Policies of Anti-LGBTIQ Hate Crimes in Spain: Limitations, Challenges, and the Victims' Restoration

Over the last 50 years, dissident sexualities and identities diverging from the heterosexual and cisgender norm have transitioned from criminal persecution to the acknowledgement of rights. This shift means that within just 50 years people who did not conform to heterosexual and cisgender norms went from facing incarceration to witnessing those who perpetrate violence against them potentially receiving prison sentences. However, these legislative changes have not taken place without encountering resistance from more conservative perspectives. These changes have even faced criticism from progressive sectors claiming that the integration of hate crimes into the penal code has played a crucial role in shaping a modern punitive state and promoting homonationalism interests. Critics also argue that these measures have proven ineffective in diminishing violence against LGBTQ+ individuals and have not succeeded in instilling a heightened sense of protection for the LGBTIQ community and thus promoting the restoration of the victim. Indeed, the principle of victim restoration within the framework of the Penal Code has been scrutinized both from the perspective of anti-punitive feminism and queer criminology. The objective of this presentation is to analyze the knowledge, beliefs, and expectations of hate crime victims in Spain, aiming to contribute to critical theory on hate crime and to the formulation of reparative proposals that address the structural dimensions of violence and discrimination against LGBTQ+ individuals. This analysis will be based on semi-structured interviews conducted with twelve victims of anti-LGBTIQ hate crimes in Spain developed in the framework of LetsGoByTalking and Counter-Hate projects. Key findings include: (1) the imperative need to acknowledge the diversity of experiences and expectations among victims regarding responses from the ordinary judicial system; (2) the necessity of incorporating an intersectional perspective in the analysis of hate crimes and in strategies supporting victims; (3) the need to explore reparative mechanisms capable of transcending traditional judicial logics; and (4) the importance of revisiting the structural nature of violence against LGBTQ+ individuals beyond individual experiences to conduct a comprehensive analysis.