The author(s) shown below used Federal funding provided by the U.S. 

Department of Justice to prepare the following resource: 

Document Title: Bias Crime Assessment: A Tool and 

Guidelines for Law Enforcement and 

Concerned Communities 

Author(s): Vera Institute of Justice 

Document Number: 252011

Date Received: August 2018 

Award Number: 2015-R2-CX-0037

This resource has not been published by the U.S. Department of 

Justice. This resource is being made publically available through the 

Office of Justice Programs’ National Criminal Justice Reference 

Service. 

Opinions or points of view expressed are those of the author(s) and 

do not necessarily reflect the official position or policies of the U.S. 

Department of Justice.
BIAS CRIME ASSESSMENT

A Tool and Guidelines for Law Enforcement 

and Concerned Communities

Vera Institute of Justice

2018

Research informing the Bias Crime Assessment Tool (BCAT) and Guidelines was supported by Award No. 2015-R2-CX-0037, 

awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. The opinions, findings,

and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect those 

of the U.S. Department of Justice. The BCAT has been reviewed by other hate crime experts. The tool complements, and does 

not necessarily replace, other administrative documentation on hate crime victimization that may currently exist. Additional 

specialized training about hate crime and victim-centered services is recommended for law enforcement agencies and 

concerned communities to document hate crime optimally. Users of the BCAT are encouraged to access additional information 

about local resources and hate crime laws, which vary across jurisdictions in the United States. For more information on the 

research that informs this tool, please see www.nij.gov. 

BIAS CRIME ASSESSMENT -- GUIDELINES FOR USING THE BCAT 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
1 

ABOUT THESE GUIDELINES 

The Bias Crime Assessment Tool (BCAT) and Guidelines aim to improve reporting of hate incidents 

and crimes. Informed by research, this tool is intended to be used in a wide range of settings by schools, 

law enforcement, victim assistance specialists, community and civil rights advocates, health care 

providers or social service agency staff who may be responsible for identifying and responding to victims 

of hate. The BCAT has two parts: Part 1 is short and meant for quick assessments; Part 2 is more in-depth. 

UNDERSTANDING BIAS (OR HATE) CRIME

People often use the terms hate crime or bias crime interchangeably and we will do so here. Hate crimes 

are any criminal offenses motivated by bias, hostility, or prejudice against a protected class. Protected 

classes under federal law are disability, ethnicity, gender, gender identity, national origin, race, color, 

religion, sexual orientation, and in some states, political affiliation. The kinds of legally protected classes 

vary from state to state.1

 Depending on jurisdiction a crime may or may not be considered a hate crime. 

Hate incidents do not involve criminal behavior. For example, it is not criminal to yell racial slurs. This 

and other types of bias-motivated behavior is offensive and may provide important evidence of bias 

motivation in subsequent criminal cases. Thus, hate incidents are an important part of the hate crime 

landscape to be identified and responded to as a serious matter. All hate crimes involve bias-incidents, but 

not all bias incidents constitute a hate crime.

The key factor related to identifying hate-based crimes or incidents is differential selection of a victim. 

Bias has to be a factor—in whole or in part, depending on jurisdiction—in determining who the target of a 

crime is. Bias is not necessarily the source of a conflict, but it may escalate the conflict. It may be that the 

victim of a hate incident does not actually have the characteristic assumed by the perpetrator—that is, it 

could be mistaken identity—but such an offense is still motivated by hate and should be identified as a 

hate incident or crime. 

Motivation is rarely clear-cut when people are victimized. As we know, it is common for a hate crime 

incident to have a bias motivation, such as anti-Latino sentiment, and a non-bias motivation, such as 

monetary gain; a case like this is often referred to as having “mixed motives.” It is also common for a bias 

motivation against a legally protected class to be mixed with bias against extralegal characteristics such as 

social class, age or immigration status. For example, a worker who is perceived to be an immigrant may 

be targeted and robbed when walking or riding a bicycle home from work. Other crimes such as wage 

theft and labor trafficking may also overlap with bias crimes. Evidence of selection based on race, gender 

or other protected categories is sufficient to identify a bias crime even when other motivations or factors

are present. 

BASIC PRINCIPLES FOR IMPROVING BIAS CRIME REPORTING 

Recognizing that responding to bias motivated behavior in the form of incidents and/or crimes should be 

done in a manner that promotes human dignity and justice, people reporting any hate incident should be 

treated seriously and respectfully. To improve hate crime reporting, research suggests that:

1 For information on states’ hate crime laws and comparisons with federal laws, see http://hatecrimehelp.com. 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
2 

• Respecting victim perception of bias can be as important as determining offenders’ intent.

2

• Responding to bias incidents can matter as much as identifying bias crimes.

• Understanding extra-legal factors can be as relevant as focusing on legal factors.

• Hate crimes impact not only individuals, but also entire communities.

THE PURPOSE OF THE BIAS CRIME ASSESSMENT TOOL

The BCAT can be used whether or not victimization seems to be a result of a hate incident or a hate 

crime. To determine whether a full assessment is appropriate, the BCAT begins with brief screening 

questions. If answered affirmatively, the assessor should proceed to gather information from the victim. 

Part 1 of the BCAT collects basic information that first responders generally require. Part 2 allows a 

more in- depth assessment useful for investigation, follow-up and case management with the victim. 

When appropriate, conducting an assessment can help identify victims of hate crimes and help victims

obtain the protection and services they need. If victims feel confident in the process, valuable testimony 

and other evidence also can be collected to advance prosecution and bias crime prevention efforts. 

TIPS FOR USING THE BCAT 

Before using the BCAT with potential victims of hate incidents or crimes, ensure that the victim is 

physically safe and that they feel safe and comfortable answering the questions. Confidentiality protocols 

and the benefits of reporting should be clearly discussed at the beginning. Agencies using the assessment

tool may need to develop protocols on sharing information about identified hate crime victims. Users of 

the BCAT should be prepared to draw upon the expertise of local prosecutors, legal service providers, and 

victim assistance staff to refer victims to appropriate services in their area. 

Effective interviews with crime victims depend upon building trust and asking questions appropriately.

Interviewers should be comfortable working with victims, sensitive to their needs, and aware that victims

may be suffering from the effects of potentially traumatic experiences. 

Reducing fear

Victims of hate incidents and crimes tend not to report the offenses for various reasons. Victims often 

accept the occurrence of hateful incidents as “normal” and, unfortunately, may not trust law enforcement 

or other authorities to take them seriously. They may be afraid to report an incident or crime if they have 

been threatened with harm, and therefore have reasonable fears of the perpetrators. They also may fear 

police or immigration authorities with whom they have had negative experiences in the past. To help allay 

fear before starting the assessment, the following techniques for working with victims are recommended: 

• Offer reassurance. You might say, “We are here to help you. Your safety is our first priority. You

have a right to live here without being a victim of hate. If you have any concerns about reporting,

I’d like to attend to them before proceeding.”

• Hold the interview in a safe place. Do not meet with a victim in sight of the offender.

• Allow anonymous reporting if that allows the victim or person reporting to feel more secure.

2 The weight given the victim’s perception of motivation varies across jurisdictions. However, no matter where a hate incident 

occurs, a victim’s’ perception is valid information to acknowledge and record.

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
3 

• Ensure that the person reporting understands the rights of victims. Emphasize that protection from 

hate crime applies to U.S. citizens and non-citizens alike.

3

 

• Be sensitive to the victim’s fears. Victims are often afraid of retribution, and have a sense of shame 

as a result of being a victim of a hate incident or crime. 

• Be aware of gender, sexual orientation4

 or cultural concerns. Ask if victims are comfortable being 

interviewed by you. If not, ask if they wish to be interviewed by someone else (e.g. of the same 

gender or culture). 

Developing trust 

Victims of hate incidents and crimes need to feel respected before they divulge personal experiences that 

may revive fears, shame or psychological distress, or place themselves or their families in jeopardy. 

Assessors should first try to establish rapport, then turn to the formal assessment questions when the 

victim feels confident in proceeding with the report. As good assessors know, ways to instill trust include: 

• Being respectful of the person reporting. Acknowledge that hate incidents are harmful. 

• Stating your purpose clearly when you ask questions. Maintain an attentive, professional attitude. 

• Being clear that hate incidents and crimes are wrong. Do not make them seem normal or expected. 

• Not implying that a victim is to blame. They are not responsible for their victimization. 

• Recognizing that many victims are not familiar with hate crime laws, protections, or services. 

• Expressing knowledge of other bias-related cases so that the victim does not feel alone, but also 

recognizing that each case is unique and the victim’s own feelings are important. 

• Provide language assistance or a trustworthy interpreter if requested.5

 

• Allowing the victim ample time to talk. Give them a chance to ask questions and tell their story. 

• Reflecting the victim’s story back to them, without interpretation, to show them you are listening 

and to ensure you are accurately following their story. 

• Showing that you will take the report seriously. Describe steps that may be taken after the report. 

Understanding trauma 

Hate crime victims have often endured profound physical and psychological injuries that may impede the 

efforts of law enforcement, attorneys and victim service providers to gather facts. Below are important 

points about trauma and victimization to remember when interviewing victims of hate incidents: 

• Express sympathy for what has happened to the victim. Do not appear judgmental. It is often 

helpful to say simply, “I’m so sorry this happened to you.” 

 

3 Exceptions may apply to victims who have outstanding deportation orders, who lack the same legal protections. When 

immigration enforcement efforts are stepped up, fear of the risks associated with reporting crime victimization also increases. 4

For some definitions of gender-related terms, see: https://www.apa.org/pi/lgbt/programs/safe-supportive/lgbt/key-terms.pdf 5 For practical information about how law enforcement works effectively with interpreters, please see: 

https://www.vera.org/projects/translating-justice/learn-more

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
4 

• Be sensitive to whether a victim is emotionally stable and feels able to talk. If they show distress, 

ask if they would prefer to suspend the interview until they feel able to continue. 

• Be aware that answering questions about bias-related incidents may be very difficult for victims, 

and cause humiliation or shame, especially when bias incidents are violent. 

• Minimize the potential for re-traumatization by ensuring the victim is comfortable talking about 

the incident with you. Avoid asking them to repeatedly describe disturbing events if possible. 

• Be prepared to offer information about counseling and other services if the victim expresses

interest in getting additional help. 

• Some people’s reactions to previous trauma may impede an assessor’s ability to establish rapport 

and obtain a coherent narrative. This is not necessarily a reflection of a victim’s credibility, but 

rather evidence of the serious impact of a traumatic experience. Assessors can learn to recognize 

common signs of trauma, which may include hyperarousal, avoidance, distrust, flat affect or 

memory problems. When in doubt about how to help a victim, consult a mental health specialist.6

Maintaining confidentiality 

Maintaining confidentiality is imperative when working with people who have reason to think that their

safety may be at risk. Assessors should: 

• Discuss with the victim or person reporting when and how confidentiality will be maintained. 

• If working with an interpreter, ask them to sign confidentiality agreements. 

• When applicable, refer victims to other service providers who can maintain confidentiality. 

• If advisable to protect others who may be affected, share only necessary information. 

Additional considerations 

Victim testimony is of course crucial for successful prosecutions. However, many hate crime victims have 

had past negative experiences with law enforcement or other authorities and may be reluctant to report. 

Law enforcement can use a victim-centered approach to encourage and support victims to come forward, 

which can help to strengthen an investigation. Using a victim-centered approach can build trust between 

victims and authorities. Officers who are able to assess hate victimization effectively are aware that: 

• Conventional police interrogation techniques may be experienced by victims as aggressive or 

insensitive, and result in victims being less responsive to questions and to appear less cooperative. 

Respectful dialogue that does not treat them as criminals, and tactfully acknowledges their

victimization, builds trust. This approach can ultimately facilitate cooperation in an investigation. 

• Perpetrators of hate crimes may use accusations about immigration status to threaten foreign-born 

victims, who fear immigration consequences as a result of contact with law enforcement. Some 

immigrant victims can obtain a U visa and associated benefits at the discretion of authorities if 

 

6 For more information about implementing a trauma-informed approach to victims, please see: SAMHSA’s Concept of 

Trauma and Guidance for a Trauma-Informed Approach. HHS Publication No. (SMA) 14-4884. Rockville, MD: Substance 

Abuse and Mental Health Services Administration, 2014. https://store.samhsa.gov/shin/content/SMA14-4884/SMA14-4884.pdf

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
5 

they fully cooperate in criminal investigations, which can be a complex, difficult process. There is 

no guarantee that a cooperative victim will obtain a U visa.

7

 

• Meaningful follow-up with the victim is crucial to instill confidence in the reporting process. To 

the extent possible, information about progress in investigations or other case outcomes should be 

shared with the victim. In some instances, sharing information about incidents or crime with the 

affected community can increase public safety and cooperation between law enforcement and 

community members. 

• Enlisting victim specialists and other service providers helps to meet victims’ needs, and therefore

allows victims to be of more assistance to the authorities during investigations or prosecutions. 

Although there is no certainty that victims can access benefits, providing information about health 

or other services may be helpful, even if the incident is not considered a crime. 

BCAT IMPLEMENTATION

• BCAT users should determine how to best integrate this assessment tool with other regular 

procedures of their organization, as each agency has a unique mission and may have existing 

protocols in place. Ideally, the BACT is complementary and part of a larger suite of best practices.

• Interviewers should familiarize themselves with the questions in advance and avoid reading them 

in a mechanical manner. Questions may be re-phrased to ensure the victim’s understanding. 

• If the screening questions suggest that doing a full BCAT assessment is advisable, assessors 

should be as thorough as possible even if bias victimization is uncertain. Hate crimes are complex 

and often occur in conjunction with other forms of discrimination or victimization.

THE BCAT SECTIONS

The BCAT should be completed if the answers to the initial screening questions suggest that a hate 

incident or hate crime may have occurred. The screening questions are quick indicators of possible bias, 

but not a shortcut to gathering evidence. It will be necessary to continue with questions in many cases. 

First and foremost is ensuring that the victim or the reporting person’s safety concerns are being addressed 

before proceeding. The BCAT is comprised of two parts: Part 1 is essential and should be used for all 

intakes when the screening questions are answered affirmatively. Part 2 is useful for more comprehensive 

assessments and may be especially helpful in case management, victim assistance, planning and case 

review. Short descriptions of the sections follow: 

 

7 The U nonimmigrant status (U visa) is set aside for victims of certain crimes (including immigrants) who have suffered 

mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of 

criminal activity. Congress created the U visa with the passage of the Victims of Trafficking and Violence Protection Act in 

2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of 

domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have 

suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the 

investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims 

of crimes, but its use is limited in local practice. See: https://www.uscis.gov/humanitarian/victims-human-trafficking-othercrimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
6 

PART 1

Intake information. This section records basic information about the assessor and person reporting. 

Types of hate incidents and crimes. More than one type of crime can occur as part of a single incident or 

series of incidents. Types of hate incidents may include discrimination, verbal harassment, downgraded or 

denial of services or attention, or cyberbullying, which is increasingly common. Hate crimes may include 

threats to harm, robbery, sexual assault, vandalism, physical attacks or other acts. It is important to 

document incidents such as discrimination, including downgraded or denied services or attention, because 

they can be indicative of behavior patterns that set the tone for commission of hate offenses. 

Details of the incident: date, time, location and what occurred. This includes essential facts and

whether the incident happened during a routine activity, religious holiday or at a public event. These 

contextual details build evidence and contribute to the proper assessment of hate motivation. They may

also reveal patterns that impact crime prevention and public safety. Evidence can take the form of one or 

more of the following: name calling or derogatory slurs, threats of violence; cyberbullying; acts, gestures 

or symbols such as graffiti or signs; property damage, and hate speech. If appropriate given the details of 

the incident, the assessor should probe for evidence of offenders’ affiliation or sympathies with hate 

groups as well as for any similar past incidents. 

Identity Markers. Identity markers are often indicators of bias. They are features of identity as reported 

by the victim, who believes that these characteristics explain the offender’s reason for targeting them. 

Identity markers typically include disability, ethnicity, gender, gender identity, national origin, race, color, 

religion, sexual orientation. A person’s identity may combine more than one of these features, all of which 

may be important in obtaining an accurate picture of bias motivation. Identity markers also may include 

other “extra-legal” features such as age, appearance, social class, language spoken, association with 

people or places who have these characteristics, the perception that someone has these characteristics, or 

any combination of these. For example, a person who is seen at an ethnic business may be targeted 

because of assumed religious identity. Bias against a person’s national origin is implicated in targeting 

someone because of their perceived immigrant status. Especially in the absence of other apparent 

motivations for a crime, these characteristics may indicate that the perpetrator was motivated by bias. 

Offender characteristics. Offender characteristics are important to document to solve crimes, and 

possibly for crime prevention. Hate crime offenders often strike in groups and are often strangers, but are 

sometimes known to the victim. Offenders may even be authority figures or service providers. 

Witnesses or bystanders. This information can aid in understanding victims’ sources of help and suggest 

who may be engaged in providing supporting evidence. 

Victim’s perception of intent and impact of offence. The victim’s perception of the offenders’ intent is 

a legitimate way to build evidence and is critical for understanding what motivated the offence, which is a 

key to determining if a bias crime occurred. Documenting victim impact also contributes to relevant 

criminal evidence of threat and harm, and reassures the victim of a genuine interest in responding.

Conclusion of Part 1. The likelihood of hate crime victimization depends upon the totality of 

information gathered. At the end of Part 1, an assessor should use their own judgement to provisionally 

determine whether a bias crime has occurred, and what the appropriate next steps should be. The

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
7 

assessment and follow-up may be discussed with a supervisor. If the assessor decides against proceeding 

with Part 2, an explanation for the decision to stop should be given. 

PART 2

Victim narrative. Optimally, in depth bias crime assessment should include obtaining a detailed narrative 

statement from the victim, including details about the sequence of events, how the incident unfolded, how 

it affected the victim, if there are any ongoing needs for protection or services, and inquiry into any 

barriers to timely reporting that could be addressed. 

Prior incidents and community concerns. Some victims have been repeatedly targeted. Moreover, 

similar prior incidents may be indicative of ongoing hate crime problems that need to be addressed to 

prevent recurrence and escalation of hate crimes in the community. Documenting such patterns can 

ultimately help build evidence for investigations, improve reporting, and promote community education. 

Victim assistance and additional action plans. The assessor should be able to provide the victim with

information and referrals to victim assistance specialists or other service providers. The assessor also 

should be able to provide the contact information of specific law enforcement personnel who will follow 

up with the victim to share information about progress and case outcomes. 

Incident review / performance measures. These items are included in the assessment process to promote 

long-term improvement in reporting and institutional responses to hate crimes. 

See the following pages for the Bias Crime Assessment Tool →

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
8 

BIAS CRIME ASSESSMENT TOOL 

INITIAL SCREENING QUESTIONS 

1. Did you feel unsafe or threatened? _____yes _____no Do you feel unsafe now? ____yes ______ no 

2. Why do you think that this happened to you? ____________________________________________ 

3. Do you believe this incident happened to you because of your identity, appearance, or your 

association with others who have a particular identity? _____yes _____ no (If yes, please describe) 

__________________________________________________________________________________ 

4. Do you think that bias or hate was part of the other person’s motivation? ______yes _______no 

5. Did the offenders call you names or use derogatory language in your presence? ____yes ____no 

If the person answers YES to two or more of these questions, proceed with Part 1 below. Proceed only 

when the victim or person reporting feels safe enough to continue. 

PART 1

INTAKE INFORMATION

Place of assessment: __________________________ Date: ____________________________________ 

Assessment done in person ___ by phone____ Assessment done by: ____________________________ 

Title: ____________________________Contact information: _________________________________ 

Person reporting the incident:

________Victim reporting directly

________Witness reporting 

_______Third-person (family, friend, employer)

_______Community organization, other advocate 

Victim wishes to remain anonymous at this time ________yes ________no _________undecided

Name of victim or person reporting (if given): _____________________________________________ 

Address and phone number (if given):____________________________________________________ 

_____________________________________________________________________________________ 

Confidentiality or safety concerns of person reporting, if any:

_____________________________________________________________________________________________

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
9 

TYPE(S) OF INCIDENT(S) CHECK ALL THAT APPLY 

More than one type of bias offence may have occurred during a single incident. Check all types of 

incidents reported. If multiple incidents occurred over time, attach a written description of the events. 

______Discrimination 

______Verbal harassment 

______Downgraded services or attention

______Denied services or attention 

______Cyberbullying/Internet harassment

______Denial of religious accommodation 

______Intimidation/obstruction of movement 

______Threat to harm

______Use of force/harm/threats at work 

______Robbery 

______Sexual assault 

______Vandalism of property 

______Physical attack 

______Wage theft 

______Other (please specify below) 

______________________________________ 

Have there been previous incidents similar or related to this one? _____yes _______no 

DETAILS OF INCIDENT

DATE of the incident/crime _______________TIME of day/night? ____________________________ 

If incident occurred during a routine activity, a public event or a religious holiday, please describe: 

____________________________________________________________________________________ 

LOCATION of incident CHECK ALL THAT APPLY

_____On my way to work/home

_____In my home 

_____Right outside my home 

_____At someone else’s home 

_____On the internet, social media or text 

_____At a current or former workplace 

_____At a place of worship

_____In a school, college or university 

_____In or near a hospital or clinic

_____In an airport/on a plane 

_____On public transportation, at bus stop or parking lot 

_____Other public location (street, park, ethnic store, mall)

_____In or around a bar, pub restaurant or nightclub 

_____At a movie theater or other place of entertainment 

_____Don’t know/don’t remember

_____Elsewhere (please specify)_________________ 

WHAT OCCURRED before, during or after the incident CHECK ALL THAT APPLY

______Name-calling, slurs, derogatory speech 

______Threats of violence (spoken or written) 

______Cyberbullying (text, email or social media)

______Acts/symbols/graffiti/posted signs

______Intimidation (e.g. blocking the sidewalk) 

_______Property damage

_______Other physical evidence at the scene 

_______Hate speech/hate literature nearby

_______Similar past experiences 

_______Other evidence (specify ) _____________ 

Note: Details of what occurred may be described more fully in the narrative section

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
10 

IDENTITY MARKERS CHECK ALL THAT APPLY

What about the victim’s identity might be the reason for being targeted? 

 To elicit accurate information, assessors might ask “Why do you think you were targeted?” and 

“How would you describe yourself?” 

It is important to ask about the victim’s view of themselves, and not make assumptions about a 

person’s identity that may be incomplete or inaccurate. Some identity markers in the list below (e.g. 

immigrant status) are not legally protected classes, but are relevant extralegal factors indicating bias. 

Remember that multiple forms of identity may be combined.

____Age

____Race 

____Ethnicity/Country of Origin

____Immigration status 

____Sexual Orientation 

____Sex/Gender (Other than Transgender)

____Gender Identity (Cis-,Transgender, Non-binary or Gender fluid) 

____Gender Expression 

____Dress and Appearance

____Language spoken, Accent or Manner of Speech

____Religion 

____Social Class 

____Mistaken Identity/Assumed By Offender 

____Association with Places or People with Certain Characteristics

____Learning Disability Or Impairment Status

____Mental Health Status 

____Physical Disability Or Impairment Status

____Political Orientation

____Other (Please Specify Below) 

OFFENDER(S) CHARACTERISTICS 

Number _________only one ________two or more (estimate number) ____________________________ 

Sex _______________male __________female ________ other ________________ 

Estimated ages __________________________ Race/ethnicity _________________________________ 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
11 

Who was /were the offender(s) in relation to the victim? CHECK ALL THAT APPLY

_____Stranger(s)

_____Acquaintance(s)

_____Family member(s)

_____Current spouse/partner 

_____Former spouse/partner

_____Friend(s)

_____Employer/employer’s associates 

_____Coworker(s) / Supervisor(s) 

____ Classmates/other students 

____Teacher(s) / professor(s)

____Law enforcement 

____Security guard

____Social or health service provider(s) 

____Do not know/ do not remember

____Other (please specify below) 

_______________________________________ 

WITNESSES / BYSTANDERS 

Were there witnesses or bystanders? ____yes ____no 

If yes, who were they in relation to you / the victim? CHECK ALL THAT APPLY

_____Stranger(s)

_____Acquaintance(s)

_____Family member(s)

_____Current or former spouse/partner

_____Friend(s)

_____ Employer/employer’s associates

_____Coworker(s) / Supervisor(s) 

____ Classmates/other students 

____Teacher(s) / professor(s)

____Law enforcement or security guard

____Social or health service provider(s) 

____Do not know/ do not remember

____Other (please specify below) 

______________________________________ 

VICTIM’S PERCEPTION OF INTENT AND IMPACT OF OFFENCE 

What makes you / the person reporting believe this incident was motivated by bias? 

_____________________________________________________________________________________ 

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________ 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
12 

How did this incident make you / the victim feel? (e.g., anxious, threatened, afraid for self or others) 

_____________________________________________________________________________________ 

_____________________________________________________________________________________

_____________________________________________________________________________________ 

Were you / the victim injured? ______yes ______no Did you need medical attention? ____yes ____no 

If so, what medical attention was received, if any? 

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________ 

Note: The assessor should REVIEW THE INFORMATION provided up to this point with the victim or 

person reporting to ensure that no relevant information is missed or recorded incorrectly. 

CONCLUSION OF PART 1: TO BE COMPLETED BY THE ASSESSOR ONLY 

Based on the information provided in your professional judgement, 

Do you think what has been reported is a CRIME? _________yes __________no ________uncertain 

Do you think what happened was BIAS MOTIVATED? ________ yes ________no________ uncertain

Please explain why, or what factor was most compelling in your determination. 

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________ 

_____________________________________________________________________________________

_____________________________________________________________________________________ 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
13 

What follow-up actions would you recommend? 

____Review case with supervisor

____Continue assessment (Part 2) 

____Engage a translator to continue 

____Contact relevant law enforcement 

____Contact prosecutor’s office 

____Research similar incidents to check for 

patterns in the community/workplace/school 

____Contact witnesses 

____Confer with relevant community organization 

____Refer to victim specialist 

____Refer to health or social service provider 

____Address safety concerns (specify below) 

______________________________________ 

If you decide NOT to proceed with BCAT Part 2, please explain your reasons for not continuing. 

____Insufficient Evidence

____Insufficient Time

____More Investigation Needed 

____Person Reporting Declined To Continue 

____Person Reporting Postponed Interview 

______Victim Needs Medical Attention

______Victim Needs Other Supportive Services 

______Other (Please Specify)

_________________________________________ 

_________________________________________ 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
14 

PART 2

CONTINUE the bias victimization assessment when more detail or victim assistance is needed. Allow the 

victim or person reporting an opportunity to take a break before providing a narrative statement. You may 

use the questions suggested below to guide the conversation. 

VICTIM NARRATIVE ATTACH ADDITIONAL PAGES IF NEEDED

Assessor: Ask the person reporting to describe what happened in as much detail as possible: 

Can you tell me, in general, what happened? Why do you think this happened to you? 

 What about your identity do you think was the most important reason you were targeted? 

Prompts: How did the incident begin? What did the perpetrator say? What happened next? 

Had something like this happened before? Did you, or anyone else, try to stop the incident? 

What was its impact on you? Have you felt any long-lasting effects? 

What help would you have liked to receive that you did not receive? 

What made you decide to report the incident? If you delayed reporting, why was that? 

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________ 

_________________________________________________________________________

Is there anything else about this event that you can tell me to help me understand it? 

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
15 

PRIOR INCIDENTS AND COMMUNITY CONCERNS FOR CASE REVIEW

Had any similar incident happened to the victim before? ____yes _____no 

If yes, please describe the prior incident. 

_____________________________________________________________________________________ 

Were the same offenders involved before? ______yes _______no______ maybe 

____________________________________________________________________________________ 

Was it reported? _______yes __________no 

If yes, who reported? _________________________________________________________________ 

To whom was it reported? _____________________________________________________________ 

What was the outcome of that report? _____________________________________________________ 

Note any other relevant history, previous patterns of similar incidents, or ongoing community concerns: 

____________________________________________________________________________________ 

_____________________________________________________________________________________

_____________________________________________________________________________________ 

VICTIM ASSISTANCE AND ACTION PLANS

 

Contact information of law enforcement provided to person reporting: 

_____________________________________________________________________________________

_____________________________________________________________________________________ 

Concerns for victim safety noted _________yes __________no If yes, specify actions taken: 

_____________________________________________________________________________________ 

Information or referrals requested: 

_____________________________________________________________________________________

__ __________________________________________________________________________________ 

Referrals provided (e.g. to local law enforcement, counseling, health services):

_____________________________________________________________________________________

_____________________________________________________________________________________ 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.
16 

INCIDENT REVIEW / PERFORMANCE MEASURES 

In the interests of improving reporting, victim support, public safety and crime prevention, assessors, 

supervisors and others addressing bias incidents may want to perform a second tier review of cases, or 

develop performance measures if they are in a law enforcement agency. The following questions would be 

a starting point for review. 

PRIOR INCIDENT AND REPORTING PATTERNS

• Was this incident/crime part of a series of similar or related incidents?

• Had the victim experienced a similar incident before? 

• Had the victim tried to report previously? 

• If the victim report to the police, what actions were taken? 

• If the victim did NOT report to the police, what barriers did they face? 

(E.g. fear, lack of trust, language proficiency) 

• What other help did the victim need? 

• What investigation or follow up should have occurred? 

• How would you recommend that incident/crime reporting be improved? 

SUGGESTED PERFORMANCE MEASURES FOR LAW ENFORCEMENT

Measuring BCAT use and follow up by the agency: Many law enforcement agencies use a check box or 

other means of flagging a case that might be bias or hate motivated. Dividing the number of BCAT tools 

completed by cases that are potentially bias related would provide a percentage of cases where the BCAT 

is used. This would be an important indicator of thorough follow up steps being taken when responding to 

hate crime.

Measuring improved reporting: An agency could track changes in the percentage of cases with unreported 

prior incidents over time to see if it declines as a result of improved outreach to victims. This is 

information taken from two questions asked in the BCAT: If the respondent answers “yes” to the 

following “Had any similar incident happened to the victim before?” and “no” to the follow up question, 

“Was it reported?” then there is evidence that cases are not being reported to police in a timely fashion. 

This resource was prepared by the author(s) using Federal funds provided by the U.S. 

Department of Justice. Opinions or points of view expressed are those of the author(s) and do not 

necessarily reflect the official position or policies of the U.S. Department of Justice.