Should rape be considered as a hate crime?

enoughisenough

Personally I don't see why they can't just used the protected characteristics from the equality act.

Are you?

I think you could make sex a protected characteristic in certain circumstances if you could establish hatred of the victim's sex was a motivator.

You would have to accept however that whilst it is very rare violent bullying by teenage girls of other girls happens and the motivation is the sex of the victim.

@DJBaggySmalls

Thank you for the link.

Its ridiculous when gender ID is a category that can suffer a hate crime but female is not.

Women and girls are being silenced for fear of being accused of a hate crime. This is the CPS school pack;
www.cps.gov.uk/northwest/working_with_you/hate_crime_schools_project/schools_project___lgbt_hate_crime/

Transphobia is a hate crime but misogyny is not. The end result is that trans people now tell lesbians they are transphobic for refusing to have sex with someone who has a penis but who identifies as female. Even though homophobia is also a hate crime.

@LassWiTheDelicateAir

I'm agreeing with you.

en.m.wikipedia.org/wiki/Murder_of_Kriss_Donald?wprov=sfla1I

It is also suggested the crime demonstrates how society has been forced to redefine racism so as to no longer exclude white victims

"Murder of Kriss Donald" on @Wikipedia: en.m.wikipedia.org/wiki/Murder_of_Kriss_Donald?wprov=sfta1

The problem with saying all rapes by men of women are a hate crime makes it meaningless as the victim is always a woman. All you are saying is effectively it is a very, very bad thing.

You couldn't have 'female' added to the list of characteristics for a hate crime the same way you don't have 'non-white' instead of 'race' now

There are no lists in that way. Of course you can have racially motivated attacks by Black or Asian people against white people and they are prosecuted as such.

Ereshkigal even

@CatsAreAssholes

Agreed!

That was aimed at Erishkigal

Sits on hands

cat calling etc that should be seen as a hate crime. Rape should be seen as just about the worst thing you can do to another person, and not like anything else. It should be treated more harshly and perpetrators should actually go to jail for serious sentencing

That makes sense.

You couldn't have 'female' added to the list of characteristics for a hate crime the same way you don't have 'non-white' instead of 'race' now.

No.

Sexism, cat calling etc that should be seen as a hate crime. Rape should be seen as just about the worst thing you can do to another person, and not like anything else. It should be treated more harshly and perpetrators should actually go to jail for serious sentencing.

@Ereshkigal I am a feminist, it's just a shame you're so anti-male. But that's okay, luckily you're in the minority.

It would remain one category of rape but the hate element would be an aggravating factor that would be considered in sentencing

But for that to work you would have to have rapes not committed in hatred?

How does that square with the posters who are arguing all rape stems from a hatred of women?

But to make sense of that in relation to rape you would have to have a category of rape which wasn't aggravated by hating women and a category where that was the motivation.

I don't think so? It would remain one category of rape but the hate element would be an aggravating factor that would be considered in sentencing. The same as a racially aggravated assault is still charged as a common assault or ABH, the racial motivation is considered at sentencing.
As a legal bod you probably understand it better than me though

I think misogynistic crime in general should be categorised as a hate crime with female sex being a characteristic.

YY.

But I don't understand what they did wrong. Which is why I asked you to explain.

I think it's perfectly clear. I'm not here to "explain" things to people men. I'm here to discuss feminist issues with feminists.

No I don't think we should call all rape hate crime.
I think misogynistic crime in general should be categorised as a hate crime with female sex being a characteristic. A crime would be a hate crime if it was carried out because of hostility or prejudice based on the victims female sex.
Then in the case of rape it could be prosecuted as a hate crime if hostility/prejudice towards women could be proven. Which it probably could be in many cases.
It's all semantics really until a) rape gets prosecuted better full stop and b) misogynistic crime in general becomes recognised as a hate crime

We need to add femaleness to the list of protected characteristics for hate crime first though

But to make sense of that in relation to rape you would have to have a category of rape which wasn't aggravated by hating women and a category where that was the motivation.

If a white man , straight man beats up a black gay man it does not immediately follow that it must be an aggravated crime because the victim has 2 protected characteristics.

So to quote hiddenmnetter So without trying to be difficult can someone explain the argument to me that establishes that all male on female rape is NECESSARILY based on hatred? because if that is the case calling all rape a hate crime doesn't do anything.

You mean 'sex' right? Because 'femaleness' would be missing the point of protected characteristics.

Well let's turn it on its head.

"Any criminal offence can be a hate crime if it was carried out because of hostility or prejudice based on disability, race, religion, transgender identity or sexual orientation.

When something is classed as a hate crime, the judge can impose a tougher sentence on the offender under the Criminal Justice Act 2003." ( www.citizensadvice.org.uk/law-and-courts/discrimination/hate-crime/what-are-hate-incidents-and-hate-crime/ )

So the corrective rape of a lesbian could be recorded as a hate crime. Or the rape of a gay man by another man if the fact the victim was gay was a motivator. Same for rave or disability.

However being female is not a protected characteristic so rape can't be prosecuted as a hate crime against women. I think it should be if it can be proven the offender was motivated by hatred of women, for example if he used extreme misogynistic language during the offence.

We need to add femaleness to the list of protected characteristics for hate crime first though.

But I don't understand what they did wrong. Which is why I asked you to explain.