There is no statutory definition of a homophobic or transphobic incident. However, when prosecuting such cases, and to help us to apply our policy on dealing with cases with a homophobic or transphobic element, we adopt the following definition: “Any incident which is perceived to be homophobic or transphobic by the victim, or by any other person
Copied the above from that CPS schools project thing.
What a load of bollocks!
Can you imagine any other crime being defined like this? Oh, there’s no legal definition of murder, burglary, rape, etc but if someone perceives that there’s been a murder, burglary or rape then that’s all that counts!
I think you misunderstand. A crime has to have happened first - the murder, rape, burglary, or in Posie’s case - allegedly - malicious communications, and then it can be defined as a ‘hate’ crime. The CPS define racist and religious crime in the same way - if the victim or any other person perceives the incident to be racist. Sadly, misogyny or sexism is not yet considered a hate crime.
www.cps.gov.uk/legal-guidance/racist-and-religious-crime-cps-prosecution-policy
Importantly, in that guidance, CPS states: ‘Not all racist or religious incidents are criminal offences’. The criminal offence has to have happened first.