The State Prosecutor in Viborg has appealed the Odense court’s ruling regarding an assault on three homosexual men to the High Court. The appeal seeks to determine if the assault qualifies as a hate crime.

The decision to appeal, announced in a press release from the prosecution on Tuesday, comes after four boys were initially indicted in the Odense court for the September assault.

During the initial trial on June 24, two of the boys were acquitted, while the other two were found guilty of aggravated assault but not of committing a hate crime.