Proposed misogyny offences go out to consultation
Proposals for new offences against women and girls, including misogynistic harassment and behaviour, have been put out to consultation today buy the Scottish Government.
They are based on the recommendations made by the Working Group on Misogyny led by Baroness Helena Kennedy. This concluded that the harmful effects of misogyny meant women and girls required new protection through the criminal law.
Under the proposals, current laws against misogynistic abuse would be expanded to include threatening, abusive or sexual behaviour directed towards women or girls – because of their gender – which is likely to cause them to feel degradation, humiliation or distress.
It would also be used to tackle situations where women or girls are subjected to threatening or abusive messages about rape, sexual assault or disfigurement – either in person, or online, and against stirring up hatred against women and girls. Misogyny would also become an aggravation of other offences.
Justice Secretary Keith Brown commented: "Baroness Kennedy’s report was stark in its assessment of the level of misogyny that exists in Scotland. Women and girls are routinely humiliated, touched, groped, undermined, trolled and objectified both online and off, and subjected to threats, harassment and abuse about their looks or desirability – stopping them from fully participating in society.
"Although there are already a range of laws that can be used to prosecute aspects of misogynistic harassment and abuse, these do not accurately identify the particular harm caused by misogyny. They also fail to adequately respond to problems faced by women, which is why we are consulting on further criminal reforms.
"And while criminal law reform alone cannot be expected to eliminate misogynistic abuse, or the attitudes which perpetuate it, these specific criminal protections are an important step in challenging society’s – and particularly men’s – tolerance of misogyny."
Find the consultation here. Responses are due by 2 June 2023.