence. And there are also procedures in place to make sure such crimes are dealt with properly, and that the number of them is recorded.
In the rest of the UK, the same applies to crimes motivated by prejudice on grounds of sexual orientation, but not in Scotland.
In Scotland, if someone is a victim of a hate crime because they are L,G,B or T then the crime itself may be prosecuted - assault and vandalism are illegal in Scotland, and while verbal harassment is not a crime it can often be dealt with as a breach of the peace - but the motivation for the crime will not be taken into account.
Scottish common law - that is, law that was not made through legislation but has been developed over the years by the courts - does theoretically allow for a complaint of the crime to specify it was motivated by hatred of any kind, and for the court to take this into account. However, in practice all the evidence shows that the courts are not using this "common law aggravation" to effectively deal with crime motivated by homophobia and transphobia - and there is still no consistent monitoring of the number of hate crimes committed.
Whilst police forces do now monitor the prevalence of homophobic and transphobic crime and pass details of the nature of the incident on to the Procurator Fiscal when they report the crime, at the moment the Procurator Fiscal Service does not have the tools it needs to prosecute the crime as an aggravated crime.
The political situation
In 2003 the Scottish Executive set up a working group on hate crime. The working group reported in October 2004, recommending that a statutory aggravation for transphobic, homophobic or disability related hate crime should be introduced as soon as possible. Download the Working Group on Hate Crime Report.
It took the Executive until June 2006 to respond - and when they did, they rejected the main recommendation.
Stonewall Scotland and other LGBT and disability organisations are now campaigning to get that decision reversed and the SNP Government have agreed to do so but with no timescale yet clear.
What to do if you are a victim of hate crime
Although hate crimes against LGBT people in Scotland can't be prosecuted as aggravated offences, they are still illegal.
Assault of any kind is an extremely serious offence, and vandalism is a crime. Although there is no specific Scottish law against harassment, it can often be prosecuted as breach of the peace.
If you are a victim of a hate crime, Stonewall Scotland would suggest reporting it to the police. Scotland's police forces have made significant advances in fair treatment for LGBT people in recent years. However, if you're not comfortable speaking directly to the police some forces operate a system which will allow you to report the crime remotely, through an independent body like a support group. You can check with local LGBT groups in your area if they operate such a scheme.
Even if you would rather the case never came to trial, it's still helpful to report it as the offenders may attack someone else, and any information the police have could help track them down.
There are links to police websites here. You can report remotely online to Lothian and Borders Police here, to Strathclyde Police here and to Central Scotland Police here . Independent support for victims of crime can be provided by Victim Support Scotland.
If you are being harassed by someone then whether or not they are prosecuted for a criminal offence you may be able to apply for a non-harassment order to stop them - one of our LGBT friendly solicitors can help you with this. If it's happening in or around your home, try speaking to your local council who may be able to get an Anti Social Behaviour Order to stop the people who are harassing you. Your local Citizens Advice Bureau will be able to tell you more.
If you are being harassed at work, this breaks the employment non-discrimination law, and you could make a complaint to an Employment Tribunal. See our employment page for details.
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