Ministers to reject making misogyny a hate crime

Law Commission warns that extending definition would prove ‘more harmful’ to victims of violence against women and girls

The Government is 'carefully considering' a new offence of street harassment that would criminalise the verbal abuse of women
The Government is 'carefully considering' a new offence of street harassment that would criminalise the verbal abuse of women Credit: Neil Hall/EPA-EFE/Shutterstock

Ministers are to reject making misogyny a hate crime because it would be counterproductive and harmful to victims, Priti Patel will tell MPs on Monday.

But the Home Secretary will say the Government is "carefully considering" a new offence of street harassment that would criminalise the verbal abuse of women, pestering and persistent cat-calling or making lewd comments.

The Home Office stance is based on a Law Commission report which warned that extending hate crimes to cover misogyny would prove "more harmful than helpful" to victims of violence against women and girls.

The commission warned that prosecutors would need to prove a "hate crime" occurred as part of another offence, such as rape, making it harder to prosecute sexual offences and domestic abuse. Instead, it suggested a new offence of public sexual harassment would be a more effective way of protecting women against violence.

Ms Patel will use a letter to MPs on Monday to say that the Government will therefore oppose a Lords amendment to the Government's Police, Crime, Sentencing and Courts Bill that would make misogyny a hate crime.

It sets up a Commons clash with at least 20 Tory backbench MPs and Labour when the Bill returns to the Commons next week.

‘We cannot allow a law to pass that is counterproductive’

Rachel Maclean, the Home Office minister, said: "There is no excuse for abuse and I have been clear that I will do everything I can to prevent sickening attacks against people based on their sex and gender.

"However, the Law Commission has been clear that making misogyny a hate crime could make the prosecution of sexual offences more difficult and hinder efforts to tackle hate crime more broadly. Alternative options to criminalise misogyny were also found to have little material impact and would not address the most harmful crimes affecting women and girls.

"That is why we cannot allow a law to pass that is counterproductive and even harmful to victims of domestic and sexual abuse. We owe it to these women and girls to ensure the law protects them and not their abusers."

Priti Patel's stance sets up a Commons clash with at least 20 Tory backbench MPs and Labour
Priti Patel's stance sets up a Commons clash with at least 20 Tory backbench MPs and Labour Credit: AFP via Getty Images

The commission found that excluding domestic abuse and sexual offences from being designated as a hate crime would result in only "tokenistic" change because it would exclude the most serious offences that frequently cause great harm to women and girls.

It also noted that the exclusion of these offences risked suggesting they are not rooted in misogyny and would treat sex/gender unequally to other characteristics in the scope of hate crime laws, such as race or religion.

The Government will also reject amendments for two new specific offences relating to "sex for rent", arguing that there are already measures in place to combat it. It will consult on whether these are adequate.

It will also oppose an amendment imposing a duty of candour on police officers when they give evidence to public inquiries, as it says there are already legal duties that cover it.

‘Buffer zones’ could be created by councils 

However, ministers will accept new powers for local councils to set up immediate "buffer zones" around schools and vaccination centres if targeted by harmful and disruptive protests of the sort seen from anti-vaxxers.

Ms Patel will also urge MPs to back her controversial proposals to crack down on protests, questioning the logic that only schools and vaccination centres should be protected.

Other Government amendments include extending mandatory life sentences to the killers of on-duty emergency workers, extending the time limit to two years for prosecuting common assault in domestic abuse, a new offence of breastfeeding voyeurism and increased penalties for child cruelty.

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