Prejudice or hatred increases the severity of crime.
It is an aggravating factor and can occur as part of any crime. It makes crimes more serious because they impact the broader community as well as the specific victim.
Victoria Police takes prejudice motivated crime very seriously.
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Prejudice motivated crime
A prejudice motivated crime is any crime motivated by bias or hatred towards a person or a group. This crime would be because of the victim’s actual or perceived characteristic/s.
These might be:
- religion
- race
- sex
- age
- disability
- sexual identity
- gender identity
- homelessness
- political activity.
It doesn’t matter if the person has one of these characteristics. What matters is the perpetrator is targeting the victim because they believe the victim belongs to a group, which has one of these characteristics.
Prejudice motivated crimes:
- undermine community harmony
- reduce people’s perception of safety
- make people feel isolated.
Crimes motivated by prejudice can harm:
- the victim
- family and friends
- other vulnerable groups.
Forms of prejudice motivated crime
Any crime may be motivated by prejudice, for example:
- Obscene, threatening, insulting, abusive words and behaviours
- this may involve name calling or threats referencing one of the characteristics above.
- Physical assault and violent behaviours, including:
- hitting
- punching
- pushing
- slapping
- kicking
- beating
- assault with weapons
- rape
- murder
- or threaten to do any of the above.
- Damage to property:
- offensive graffiti
- desecration of graves or places of worship
- vandalism to cars
- smashing windows
- arson.
- Harassment:
- making false complaints
- stalking
- persistent phone calls
- emails
- texts
- Hate mail:
- distributing offensive leaflets or posters
- threatening letters or other material delivered either by hand or via the postal system.
- Online targeting:
- hate messages/posts targeting individuals or members of a minority group.
These crimes are prosecuted under a range of laws, including Racial and Religious Tolerance Act 2001(opens in a new window), Crimes Act 1958(opens in a new window) or Summary Offences Act 1966(opens in a new window).
Regardless of what law applies, the most important thing is for the crime to be reported to police.
Example of a prejudice motivated crime
A vehicle is spray-painted with 'kill all Asians’. The graffiti was motivated by prejudice because the perpetrator believed the owner to be Asian.
The crime is property damage. The motivation behind that property damage makes this a prejudice motivated crime.
Prejudice motivated incident
A prejudice motivated incident doesn’t meet the threshold of a crime.
Like prejudice motivated crimes, prejudice motivated incident target the actual or perceived characteristics of the victim. They affect more than the target of the abuse.
Example of a prejudice motivated incident
A taxi driver refuses to take a man because he is Aboriginal. The actions of the driver were motivated by prejudice but were not of a criminal nature.
This incident should be reported to the Victorian Equal Opportunity and Human Rights Commission(opens in a new window) (VEOHRC).
Racial and religious vilification
Racial or religious vilification is when a person incites:
- hatred
- revulsion, or
- ridicule
of another person because of the other person's race or religion.
It is against the law and we investigate and prosecute these crimes. VEOHRC(opens in a new window) can also help.
Nazi symbols and gestures
It is a criminal offence to intentionally display or perform Nazi symbols or gestures if:
- you know, or should reasonably know, that the symbol or gesture is supporting Nazi ideology
- the display is in a public place or in public view
- your display does not fall within one of several exceptions in the new laws.
It is also an offence to refuse to follow police direction to remove a Nazi symbol or gesture from public view.
Nazi symbols include the Nazi Hakenkreuz, and other symbols used by the Nazi party.
Nazi gestures include the salute, a common gesture used by the Nazi party. The arm is extended out in front of the body with the hand flat and palm down.
More information on the laws criminalising the public display of Nazi symbols and gestures, including information on permitted uses, is available on the Victorian Government website.
Reporting to police
We know many people do not report prejudice motivated crimes or incidents to police. This makes it difficult for police to investigate and prevent the crimes from recurring.
If anyone is in immediate danger, a crime is currently occurring, or you require police attendance please call police on Triple Zero (000).
When there is no immediate danger:
- report property damage motivated by prejudice (including graffiti or vandalism) by:
- submitting an online report
- calling our Police Assistance Line on 131 444
- contact your local police station, or
- submit an anonymous online report through the Crime Stoppers Victoria website(opens in a new window), or call 1800 333 000.
If you think the event is motivated by prejudice, please contact police.
We will investigate and determine if a crime has been committed.
If there has been no crime, you can consider civil action through the Australian Human Rights Commission(opens in a new window) (AHRC) or VEOHRC(opens in a new window).
Police will still take a report of the incident.
Community Liaison Officer support
We understand that for some people attending a police station can create stress and anxiety or may be difficult due to accessibility needs. If this applies to you, please contact your Community Liaison Officer.
While Liaison Officers will not actively investigate the matter, they will provide support throughout the reporting process.
Making a civil complaint
Civil complaints of vilification are different from criminal complaints of vilification.
You can contact the AHRC(opens in a new window) or VEOHRC(opens in a new window) for information.
Australian Human Rights Commission (AHRC)
Civil complaints about racial hatred under the Commonwealth Racial Discrimination Act 1975(opens in a new window) can be lodged with the AHRC(opens in a new window).
You can contact the AHRC for more information, via:
GPO Box 5218
SYDNEY NSW 2001
Complaints Infoline: 1300 656 419
Email: complaintsinfo@humanrights.gov.au
Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
Complaints about racial and religious vilification under the Victorian Racial and Religious Tolerance Act 2001(opens in a new window) can be made to the VEOHRC(opens in a new window).
More information about vilification can be found at Racial and religious vilification(opens in a new window).
Phone: 1300 292 153 or (03) 9032 3583
Interpreters: 1300 152 494
TTY: 1300 289 621
National Relay Service, Call the Helpdesk on 1800 555 660
Email: enquiries@veohrc.vic.gov.au
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