Homophobic Hate Crime - CATLING LJ - 140

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Detective Superintendent Lee J. Catling Homophobic Hate Crime (Bullying)

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Diversity & Fairness Strategy Board Force Consultation Groups: IAG GLBT Ethnic/Minority Group Disability Diversity & Fairness Delivery Group Gender Action Group Fairness Action Group Gypsy & Traveller Action Group Consultation & Engagement Action Group Immigration & Asylum Action Group Minority Ethnic Action Group Disability Action Group Religion & Belief Action Group Hate Crime & Incident Action Group Lesbian, Gay & Bisexual Action Group Kent Police Framework

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What’s Wrong? Homophobic Bullying is endemic in British Schools Four in five secondary school teachers say they are aware of verbal homophobic bullying One in four secondary teachers is aware of physical homophobic bullying Just 6% of British schools have fully inclusive anti-bullying policies which address homophobic bullying

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What Impact Does This Have on Students Education? Lesbian and gay pupils are more likely to leave school at 16 despite achieving marks that merit continuing with their education Two in five say they fear that bullying will continue if they stay Three in four bullied lesbian and gay young people say they feign illness or play truant to escape the impact of bullying The effects of homophobic bullying are not limited to lesbian, gay and bisexual young people. An educational culture where homophobic bullying exists can effect anyone singled out as different. A culture where any sort of bullying exists makes schools unsafe for everybody.

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Bullying: Definition Working Together to Safeguard Children 11.39 Bullying may be defined as deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for those bullied to defend themselves. It can take many forms, but there are three main types: Physical (e.g. hitting, kicking, theft) Verbal (e.g. racist or homophobic remarks, threats, name calling) Emotional (e.g. isolating an individual from the activities and social acceptance of their peer group)

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Working Together to Safeguard Children 11.40 The damage inflicted by bullying can frequently be underestimated. It can cause considerable distress to children, to the extent that it effects their health and development or, at the extreme, cause them significant harm (including self harm). All settings in which children are provided with services or are living away from home should have in place rigorously enforced anti-bullying strategies.

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Bullying: Definition Bullying can include: Teasing or name calling, hitting and kicking, or stealing and damaging another persons things. Spreading rumours, ignoring someone, cruel text or email messages, being picked on because of race, religion, sexuality, disability or just seeming different. Being bullied breaks down a persons self confidence, leaving them feeling alone, scared and powerless. Schools can be seen as places to fear rather than places to enjoy…

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The current scourge – cyber bullying MSN ‘Messenger’ Text YouTube.com bebo.com Myspace.co.uk Buses Trains

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Bullying: Definition Another definition: Crime!

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Hate Crime & Incidents A Hate Incident is defined as: Any incident, which may or may not constitute a criminal offence, which is perceived by the victim or any other person, as being motivated by prejudice or hate. A Hate Crime is defined as: Any hate incident, which constitutes a criminal offence, perceived by the victim or any other person, as being motivated by prejudice or hate.

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Types of Crime Protection from Harassment Act 1997 2 years Public Order Act 1986 10 years Offences Against the Person Act 1861 Life Malicious Communications Act 1988 5 years Communications Act 2003 5 years Obscene Publications Act 1959 & 1964 2 years Criminal Damage Act 1971 10 years Section 146 Criminal Justice Act 2003 requires the court to consider disability or sexual orientation hostility as an aggravating factor when deciding on the sentence for any offence

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Malicious Communications Act 1988 – Section 1 This legislation makes it a criminal offence to send an electronic message (e-mail) that conveys indecent, grossly offensive, threatening material or information that is false;or is of an indecent or grossly offensive nature if the purpose was to cause a recipient to suffer distress or anxiety.

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Communications Act 2003 – Section 127 Sending by means of the Internet a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or sending a false message by means of or persistently making use of the Internet for the purpose of causing annoyance, inconvenience or needless anxiety is guilty of and offence liable, on conviction, to imprisonment. This wording is important because an offence is complete as soon as the message has been sent: there is no need to prove any intent or purpose.

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Criminal Justice System Reprimand Final Warning – referral to YOT – rehabilitation programme Charge – Criminal Court appearance

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Human Rights Act 1998 – Rights & Freedoms The Human Rights Act 1998 came into force on 2nd October 2000. The HRA 1998 incorporates into UK law the; European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). These rights can be found in Schedule 1 of the HRA 1998. All Public Authorities must act in compliance with the convention rights (Section 6 HRA 1998) and all legislation must be interpreted to comply with them.

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Human Rights Act 1998 – Rights & Freedoms There are two rights which are of particular assistance to a bullied child or young person who fails to obtain protection against bullying: Article 3 of the ECHR states: No one shall be subjected to torture or to inhumane or degrading treatment or punishment Article 8 of the ECHR states: Everyone has the right to respect for his private and family life, his home and his correspondence

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Responsibilities The Children Act 2004 and ‘Every Child Matters’ place a duty on all agencies to make arrangements to safeguard and promote the welfare of children and young people. Schools and Further Education Institutions have a duty to safeguard and promote the welfare of pupils under the Education Act 2002. They should create and maintain a safe learning environment for children and young people and identify where there are child welfare concerns and take action to address them in partnership with other organisations where appropriate.

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Not Criminalising Young People The Debate: In dealing with alleged offences involving a child victim, the police should normally work in partnership with children’s social care and/or other agencies. While the responsibility to instigate a criminal investigation rests with the police, they should consider the views expressed by other agencies. There will be less serious cases where, after discussion, it is agreed that the best interests of the child are served by a children’s social care led intervention rather than a full police investigation.

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Consequences: MASLOW Self Actualisation needs Self Esteem Needs Love & Belongingness Needs Safety Needs Physiological Needs

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Consequences: Allports Scale Antilocution Avoidance Discrimination Physical Attack Extermination

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Relational conflict vs Bullying Happens occasionally Repeated, hurtful behaviour Accidental Deliberate Equal power Imbalance of power Remorseful No Remorse Effort to solve problem No effort to solve problem

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Conclusion Underreporting – the real challenge! Intelligence – understanding the problem/benchmarking True Vision – www.report-it.org Kent Homophobic Incident Report Line Third Party Reporting – how/when/where/who Engaging children & young people in the solution Children's Trust – commissioning services for children and young people

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Chief Constable’s Vision “We will work with partners to create a safe environment for everyone in Kent, where the public feel protected by a visible and accessible police service, displaying a sincere commitment to reducing crime and disorder”

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Consequences:Consequences: Consequences: Consequences: Consequences: Useful contacts: Anti-Bullying Alliance (ABA) – www.ncb.org.uk/aba/ Advisory Centre for Education – www.ace-ed.org.uk BBCi online – www.bbc.co.uk/schools/bullying/ Beatbullying – www.beatfullying.org Childline – www.childline.org.uk Children’s Legal Centre – www.childrenslegalcentre.com Department for Education and Skills – www.dfes.gov.uk/bullying/ Kidscape – www.kidscape.org.uk The NSPCC – www.there4me.com Parentline Plus – www.partentlineplus.org.uk