Hate Crimes : A discourse analysis of hate crimes legal cases

Hate crime is a collective name for criminal acts committed due to the offender’s prejudice or hate against an individual or a group of people. There is no explicit legal definition of “hate crime” in Swedish criminal law, but in 1994 a rule called “straffskärpningregeln” has been introduced, primarily to combat racist crime and protect vulnerable groups in society. The rule means that all types of crime may constitute hate crimes if the motive is to aggrieve a person or group of people because of race, colour, ethnic origin, creed, sexual orientation or similar circumstance (Penal Code 29 chapter 2§ 7p).The aim of this essay is to study and investigate how the Swedish judicial system handles hate crime cases, but also to describe constructions of crime victims and discuss perpetrator’s motives. In order to gain a better understanding of hate crimes in the Swedish context, the ideal victim theory has been applied. With the use of critical discourse analysis, I have identified three different discourses. The results of my study are among other findings that the Swedish legal system need to make visible how “straffskärpningregeln” is applied. The perpetrator paints a stereotypical picture of “the others” by categorizing themselves as “we” and the others as “them” and thereby constructing differentiated categories.