Law change equalises punishment for anti-LGBTQ+ hate crime
Today the Crime and Policing Bill has received Royal Assent, changing the law to make anti-LGBTQ+ hate crime an aggravated offence. We have worked hard to make this change, working closely with Parliamentarians and government. This change in law brings penalties for anti-LGBTQ+ hate crime in line with offences motivated by race and religion, and will give LGBTQ+ victims and survivors more time to access criminal justice.
Expanding aggravated offences to include all characteristics covered in hate crime legislation was a recommendation first made by the Law Commission in 2021. The commitment was included in the Labour Party’s manifesto in 2024.
This legislative change comes amidst an increase in hate crimes against the LGBTQ+ community in recent years. In the last five years official police-recorded hate crime based on sexual orientation has increased by 20% and those based on trans identity have increased by 50%. Galop also saw a 27% increase in hate crime calls to their National LGBT+ Abuse and Violence Helpline during the last reporting year.
Under current legislation, hate crimes against LGBTQ+ people have a 6-month statutory time limit for cases to be reported, investigated and presented to the Crown Prosecution Service. Galop often hears from victims, like Joanne and Mark, who are denied access to criminal justice because they did not have enough time to safely report their experiences of hate crime to the police.
For over 8 months, Joanne* endured sustained transphobic abuse from her neighbour, including verbal abuse and repeated property damage. Living alone, Joanne felt extremely vulnerable and feared retaliation if she reported the crimes to the police. Instead, she kept detailed logs and evidence while she found a safer place to live. After moving home, Joanne felt able to report the abuse to the police but when doing so, the police told her that no action could be taken as the 6-month statutory time limit had passed.
After hosting an LGBTQ+ photography show, Mark* faced sustained homophobic abuse online from someone he knew. The ongoing harassment severely impacted John’s mental health, and he needed to seek medical support. Once Mark had recovered, he reported the homophobic abuse to the police. Following investigative delays, Mark’s case exceeded the 6-month time limit and his case was dropped, leading to Mark experiencing a second decline in his mental health.
*Names have been changed to protect the anonymity of Galop's clients.
Although anti-LGBTQ+ hate crime has long been recognised in law, offences motivated by race or religion have historically carried stronger maximum penalties as they were classified as aggravated offences.
Under the new legislation, the punishment for anti-LGBTQ+ hate crimes will be equalised. They will be considered more serious offences in the eyes of the courts, perpetrators will get stronger sentences and victims will have more time to access justice.
This change in the law will see hate crimes against LGBTQ+ and disabled people carry longer sentences, end the 6-month time limit for investigations, and demonstrate that all victims, no matter their identity, will be taken equally seriously. The amendment also creates a new category of ‘sex’ in hate crime legislation.
Simone Blake OBE, Stonewall CEO, said:
I am delighted that our campaign to equalise the punishment for anti-LGBTQ+ hate crime has been successful, a significant step forward for LGBTQ+ rights. In recent years, rising levels of hate crime against LGBTQ+ communities have been deeply concerning. Everyone deserves to feel safe to be themselves, without fear of harm.
With anti-LGBTQ+ hate crime now recognised as an aggravated offence, I hope this sends a clear message that there is no hierarchy of hate, and that crimes against LGBTQ+ people will be treated with the seriousness they deserve.
I am proud that Stonewall has played a key role in securing this change in the law, marking the first legislative change in Westminster for LGBTQ+ rights in over a decade.
Ben Kernighan, Galop’s Co-CEO, said:
At a time when the LGBT+ community is navigating an increasingly hostile environment, paired with the rollback of LGBTA+ rights across the globe, this long-overdue change in law is a welcome step in addressing the intensifying hate our community faces.
We know from our services that public life is becoming less safe for LGBTQ+ people in the UK, especially for trans+ people. This legislative change means LGBTQ+ victims and survivors will now be given the same protections and access to justice as other groups impacted by hate crime.
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