Note: This article has been edited to correct a previously published version.

A man charged with assaulting two lesbians outside an Oshawa school will not be charged with a hate crime, despite pressure from community agencies.

On Nov. 3, two women were physically assaulted and verbally abused just after classes let out at Gordon B. Attersley Public School.

Many children and parents witnessed the attack, including the women's 6-year-old son.

Another student's father was arrested at the scene and charged with two counts of assault causing bodily harm. If convicted, he could serve up to 10 years in prison.

Following the attack, Anji Dimitriou and Jane Currie used a Facebook group to tell their stories. The couple received an outpouring of support from the community and members of the group staged a rally in Oshawa to demand the charges be elevated from an assault to a hate crime.

Police said although the attack was disturbing and offensive, it did not meet the narrow definition of a hate crime. Specifically, the attack did not advocate genocide and there was no clear evidence the man incited others to join him in the attack.

"Any act of violence should not be tolerated by our society, especially violence in plain view of children," said police chief Mike Ewles. "In instances of this nature, we are obliged to consult with the Crown Attorney and we will not lay a charge unless the evidence supports a charge."

Mark Scott, 44, of Oshawa, is scheduled to appear in court on Jan. 8.

Scott's lawyer, Mark Jacula, said in a recent news release that his client, who is black, has been a victim of racial and physical abuse.

"The truth surrounding this incident will come to light. The parties responsible will be held accountable for the racially motivated and unprovoked attack he suffered."

Durham Regional Police investigate 20 to 25 incidents involving hatred each year. Few of them meet the definition of a hate crime.