Sometimes people can become victims of hate crimes just because they have some form of association with a person, group or organization that has a certain characteristic towards which the perpetrator has a bias.

In some cases, the perpetrator may choose a victim because of the latter’s association with a person or a group that has a characteristic towards which the perpetrator has a bias. This could also happen where a victim has an association with a certain organization, institution, or similar establishment towards which the perpetrator feels bias.

It should be considered a hate crime where a victim does not actually possess the characteristic in question, but it is clear that the perpetrator caused harm because of the victim’s association with a person or a group that has such a characteristic.

In Bulgaria some cases of an attack against victim that has not the specific characteristic, but they have some form of association with such person may not be recognized as hate crimes and this depends on the specific wording of the offense. For example, the association in the crimes homicide and bodily injury if the crime is committed based on racist or xenophobic motives is irrelevant. In other cases (like usage of violence or damaging someone’s property because of their race, nationality, ethnic origin, religion or political views) the court may decide that the victim should possess the pointed characteristic otherwise the offense does not fall under the provisions of the Criminal Code.

example The perpetrator uses violence against a woman married to a foreigner, whilst shouting racist slurs.

example A security guard at a Jewish community centre is attacked while walking home after work. The perpetrator followed the guard and aimed to hurt anyone who was associated with the community centre.

It should be noted that such crimes are generally not aimed at specific victims on a personal basis, but rather the whole community which possesses a common characteristic. Hate crimes are committed as a way of sending a message to not only the victim, but also to the larger community of which that victim is a member. Thus, the offense is more serious than an offense without a biased motive.

Resources

Last updated 17/07/2023