Misogyny and misandry to become hate crimes

Wednesday 28 April 2021

The Home Affairs Minister has agreed to make misogyny and misandry hate crimes as part of an upcoming law.

Constable Len Norman’s decision to include sex as a protected characteristic in the Crime (Prejudice and Public Disorder) (Jersey) Law followed calls from islanders, local deputies as well as the Police.

The Government noted that there was “clear” support for sex to be considered as a protected characteristic in a consultation held about the draft law, which was conducted between in late 2019 and early 2020.

Police said they supported the change, given the statistics around gender-based crimes, particularly against women.

Several respondents also highlighted the need to offer additional protection to women who suffer harm from men.

Pictured: The police said they supported having gender as a crime of prejudice given the level of reports of gender-related crimes, particularly against women.

A report summarising the responses to the consultation noted the inclusion of sex or gender is a complex issue.

In Scotland, for example, leading women’s organisations were strongly opposed to adding gender to the hate crime law in favour of a standalone offence of misogynistic harassment.

“The past few years have seen the introduction of the modernised Sexual Offences Law 2018, and the development of a dedicated Domestic Abuse Law scheduled for 2021,” the report states.

“Assuming the States Assembly approves the Domestic Abuse Law, much of the harm directed by men towards women (which was the focus of the submissions) will be subject to specific legislation (although the offences in both Laws are or will be gender neutral, so will give wider protection)."

Pictured: The Home Affairs Minister, Constable Len Norman.

It continues: “The UK Law Commission published a consultation paper in 2020 seeking the views of professionals and the public on hate crime. One of the key questions was whether the law should be expanded to address ‘offences hostility based on characteristics such as sex and gender, being an older person or other characteristics’.

“The consultation paper concluded (in relation to gender) that ‘there is a strong in-principle case that can be made for inclusion given the wealth of evidence of targeting of women, and the additional harm that this causes’. However, it acknowledges, as do we, that in certain contexts such as domestic abuse and sexual offences, there is a risk that by using gender- based aggravation we could be ‘double counting’ insofar as a defendant’s culpability is concerned. This will need to be discussed with the Law Officer’s Department.”

The report goes on to say the Home Affairs department didn’t consider it would be reasonable to wait until the UK Government progresses its own legislation, which might not be until 2022. 

Based on the feedback from the consultation, as well as discussions with the Children, Education and Home Affairs Panel, the Minister has therefore decided to revise the Law prior to lodging to incorporate sex - in the terms advised by law drafters - as a protected characteristic. 

Deputy Louise Doublet welcomed the move, saying it followed weeks of “campaigning, questioning and discussions” . 

“This will have the effect of making misogyny a hate crime and will go some way towards addressing some of the awful treatment that a vast number of women experience from some men,” she wrote.

“The recent killing of Sarah Everard and the data published by the UN Safe Spaces Project - showing that only 3% of young women polled had never been sexually harassed in a public space - has raised awareness of these issues. 

“It is now time for Jersey to act. I am proud to say that we will be ahead of the UK in making this law change. There is still much more work to be done by us as a society to stamp out this behaviour and work towards a Jersey that is safe for men, women, children and all islanders.”