If I recall correctly, the rationale for recording “non-crime hate crimes” aka “hate incidents” on a person’s file is “preventative policing”, ie. to prevent “escalation” to an actual crime motivated by “hate”.
In Harry’s case, this was the explanation given by the police for their active intervention. The same with Maggie Nelson, when she wrote about bones in her archeology blog, saying that sex could be determined from skeletal remains.
However, the police are not routinely using “hate incidents” to try to prevent “escalation”. This is detailed by Sarah Phillimore ( @spero ) who only discovered that the Police had logged a “hate incident” against her by making a Subject Access Request:
“I have been recorded by my local police as hateful”
www.mumsnet.com/Talk/womens_rights/3982831-I-have-been-recorded-by-my-local-police-force-as-hateful?pg=1
This is a completely different issue to the recording of allegations of sexual assault that would show up on an Enhanced DBS Check. The recording of these sorts of incidents is the safeguarding measure arising from the Ian Huntley “Soham Murders” case.
The “hate incident” recording arises from recommendations in the Stephen Lawrence Inquiry, as a measure that is supposed to result in police intervention to try to prevent “escalation” to a Hate Crime.
I have tagged Sarah and hope that she, being a Barrister, will confirm or correct my understanding.
If I am correct, then the Freedom of Speech issues in Harry’s case have no bearing on the Safeguarding measures put in place after the Soham Murders.
As far as Hate Crimes and Hate Incidents are concerned, it seems to be a case of the road to hell being paved with good intentions.
I am not convinced by Janice Turner’s article. Is there any evidence that Hate Crime legislation has actually resulted in a decrease in physical assaults or murders of people with characteristics that are currently covered by the Act? Or of other crimes aggravated by “hostility”?
What are the costs of benefits, if there have been any? Not just diversion of criminal justice resources but particularly the criminalisation or tarring of reputations due to perceived “hostility”?
There are horror stories like the woman who beeped someone to get a move on when they were faffing around at a petrol pump and holding up the queue - resulting in a “racist hate incident” on her police record. Darren Grimes has just been interviewed on Triggernometry and mentioned how he has been routinely targeted for homophobic abuse - but if he were to be punched in the face he wouldn’t care why , that it should be enough that it is a crime to punch someone in the face.
The fantastic work of “We Can’t Consent To This”, to get a ban on the “Rough Sex Defence” for murder, is a much better example of a new law, dealing with a loophole that has enabled men to get away with murdering women.
No need to attempt to add “aggravated by misogyny” - murder is murder and a woman’s life should not be valued any less depending on whether a general “hostility to women” could be proved.
wecantconsenttothis.uk/press