Hate crimes: some theoretical considerations and their possible application to the South African context

Abstract

Criminal conduct motivated by bias or prejudice towards certain personal characteristics of the victim is also referred to as ‘hate crime’. Hate crimes were first recognised as a separate category of criminal conduct in the United States of America (US). Most of the present research relating to hate crime is consequently of US origin although there is a growing body of research that is of British origin. This Anglo-Saxon bias is apparent in the theoretical underpinnings of hate crime which have been the subject of academic criticism and disagreement. This article examines the theoretical underpinnings of hate crime and attempts to apply the theory to the South African context where, despite the non-recognition of hate crime as a specific category of criminal conduct in South African law, the term ‘hate crime’ enjoys some academic and intellectual usage.