SCOTLAND is set to become the first part of the UK to identify sexist and ageist comments as hate crimes amid a backlash from women's activists who claim the move will fail to tackle “epidemic levels of misogynistic abuse”.
High Court judge Lord Bracadale has recommended harsher penalties should be issued to perpetrators of crimes aggravated by abuse of gender and age, in a landmark report commissioned by the Scottish Government.
He made the recommendation as part of an independent review of hate crime legislation – submitted to Scottish ministers who are now likely to support the findings – which also controversially suggested new laws to tackle offensive behaviour at Scottish football matches are not needed.
READ MORE: Making offences against women and the elderly 'hate crimes' is not the best way forward
However, women’s groups have branded the proposals “disappointing”, and called for a standalone hate crime of misogyny to battle the rising tide of sexual harassment and abuse – particularly online.
In a joint statement, Scottish Women’s Aid, Rape Crisis Scotland and Engender said experts on violence against women were “conspicuously missing from Lord Bracadale’s advisory group”.
They said: “Other nations and states have found that simply adding gender to a laundry-list of groups protected by hate crime legislation leads to underreporting, under-investigation, and under-prosecution. We don’t want a law that languishes unused, giving impunity to perpetrators.”
Hate crimes are offences motivated by hatred or prejudice towards a particular aspect of a victim’s identity – whether this is their race, religion, disability, sexual orientation or transgender identity.
Lord Bracadale said hostility based on a person’s gender and age should also be included, raising the prospect of harsher penalties for offenders who commit crimes motivated by, or demonstrating, ageism and sexism – including words uttered in the heat of the moment.
The review was announced in January last year by legal affairs minister Annabelle Ewing, and was tasked with examining whether existing laws are adequate.
Lord Bracadale said: “In a civilised society people should be able to live together, respecting one another and treating each other fairly, regardless of differences.
“Hate crime legislation will not achieve that alone. But a clear, well defined and implemented scheme does have a fundamental contribution to make.”
READ MORE: No new anti-sectarian laws for Scottish football, judge recommends
Plans to make ageism and sexism hate crimes were considered 15 years ago, but were considered unenforceable by police.
Scottish Labour MSP James Kelly, who campaigned to repeal the Football Act, called the findings “a major blow for SNP ministers” who argued scrapping the legislation would leave a gap in legislation.
However, Lord Bracadale recommended new offences covering the stirring up of hatred should be brought in, and pointed out the Football Act had provided for this in relation to football matches and religion.
The judge looked at whether new hate crime laws are needed, whether current laws are appropriate and consistent, and if they need to be simplified or rationalised through a single hate crime act.
Women’s groups pushed for a standalone offence targeting misogyny, but Lord Bracadale said this could create cross-over with existing laws and “risks causing confusion”.
Sandy Brindley, chief executive of Rape Crisis Scotland, said women and girls are facing “epidemic levels of misogynistic abuse, online, in the streets, on public transport and in our schools”.
She added: “We think there is a need for a bolder approach to considering how the law can better protect women’s rights.”
Ms Ewing said she agreed with Lord Bracadale’s finding that Scotland’s hate crime laws should be consolidated into a single piece of legislation.
READ MORE: Making offences against women and the elderly 'hate crimes' is not the best way forward
She said: “The Scottish Government will use this report as a basis for wider consultation with communities and groups across the country on how to bring forward new legislation that is fit for the 21st century.
“We have been consistently clear that legislation alone will not achieve the inclusive and equal society that we aspire to, however the laws passed by Parliament do form a clear basis for what is and is not acceptable in the communities we are elected to serve.
“We will continue to work with communities across Scotland to build trust and understanding and, wherever possible, prevent hate crime from happening in the first place.”
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