Scotland proposes adding sex to hate crime legislation

The Scottish Government is consulting on draft regulations to add ‘sex’ as a characteristic to the Hate Crime and Public Order (Scotland) Act 2021.

If approved, the regulations would make it a criminal offence to stir up hatred against women and girls, as well as men and boys, because of their sex.

Courts would be able to treat crimes motivated by hatred of someone's sex as aggravated offences, which are considered more serious.

This would mean sex would have the same legal safeguards available under the Act as groups targeted by hate crime because of their age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.

A consultation is open until 10 October.

Justice Secretary Angela Constance said: “We must send a strong message to victims, perpetrators, communities and wider society that offences motivated by prejudice and hatred against women and girls will not be tolerated.

“Adding the characteristic of sex to the Hate Crime Act will ensure that women and girls have the same protections as victims who are targeted because of a specific characteristic, such as age, religion or disability. Men and boys will also be protected, however, we know that women and girls suffer significantly more from threats, abuse and harassment based on their sex, so they are likely to benefit most from these new legal protections.

“This will add to a range of general laws that can be used to prosecute aspects of misogynistic harassment and abuse. However, criminal law reform alone cannot eliminate abuse against women and girls, or the attitudes which perpetuate it; men must play an active role in identifying, challenging and changing the misogynistic and negative attitudes and behaviours that underpin the abuse of, and violence against, women and girls.”