LGBTI-phobic Incidents in Spain: Beyond Hate Crimes

Abstract

According to official statistics, in 2017 there were 272 hate crimes in Spain on the grounds of sexual/gender orientation/identity, which means an increase from 2016. Nevertheless, there is an important, invisible rate of incidents which are LGBTI-phobic that don't match the criminal offences requirements, so they aren't shown in the official data.A recent research developed by the FELGTB reveals 629 LGBTI-phobic incidents reported by different associations.This unrecorded rate is intended to be rescued by using the concept “incident”, which would also include any kind of behavior that involves an assault in a wide meaning. These kinds of attacks outside of the Criminal Code are as harmful as the ones inside it, so a regulation that protects the victims is needed. However, Spain does not have a state law on it so far, so the autonomous regions are addressing this issue. So, depending on the location, the solution would be different, which means a clear inequality but also an added vulnerability and legal uncertainty. Thus, this paper aims to show a general view of the phenomenon based on victims’ profile and incidents’ features in order to give visibility to this situation and highlight the significance of an intervention by the Government.