The same way he would prove a "hate crime" -- by reading your mind. Here's a modern prosecutor hard at work...
intimidation based on bigotry or bias
how does a prosecutor prove bigotry or bias
Based on the direction the courts have been heading (no longer feel it necessary to show “criminal intent” to get conviction; stacking bogus charges with intent to make defense financially infeasible; seizure of cash/ freezing accounts ), the defender probably has to prove he didn’t.
The same way he would prove a "hate crime" -- by reading your mind. Here's a modern prosecutor hard at work...