Evidence is NOT the test when reporting a hate incident. The perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident, or in recognising the hostility element of a hate crime.–Police Service of Northern Ireland
From Belfast Telegraph Digital, December 14 2017
During Fransen’s appearance in the dock it was confirmed that she is to contest the charges against her.
The 31-year-old faces two counts of behaviour intending or likely to stir up hatred or fear by using words which were “threatening, abusive or insulting”.
The allegations relate to a speech made at a ‘Northern Ireland Against Terrorism’ rally at City Hall on August 6.
Police Service of Northern Island laws differ vastly from free speech laws in the United States (See US Supreme Court opinions and decisions on Hate Speech below):
WHAT IS HATE CRIME?
A hate and signal crime or incident will be recorded where it is perceived that the perpetrator’s hostility or prejudice against any person or property is on the grounds of the victim’s ethnicity, sexual orientation, gender identity, religion, political opinion or disability.
The impact of hate and signal crime can be long lasting and far reaching, going beyond the victim’s own experience and increasing fear in the wider community.
Our key priority is to ensure that the needs of all victims are a priority throughout the investigation process.
Hate crimes can take many forms, including:
- Verbal abuse/intimidation and harassment
- Physical assault which can include; punching, slapping, hair pulling, biting, burning hitting, choking or kicking
- Criminal damage to property
Evidence is NOT the test when reporting a hate incident. The perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident, or in recognising the hostility element of a hate crime.
It would not be appropriate to record a crime or incident as a hate crime or hate incident if it was based on the perception of a person or group who had no knowledge of the victim, crime or the area, and who may be responding to media or internet stories or who are reporting for a political or similar motive.