Aimee Fox
Concerns have been raised as homophobic hate crimes taking place on public transport have risen significantly, new figures have revealed.
In the last year, transport for London (TfL) recorded 2,974 hate crime incidents in 2023-24, compared with 2,217 in the previous 12 months.
But concerns have been raised that this is still not the full extent of the issue, as many homophobic attacks still remain unreported. One victim, Dan Harry, said he did not report his attack because he “doesn’t have a lot of faith in the authorities to find justice.”
He also said that despite the attack happening in a public place, nobody helped or said anything to him, which has “almost stayed with me more than the initial homophobia I experienced in the first place.”
He explained that the incident occurred after he went on a date at Kings Cross station, London.
“As I went on the escalator, I could sense three men were behind me and were trying to get my attention. I was trying to just ignore it.
“I get on to the platform, I could see they’d followed me and now they’re standing behind me and whispering things in my ear. Horrible, homophobic slurs.
“As the train was getting closer, I could feel them getting closer and closer to my back, and they were almost nudging me forward closer and closer to the platform edge.
“I remember feeling really scared and I didn’t know what to do,” he said.
“I just felt overwhelmed, I didn’t really know what to do, and from what I’ve heard from friends who have experienced similar things, I just don’t have a lot of faith in the authorities to actually find justice.
“However, if I could go back I absolutely would report it.”
Meanwhile, RuPaul’s Drag Race star Elektra Fence also said she has been the victim of homophobic attacks “numerous times” on London transport.
Speaking to the BBC, she said:
“It was Pride month, and I was getting off the escalator at London Bridge in full face, – which is drag make-up – and a gentleman got off the train and kicked me.
“He was also calling me homophobic names. I nearly tripped down the escalator.
“I thought, ‘I’ve got to report this, I’m fed up of these attacks, I’m fed up of seeing these attacks, of them happening to me, I’m fed up of all this hate crime’.
“I know one of my trans friends was spat at on the Underground, which is absolutely disgusting.
“Why would you do that to someone who is just living their life, being themselves, their authentic selves?”
The concerning rise in hate crimes on public transport has meant that specialised police teams have been deployed to crack down on incidents.
Team manager for the patrol, Aiden Costello, said he could see hate crime was increasing:
“Racially related hate crimes have gone up significantly since we’ve been out on the network.
“It’s the same with homophobic hate crimes – anything relating to the LGBTQ+ community.
“We take a zero-tolerance approach to any kind of hate crime on the network.
“The more reports that get put in, the more something can be done about it.”
What is a hate crime?
The Metropolitan Police defines a hate crime as “any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice” based on:
- A person’s race or perceived race
- Religion or perceived religion
- Sexual orientation or perceived sexual orientation
- Disability or perceived disability
- Transgender status or perceived transgender status
A hate crime is defined by the Crown Prosecution Service (CPS) as any crime if the offender has either:
- Demonstrated hostility based on race, religion, disability, sexual orientation or transgender identity
- Or been motivated by hostility based on race, religion, disability, sexual orientation or transgender identity
Types of hate crime
Hate crime can take three forms:
- Physical assault – Physical assault of any kind is an offence.
- Verbal abuse – This includes verbal abuse, threats or name-calling.
- Incitement to hatred – The offence of incitement to hatred occurs when someone acts in a way that is threatening and intended to stir up hatred. That could be in words, pictures, videos or music, and includes information posted on websites.
Claiming compensation for a violent hate crime
If you have been a victim of a hate crime, you may be entitled to claim compensation for the damages you have suffered.
Criminal Injuries Compensation Authority (CICA) awards compensation to those who have sustained an injury due to an act of criminal violence. However, as this is a government-run scheme there is a strict criteria you have to adhere to be successful in your claim.
By using a qualified solicitor, we can assist you in putting the best case forward to return the rightful compensation you are entitled to. We can also appeal on your behalf if we believe the offer for compensation is not as much as you should be entitled to.
We have broken down everything you need to know about claiming compensation from the CICA for a hate crime.
What is a Crime of Violence?
The CICA defines a ‘Crime of Violence’ as a crime which, by intention or recklessness, involves any of the following:
- A physical attack
- Any other act (or failure to act) of a violent nature which causes physical injury to a person
- A threat against a person causing fear of immediate violence
- Sexual assault
- Arson
What is a ‘Relevant Place’?
According to the CICA, to make a successful claim, the offence must have taken place in a relevant place – which means Great Britain.
However, some further niche areas fall under the CICA’s definition. This includes a British-controlled aircraft, a British-controlled hovercraft, or a lighthouse off the coast of Great Britain.
How long do I have to make a claim?
As a general rule, the crime must have taken place within the last two years to put in a criminal injury application to the CICA. There can be exceptions to this rule if, due to exceptional circumstances, the applicant could not have applied earlier.
If an applicant was a child under the age of 18 on the date of the criminal incident, they have until they turn 20 years old to submit a claim.
The Crown Prosecution Service (CPS) and the police have been known to tell an individual not to put in a claim to the CICA until after a criminal investigation has concluded however this can put you in severe danger of missing the pre-imposed deadlines that have been set.
Other CICA conditions I need to adhere to:
- The crime must have been reported to the police as soon as ‘reasonably practicable’
- The applicant must have fully co-operated with the police
- The applicant must fully cooperate with the CICA claims officer
How much compensation will I get?
The CICA calculates awards for criminal injury compensation using a tariff that contains provisions for both physical and psychological injuries.
It pays out on up to three injuries if each is so serious that they would qualify for individual awards, calculated as follows:
- 100% of the injury that achieves the highest compensation
- 30% of an injury that is worth either equal to the most serious injury or the second-highest compensation
- 15% of an injury that is worth either equal to the second most serious injury or the third-highest compensation
- There are also additional payments for losses that may be claimed, 3 are shown below with examples:
Common awards
- A fractured jaw bone resulting in ongoing problems. This would be valued at £3,500 and could rise to £6,200 if an operation had taken place.
- Facial scarring causes serious disfigurement. This could be valued up to £11,000.
- Injuries resulting in permanent tinnitus which is very severe can be valued at £16,500.
- Loss of teeth could be valued up to £3,500
- A permanent and seriously disabling psychological injury, with a potential value of up to £27,000.
- Loss of earnings
If your injury has caused you to miss a significant amount of work, then you may be able to claim for loss of earnings. If you have missed work for over 28 weeks, there is the option to add a claim for lost earnings to your CICA application.
You will be paid from the 29th week onwards that you have missed work and payments will be made via statutory sick pay rates. Supporting evidence must be provided from your doctor or employer to demonstrate that you were unfit for work for the length of time mentioned above.
- Special expenses
Special expenses, such as medical expenses and alterations to your household, that have arisen as a result of your injury may also be claimed for. These expenses must be reasonable and will not be available if you received them for free, e.g. through the NHS.
How to report a hate crime
There are a few different ways you can report a hate crime. We have broken down the options for you.
- Police – You can call 999 (emergency) or 101 (non-emergency), go in person at any police station, or report online.
- Third parties – Some hate crime victims may find visiting or calling the police stations daunting, so third parties are in place to overcome these barriers. Charities such as SAYiT and Stop Hate UK will be able to take details of the offence and contact the relevant police force on your behalf.
- Crimestoppers – If you want to pass details of a hate crime (or any other) offender but do not want to talk to the police, you can also call Crimestoppers on 0800 555111 or via their website at www.crimestoppers-uk.org. You do not have to give your name and what you say is confidential. It is free to call.
A note from Chronicle Law and Switchboard
Chronicle Law has previously worked with Switchboard— the national LGBTQIA+ support line— and we feel it is crucial to provide the details of their support line for you here.
At Switchboard we hear first-hand from members of our community impacted by the rise in homophobic and transphobic hate crimes. Many LGBTQIA+ individuals we speak with feel anxious about being visibly themselves in public spaces, fearing harassment or hostility. Some have experienced hate incidents firsthand, and while they want to seek justice, some feel hesitant to report these experiences, worried about whether they’ll be taken seriously by authorities or if their concerns will be minimised. From the conversations we’re having, there seems to be a growing concern about safety in the wider community, as many LGBTQIA+ individuals feel increasingly uncertain about whether public spaces are safe for them.
Our volunteers, who all identify as LGBTQIA+, are here to listen, support, and provide a space where these fears and experiences can be expressed. In challenging times like these, it’s important to know that no one has to face these concerns alone.
Switchboard’s support line is completely free, and available wherever people feel most comfortable – whether that’s on the phone, via chat or email. 10am-10pm every single day.
Phone: 0800 0119 100
Chat: www.switchboard.lgbt
Email: hello@switchboard.lgbt