Would you consider this a hate crime

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So I (16NB) go to a public highschool in the south. Down here prejudice against queer, disabled, and POC people is pretty intense. Since I'm 2 out of the 3 it's been pretty rough. I have incredibly severe auditory sensory issues (whistling being the main trigger) which are so bad it can lead to meltdown and damage to myself and personal property.

People know this and find any way possible to trigger it because it's funny or something to cause someone severe pain I guess. IDK If they realize I am autistic because I don't have an aid like the other neurodivergent students and because other than social performance and reaction to sensory triggers it might be difficult for some people to tell. I did recently get ear defenders but they only muffle noise.

So the TLDR is; Is it a hate crime to intentionally trigger an autistic person's sensory issues, specifically after they tell you it physically hurts?

That's for the courts to decide.

It is, however, incredibly cruel. They may as well kick the crutches out from under someone just to watch them fall.

I don't believe that would meet the criteria of a hate crime, although you'll want to read your local laws for more insight.

It doesn't mean I wouldn't bang their face off of a urinal at the first opportunity. It's a shame when one of your bullies has a severe accident that you're the only witness to and they aren't able to clearly recall due to the head injury.

Well, if it's harming you then I'd much rather they didn't, and this bullying lark makes me angry. I don't see much point in trying to figure out whether or not it's technically a hate crime. I'm wary of the term. It seems to be some kind of legal term to justify extra punishment for offenses that come within its umbrella, but I'd prefer the law to confine itself to deciding the level of harm the offender is guilty of, and to a few other things too complicated to discuss here.

What is hate anyway?
"to dislike intensely or passionately; feel extreme aversion for or extreme hostility toward; detest."
https://www.dictionary.com/browse/hate

I doubt they hate you in that sense. They're probably just going through that sadistic phase that kids in some bad environments are allowed to express, and they've found what they think is an easy target. Not that I think that means you should defend yourself any less vigorously. Are your caregivers interested in helping you fix it?

To make it a hate crime, it would have to be discrimination on the basis of race, skin color, religion, national origin, sexual orientation, gender, or gender identity...it doesn't seem to apply precisely enough to ASD. If as you say, it is difficult to tell that you are neurodivergent it would make it even harder to prove. The law doesn't as yet cover sensory issues in or outside what is considered normal.

It would still be considered bullying by most standards.

There is bullying route you can go through if it happens in work / college.

If in society depends what they do

With sensory bullying- what is classed as “reasonable” and if it’s directly targeted at you? It’s reasonable for people to shout or play loud music during the day for example but not play heavy metal at 3am.

Maybe visit your local police for advice

I think the other posters have covered the legal aspects well.

Bullies operate by finding weaknesses in other people and using every opportunity to exploit these weaknesses to hurt their victims. There is a lot of emphases these days on the supposed bigoted motivation of the bullies. Many bullies are bigots, there is a link but not all bullies are bigots. Who bullies are most of all are sadists.

No, that's bullying.

Not a hate crime, but it's definitely very nasty bullying. The bullies need to be taught the error of their ways, one way or another.