New misogyny offences proposed in Scotland
New offences including stirring up hatred against women and girls and public misogynistic harassment have been proposed in a report published today by Baroness Helena Kennedy QC’s working group.
Justice Secretary Keith Brown has welcomed publication of the report on Misogyny and Criminal Justice in Scotland.
Mr Brown thanked Baroness Kennedy for her “exemplary efforts” and said the recommendations will now be closely considered.
The working group was set up to consider how the Scottish criminal justice system deals with misogyny. This included examining whether there are gaps in the law that could be addressed by a specific criminal offence to tackle such behaviour.
The group gathered oral and written evidence from a number of experts and stakeholders and from people with “lived” experience to determine what more we can do to deal with misogynistic conduct.
Mr Brown will now consider its recommendations of creating a Misogyny Criminal Justice (Scotland) Act containing a public misogynistic harassment offence; an offence of stirring up hatred against women and girls; an offence of issuing threats of, or invoking, rape or sexual assault or disfigurement of women and girls and a new statutory aggravation of misogyny.
Mr Brown said: “I would like to thank Baroness Kennedy for the hard work she and her working group have undertaken in the development of this report.
“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.”
The report states that a parallel between misogyny and misandry is “problematic” because “it is difficult to reverse the logic of the misogyny definition and to interpret abuse or harassment of men as upholding the primary status of women, a sense of female entitlement and the subordination of men”.
It adds: “It is equally difficult to see the harms of misogyny – the increased feelings of fear and threat, the need to undertake safety work within women as a group – as being similar to the harms deriving from instances of abuse or harassment of men.”