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Acts of Violence/Hate Crimes

The Ralph Civil Rights Act, Civil Code section 51.7, addresses the problem of racial, ethnic, religious and minority violence in California by providing civil and administrative remedies for those who are victims of violence directed against any particular class of persons. If you are a victim you can either file a private lawsuit in the appropriate court, or you can file a complaint with the Department of Fair Employment and Housing. If you chose to file a complaint with the Department of Fair Employment and Housing you must do so no later than one year after your Ralph Act rights have been violated.

The Bane Civil Rights Act protects people from continued violence or the threat of violence based on grounds such as race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability or position in a labor dispute. It also punishes persons responsible for such violence. If you believe you have a claim under this Act, you may wish to file a private lawsuit. The court may grant an injunction prohibiting further intimidating or coercive behavior against you. Any violation of this order is a misdemeanor and may result in fines or imprisonment. If a judgment is awarded in your favor in a private lawsuit, you may receive reasonable attorneys fees as well.

The law authorizes and encourages cities and counties to establish local human relations commissions to preserve peace among citizens of different races, religions, and national origins. If your community has such a commission, it will be listed in your telephone directory. You may wish to seek its assistance to address hate violence.

If you are a victim or a witness to any of the activities described by these statutes, contact your local police or sheriffs department. If criminal action is taken and you are a victim you may nevertheless pursue injunctive relief. The Bane Act provides that victims may pursue either civil remedies or criminal penalties or both.

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