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Feminism: Sex and gender discussions

Janice Turner today on making misogyny a hate crime

80 replies

ErrolTheDragon · 26/09/2020 08:34

In the Times today.
As usual, a clear piece, and anticipating whining comments from men re wolf whistling etc which hopefully they'll heed (I've not looked at them yet)

www.thetimes.co.uk/article/misogyny-is-much-more-than-a-wolf-whistle-378scc9x5?shareToken=7fba47b50fc9d5cb411ff37f1a5fdc3b

OP posts:
quixote9 · 27/09/2020 05:09

to those worrying about judging thoughts instead of crimes, that's an essential feature of justice. That's why there's a difference between manslaughter and murder. The intent in the latter makes it worse than the former.

That's why the attempt to hide behind "sex play gone wrong," aka "oh, soz, accident!" is so revolting as a cover for murder.

We read intentions all the time, and some really are worse than others.

The question isn't whether intentions matter. It's whether those intentions matter. Is torturing someone for belonging to a given class worse than torturing random human beings?

I'd say yes. It adds an extra layer of injustice to all the layers of pain.

And the other thing I'd say is if you can see why crimes targeted at Jews or Muslims or blacks are hate crimes, but you're dubious when it comes to women, then a) it's precisely to clarify the parallels that we need the hate crime designation, and b) take a long hard look at yourself.

Panfriedscallops · 26/09/2020 21:12

@Antibles

It suggests that sex/gender (the two words being used interchangeably these days) be added to the protected characteristics of race, religion, trans identity, sexual orientation and disability.

I think I recall that the protected characteristics in the EA2010 and those in the hate crime legislation are not identical.

Thanks Antibles. That does explain why Janice used TI rather than GR.

Thought there might have been a reason couldn't see her not knowing the difference.

Perhaps the whole concept of hate crimes need a review.

Goosefoot · 26/09/2020 20:54

I just don't support hate crime legislation, so I can't support adding anything to it.

It's pretty standard that motivation does play some role in sentencing, and that's appropriate. There are all kinds of motivations for crime and some reflect a more dangerous type of individual. Crimes based on hate aren't the same as crimes based on drug addiction for example, or a kid who vandalises out of boredom isn't in the same situation as one who does it to target someone specifically. A targeted crime against people you don't know might be different than a targeted crime against someone who did you wrong.

But I don't think that differentiating a crime carried out because a person hates Jews is but not a crime carried out for hatred of some other kind, maybe of an individual or some non-identity group, is really right. There is something about naming specific groups that is the problem for me.

JanewaysBun · 26/09/2020 20:41

I'm also ambivilant on hate crime laws j general. However of we have them then of course sex should be one of the top ones. (Race, disability and sex)

Howver although it's fairly easy for the average person to go a day without being racist (well should be!) Sexism is so deeply ingrained in our society that there would be far to many incidents for the police to even log.

CranberriesChoccyAgain · 26/09/2020 20:22

@Antibles

From the CPS website: "The term 'hate crime' can be used to describe a range of criminal behaviour where the perpetrator is motivated by hostility or demonstrates hostility towards the victim's disability, race, religion, sexual orientation or transgender identity."
"Sex" is noticeably absent.
Antibles · 26/09/2020 19:52

So, let's see what doesn't carry over from the EA2010:

age; sex; marriage and civil partnership; pregnancy and maternity.

'Gender reassignment' disappears to be replaced by transgender identity

Antibles · 26/09/2020 19:44

From the CPS website: "The term 'hate crime' can be used to describe a range of criminal behaviour where the perpetrator is motivated by hostility or demonstrates hostility towards the victim's disability, race, religion, sexual orientation or transgender identity."

Antibles · 26/09/2020 19:41

It suggests that sex/gender (the two words being used interchangeably these days) be added to the protected characteristics of race, religion, trans identity, sexual orientation and disability.

I think I recall that the protected characteristics in the EA2010 and those in the hate crime legislation are not identical.

persistentwoman · 26/09/2020 19:24

I noticed that Panfriedscallops* . It's getting to the stage where I forget the actual protected characteristics as there are so many different terms used.

jj1968 · 26/09/2020 19:17

@ErrolTheDragon

It's been decided for you.

Was there any indication women were going to be consulted anyway? Confused

Well I think if Harry was genuinely motivated by a desire to support feminist aims then he might have opened this up for debate within the GC movement rather than unilaterally charging in with a case that could prove detrimental to women. He could have left it at PC Gul, he got his dig in at his ex-employers and made his point but it seems that wasn't enough.
Panfriedscallops · 26/09/2020 19:09

Loved the article. And I enjoy the way she gets to the heart of the matter but in one para she has used "trans identity" on her list of protected characteristics. I thought the actual protected characteristic was gender reassignment.

....The Law Commission, in a consultation launched this week, is proposing that misogyny also become a hate crime. It suggests that sex/gender (the two words being used interchangeably these days) be added to the protected characteristics of race, religion, trans identity, sexual orientation and disability. Before the harrumphing begins about builders being banged up for wolf-whistling — they won’t be — let’s step back and consider why misogyny has been omitted from this list for so long.....

I'm no expert but a little disappointed if she got it wrong but no one else seems to have mentioned this so I may be mistaken

ErrolTheDragon · 26/09/2020 18:38

It's been decided for you.

Was there any indication women were going to be consulted anyway? Confused

OP posts:
persistentwoman · 26/09/2020 18:34

I liked Janice's article (I usually do) and there were some really thoughtful comments (alongside the normal feminist / woman hating) comments.

Floisme · 26/09/2020 18:31

Ah ok.

I may be ambivalent about hate crime but not about hate incidents - I think they're a nonsensical, dangerous idea.

It's entirely up to you whether or not you like Harry Miller but as I understand it, he was summoned by the police to have his thinking checked, so not exactly barging in and, from what I've seen, he's been clear that he's coming at it from a free speech point of view.

jj1968 · 26/09/2020 18:23

@Floisme

Sorry you didn't bold, you quoted it. But still puzzled.
Just because you said Janice Turner, who seems to support the Nottingham scheme, might change your mind, not a criticism of anything you said. It's too late if Harry wins his case. It's been decided for you.
Floisme · 26/09/2020 18:09

Sorry you didn't bold, you quoted it. But still puzzled.

Floisme · 26/09/2020 17:58

No probs Deaconboo Smile

Not sure why you bolded my post JJ - bad laws will get challenged, that was kind of my point.

jj1968 · 26/09/2020 17:45

@persistentwoman

Amazing how people pop up on FWR to lecture women and feminists on who we should listen to. Hmm
I'm not lecturing you, I just said I find it astonishing, and I do, partcularly given if his case is successful then it could have major safeguarding implications.
persistentwoman · 26/09/2020 17:33

Amazing how people pop up on FWR to lecture women and feminists on who we should listen to. Hmm

jj1968 · 26/09/2020 17:27

@ErrolTheDragon

JJ Harry's case is against 'hate incidents' - thoughtcrime - not actual hate crime, isn't it? 'Hate crimes' are where an actual crime has been committed and there is hate relating to a protected characteristic involved. So not at all what you implied there.Confused

I'm ambivalent on whether the concept of 'hate crime' is a good idea or not, but as it exists there seems no logic to making it apply to the protected characteristics except for sex. If it is added, then I don't see why it wouldn't relate to a misandric crime , should such a thing occur.

The Nottingham scheme was based on hate incident reporting. I do realise it's not something that has universal support amongst Feminists, and I personally have some reservations over police powers to retain information. What I object to is a man who will never be affected by prejudice due to his sex, race, sexuality or gender reassignment status barging into the debate and deciding for everyone else using Feminism as a shield. I find it astonishing it's been uncritically supported in some quarters, and it makes me wonder what the likes of Dworkin and Firestone would think of this movement that claims their heritage.
persistentwoman · 26/09/2020 16:32

@Wildswim

not a fan of the concept of hate crime - it veers too close to criminalising thought for my liking.

This.

I also think it will not be enforced - if rape isn't convicted, how will lesser crimes against women be. Let's concentrate on getting rape and sexual crime conviction rates up.

Agreed. We have already seen how badly hate incidents are managed and how it allows individual police officers to spout ludicrous nonsense and use that to actively criminalise citizens.

I struggle to see how hate crimes add anything to society?

ErrolTheDragon · 26/09/2020 16:21

JJ
Harry's case is against 'hate incidents' - thoughtcrime - not actual hate crime, isn't it? 'Hate crimes' are where an actual crime has been committed and there is hate relating to a protected characteristic involved. So not at all what you implied there.Confused

I'm ambivalent on whether the concept of 'hate crime' is a good idea or not, but as it exists there seems no logic to making it apply to the protected characteristics except for sex. If it is added, then I don't see why it wouldn't relate to a misandric crime , should such a thing occur.

OP posts:
PlanDeRaccordement · 26/09/2020 14:54

I’m against all hate crime laws on principle.
All humans are supposed to be equal, therefore the same crime should carry same penalty for every human that commits it.
There should not be a hierarchy where a crime against one sort of human (age, race, sex) carries a lower penalty than that exact same crime against another sort of human.

Wildswim · 26/09/2020 14:50

not a fan of the concept of hate crime - it veers too close to criminalising thought for my liking.

This.

I also think it will not be enforced - if rape isn't convicted, how will lesser crimes against women be. Let's concentrate on getting rape and sexual crime conviction rates up.

Gibbonsgibbonsgibbons · 26/09/2020 14:08

Misogyny,” says Helen Voce, of Nottingham Women’s Centre, “is the soil in which violence against women grows.”

I think that is a brilliant quote.

I’m also very wary of “hate crime” legislation, I don’t think a crime is better or worse based on what the perpetrator was thinking at the time.

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