While a great deal of attention is often paid to the abstract issue of hate crimes, the fact remains that very few people are able to define exactly what a "hate crime" is, or would know what to do if they found ourselves the victim of one.

What a "hate crime" is depends upon what state you live in, because each state defines the term differently. In Pennsylvania, a hate crime does not have to be a physical attack on another person. It can be a variety of different, everyday crimes, including stalking, attempted physical attack in which you are not actually hurt, and property crimes such as arson or criminal mischief.
What makes a crime into a "hate" crime in Pennsylvania is the motivation that the perpetrator has for committing the crime. If police and prosecutors think that they have enough evidence to prove that someone committed a crime because of bias, then they will, in addition to charging the criminal with the original crime, also charge the person under the state’s hate crimes law. The hate crime charge is always one degree higher in severity than the most severe underlying crime. This can mean that the system treats the crime more seriously, and can also mean harsher penalties for a hate criminal.

In December 2002, Pennsylvania’s hate crimes law, called the “Ethnic Intimidation Act,” was amended to include crimes committed against people because of their actual or perceived gender identity or sexual orientation. This means that a criminal who commits a crime against someone in Pennsylvania because he or she thinks that the victim is of a particular gender identity or sexual orientation can be prosecuted under the law.

So, if you are a victim of an anti-LGBT hate crime, what should you do?

First and foremost, report the crime to the police. When making the report, make it clear that the crime was bias-motivated. Tell the officer if anti-LGBT slurs were used against you, and make sure that the officer puts those slurs into the police report.

Second, document everything that happened to you. If you were hurt, go to the doctor or hospital and obtain records of your visit. Take pictures of your injuries. If your property was damaged, document the value of what was damaged, and photograph the damage. Obtain the names and phone numbers of witnesses who may be willing to come to court and testify on your behalf.

Third, follow up. Call the police department where the crime occurred. Make sure that the department is aware of the fact that the crime was bias-motivated. If you are dealing with the Philadelphia Police Department, ask if your case has been referred to the Conflict Prevention and Resolution Unit, a special unit of the Police Department responsible for responding to hate crimes. If not, call that unit directly and explain your situation.

Last, know your rights. All crime victims in Pennsylvania are entitled to have criminal proceedings explained to you, and may also be entitled to financial assistance to reimburse you for certain crime-related expenses. Victim assistance service centers are available throughout Pennsylvania to help crime victims navigate the criminal justice system and obtain services to which they are entitled. Click on the link below to visit the Pennsylvania Commission on Crime and Delinquency’s website. The link will give you a complete list of victim assistance service centers throughout Pennsylvania.

http://www.pccd.state.pa.us/pccd/cwp/view.asp?A=3&Q=572988

For more information on hate crimes:

Hate Crime Statistics: The National Coalition of Anti-Violence Programs documents anti-LGBT hate crimes throughout the country in a yearly report. Equality Advocates contributes statistics for Pennsylvania to the report. Click on the link below to review these reports.

http://www.ncavp.org/publications/default.aspx

Philadelphia Resources:

Philadelphia District Attorney’s Office Hate Crimes Information Page: http://www.phila.gov/districtattorney/FAQ/Hate_Crimes/hate_crimes.html
(Please note that this page has not been updated since the inclusion of sexual orientation and gender identity in the state’s hate crimes law.)

Philadelphia Commission on Human Relations: This organization can assist Philadelphians who are having non-violent conflicts with their neighbors.
http://www.phila.gov/humanrelations/

Philadelphia Police Advisory Commission: This organization investigates complaints of police misconduct. Contact the PAC if a Philadelphia Police officer has either mistreated you, or has failed to treat you seriously when you attempted to report a crime. http://www.phila.gov/pac/