Kennedy report calls for new misogyny offences
Three new criminal offences, along with a statutory misogyny aggravation, are recommended in the report of the working group on Misogyny and Criminal Justice in Scotland under Baroness Helena Kennedy QC, published today.
The group recognises that misogyny – which it defines as prejudice, malice and/or contempt for women – is not in itself a crime, since "hate itself is not a crime, much as we would like to drive hateful thinking out of our lives". Its report is not about "punishing people for thought". However "harmful conduct which has its roots in misogyny should have consequences".
Its proposed statutory misogyny aggravation would be available for offences which are not misogynistic by definition, such as assault, criminal damage or threatening behaviour. Domestic abuse already has an aggravation which can be applied; and rape and other sexual offences are already grave in nature "not least because of the misogyny involved": if the justice system is failing women, it is because of misogynistic attitudes that permeate the system, the report states.
The three new offences that should be enacted along with the aggravation are:
- stirring up hatred against women and girls, to parallel the "stirring up" offence in th Hate Crime and Public Order (Scotland) Act 2021;
- public misogynistic harassment, to cover the current "epidemic levels" of misogynistic abuse and harassment; and
- issuing threats of, invoking, rape or sexual assault or disfigurement of women and girls online and offline, "to stop the weaponising of sexually violent language".
"All the recommendations made in this report are intended to fall squarely within the limitations permitted by international human rights law", Baroness Kennedy writes. "If enacted, they must also be applied in practice in a way that respects individual human rights."
Justice Secretary Keith Brown thanked Baroness Kennedy for her "exemplary efforts" and said the recommendations would be closely considered.
He commented: "This is an extremely important piece of work to help inform policy to address the many forms of violence, transgression and abuse experienced by women which may emanate from misogyny and is a milestone in making our society safe, equal and fair. It is clear to me that to achieve true equality we must continue to think about our messaging and how men's attitudes to women can be effectively challenged to make women feel safe when going about their everyday lives.
"We welcome the working group’s report on its findings and recommendations and will now carefully consider those before publishing our response in due course.
"We are absolutely clear that women and girls should not experience any form of harassment, abuse or violence, which is why we set up this independent working group and it is fitting its findings were published on International Women’s Day."