Scotland looks at making misogyny a hate crime

The move emerged after Scots Lib Dem leader Jo Swinson told of her support for misogyny being classed as a hate crime in a TV debate.

Campaign groups such as Rape Crisis Scotland and the feminist organisation Engender have told High Court judge Lord Bracadale that he should consider new legislation that tackles misogynistic hate crime.

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The Equality and Human Rights Commission whose head John Wilkes is a member of the nine-member hate crime review advisory group, confirmed the move saying: “The issue of misogyny as a hate crime is something that Lord Bracadale is looking at just now as part of his review of Scottish hate crime legislation.

"Recent events in parliament, the film industry and at the Dorchester Hotel [for the Presidents Club Charity dinner] all remind us that misogyny remains a serious issue.

"We are looking to the Bracadale review to suggest the best way forward."

A Scottish Government source said: "It is looking at that along with a number of options."

Last month it emerged that a scheme that could lead to misogyny being made a hate crime with tougher sentences could be extended nationwide.

Nottinghamshire Police introduced the trial in 2016 in which it recorded incidents such as wolf whistling, street harassment, verbal abuse and taking photographs without consent as a hate crime.

Ms Swinson, the MP for East Dunbartonshire wants it to be rolled out across the country, saying that most women have experienced some sort of harassment in their daily life at some point.

"This is a hate crime that is directed towards you because you happen to be a woman," she said.

"For schoolgirls walking to school getting leered at, getting shouted at - that kind of harassment is happening on an everyday basis.

'We've seen three police forces that have started to count hate crimes, including misogyny. I think it's time it's extended more widely across the board."

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Sandy Brindley of Rape Crisis Scotland said it was not felt that Scots law effectively deals with online misogynistic harassment and abuse in particular..

She said new laws should be considered that dealt with misogyny that was malicious or aggressive.

"We believe that there is inadequate protection to deal with misogynistic harassment and abuse," Rape Crisis said in a review representation to Lord Bracadale.

"In our experience, the gap in the protection the law provides to women in Scotland relates to harassment, particularly online harassment, and incitement to hatred. It is in this area that we consider potential new legislation could be developed to provide real improvements in the protections offered to women in Scotland."

Ms Brindley said: "We say that misogyny should be considered as a hate crime.

"There is a gap there, not only for street harassment that Jo Swinson is highlighting but also particularly online harassment of women which is at epidemic levels and has a really chilling effect on women's activity online.

"Promotion of, and incitement to, the rape of women seems to be a common theme in the misogynist abuse experienced by women, particularly online."

Engender said in its representation that any new law should allow for penalties where where women experience "hate, bias, or harassment because of their sex or gender...."

They said it should include incitement to misogyny, so that acts that crowdsource domestic abuse or harassment of individuals by a distributed network are included.

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Campaign group Fathers4Justice called for the expansion of misogyny as a hate crime to include all sexist abuse, including misandry, the hatred of men.

F4J said Ms Swinson’s comments "risks stereotyping men as perpetrators and women as victims" F4J founder Matt O’Connor said: “Ms Swinson is right, but we must be clear to state that abuse has no gender and that men and women can both be victims and perpetrators of abuse.

“Men are very reluctant too report any kind of abuse because of the stigmas and shame attached to male victims and the absence of male support services.”

"We must make sure all victims of abuse have a voice irrespective of gender.”

Lord Bracadale is expected to make his recommendations to ministers over whether new categories of hate crime should be created for characteristics such as age and gender which are not currently covered later this year.

A Scottish Government spokesman said: “Intolerance and prejudice of all kinds are a constant threat to society and there is no place for this kind of activity in a modern Scotland."

** Ms Swinson later dealt with critics on Twitter by saying: "Harassment has real impact. It creates fear and intimidation, women don't know if it will stop at words or lead to worse. We can feel the need to change our routes home or to work, sometimes our clothes, just to feel safe. That's a restriction of our freedom."

To one critic she said: "We're asking not to have obscenities yelled at us in the street, to have our physical safety taken seriously, and you're heralding the end of humanity. But sure, women are hysterical."

She came under fire when she used the word “c**k” during a live BBC broadcast to make a point about vile language faced by young girls from sleazy men.

She apologised for offending the audience but said she needed the shock tactic to illustrate her argument.