Misogyny could be part of hate crime law: Yousaf

Misogynistic behaviour could be targeted in a revised hate crime law in Scotland, Justice Secretary Humza Yousaf has announced.

Addressing the SNP conference in Glasgow, Mr Yousaf said that a consultation to be launched in November on implementing Lord Bracadale's review proposals would seek views on a number of options, including an aggravation based on gender hostility as proposed by Lord Bracadale.

He added: “But we will also ask whether, separately, a specific offence targeting misogynistic behaviour could be an effective step in addressing this form of behaviour and the damage it does.”

A number of organisations have called for the law to go further than proposed by Lord Bracadale, and for the development of a standalone offence for misogyny – on the view that adding a statutory aggregation for gender hostility will not be helpful in tackling misogynistic behaviour. However in his report Lord Bracadale argued that the move risked turning sexist language and "most workplace discrimination" into criminal offences.

The Justice Secretary commented: “The Scottish Government is working with a range of partners – through education, legislation and enforcement – to tackle violence against women and girls, including challenging unacceptable attitudes and harmful behaviour.

“We must guard against a pervasive misogyny which, unchecked, impacts on the wider health, wellbeing and safety of our communities – breeding a culture where this type of harm is tolerated, sometimes even condoned – and as a result is allowed to continue.

“So there is a clear need for continued action to be taken to tackle gender-based prejudice and misogyny in Scotland, although there are different views on the specific actions needed.”

He affirmed that the Government was keeping “an open mind” on the best way to address behaviour motivated by misogyny.

Lord Bracadale recommended that all Scottish hate crime law be brought together in a single Act, with the addition of aggravations for gender and age-based hostility to those already in force. The Scottish Government has accepted the recommendation for consolidation.

Victim centred

Mr Yousaf is also to chair a dedicated task force to improve victims' experiences of the justice system.

The group will focus on delivering Scottish Government commitments in the 2018-19 Programme for Government. These include:

• reducing and, where possible, eliminating the need for victims to have to retell their story to different organisations;
• widening, following consultation, the range of serious crimes where the victim can make a statement to the court about how the crime has affected them;
• increasing the openness and transparency of the parole system;
• ensuring victims and their families have better information and greater support ahead of prison release arrangements;
• establishing a new support service for families bereaved by murder and culpable homicide; and
• improving the experience in the justice system of victims of rape and sexual assault.

Membership will include senior decision-makers from justice agencies and voluntary sector partners, including those who directly represent victims. The task force will hear evidence directly from victims on their experiences of the justice system.

Its first meeting will take place later this year.