Misogyny will now be recorded as a hate crime

[Wondermule]

!!

Surely it already is "perceived sex"? All the other hate crime characteristics include 'perceived', e.g. perceived race, perceived sexual orientation.

The police and the CPS have agreed the following definition for identifying and flagging hate crimes:

"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."

www.cps.gov.uk/crime-info/hate-crime

@alkanet

So would all the abuse gc feminists get on Twitter be counted as a hate crime?

I don't think so. Abuse on Twitter isn't a crime (unless it's some sort of incitement maybe?). 'Hate crime' applies to the motivation behind something which is of itself a crime.

What is the difference between ‘perceived sex’ and ‘gender’ given that gender is basically a way of looking externally like a stereotype of the opposite sex?

This is great.

I hope this will include misogyny from transwomen/non-binaries towards women, because when this law has been talked about before or had pilot schemes, as I remember, the specific wording was "from men"/"by men" only.

Hate crimes are actual crimes, which additionally have the added factor of being motivated by hostility or prejudice because the victim has, or is thought to have, one of those characteristics.

Non-crime hate incidents are the woolly ones where it gets recorded without anyone investigating whether it happened, whether the alleged perpetrator is who the victim is claiming it to be, etc. It's the subject of the current legal case by Harry Miller.

[quote CardinalLolzy]Surely it already is "perceived sex"? All the other hate crime characteristics include 'perceived', e.g. perceived race, perceived sexual orientation.

The police and the CPS have agreed the following definition for identifying and flagging hate crimes:

"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."

www.cps.gov.uk/crime-info/hate-crime[/quote]
Oh, have I misunderstood? Doesn't the "perceived" bit mean you can claim to be the opposite sex, like Self ID for gender?

@Wondermule

What is the difference between ‘perceived sex’ and ‘gender’ given that gender is basically a way of looking externally like a stereotype of the opposite sex?

I would expect as long as you can reasonably claim the perpetrator thought you were a woman it would be acceptable. I don't really have a problem with it as I think the benefits to women will outweigh any problematic uses, but admittedly I haven't given it proper thought!

If transwomen are subject to misogyny constituting a crime then of course that should be recorded. As you say, I'm not sure how much work the 'perceived' will be doing here if it's a male-presenting trans woman whose gender identity may be imperceptible.

"So would all the abuse gc feminists get on Twitter be counted as a hate crime?"

This is making me smile, I really do hope so......that's going to have a huge impact on some people's agendas. (I was going to say piss on their bonfire) . Death threats are covered under "offences against the person act" and if its categorised correctly to have been not much more than a idle threat, wasn't actually planned for but still caused distress then it can carry a 2 year sentence. I wonder though, if its also a hate crime will this increase its seriousness? Does this mean that it could carry a heavier sentence?

If a man commits an attack on a transwoman because of transphobia (or homophobia) , or a woman because of misogyny, then either way he deserves it to be classified as a hate crime and I'm not sure I care if the former gets registered as misogyny rather than transphobia.

Abuse on twitter etc would potentially go towards a harrassment case, but I don't think it's a crime to send a nasty tweet. Death threats, perhaps.

basically if it's already a crime, then the sentencing will potentially be more severe because of the hate element. This doesn't turn something that's not already a crime into a crime.

The non-crime hate incidents are another matter entirely, though. I look forward to reading guidance on those.

CardinalLolzy thank you for the link, it answered my question.

It's excellent news if stalking and sexual offences are now potentially hate crimes with heavier sentences. These life-ruining crimes need to be taken seriously.

Well tickle me pink! I would join you in a glass of bubbly but I've just had me covid jab. Will raise a toast with a sparkling water instead😁

Yes what does that mean?

It already is a hate crime however not all forces currently have the option to classify it such specifically. Nottinghamshire Police for one have been recording it for a few years now - it can be reported as a hate crime elsewhere if the crime itself is believed to be motivated by misogyny however may just go down as something like "hate crime - other" as opposed to specifically being identified as race related etc.

Cautiously excited by this. Sounds too good to be true.

www.bbc.com/news/amp/uk-england-nottinghamshire-36775398

Since 2016, longer than I thought!

@ErrolTheDragon

If a man commits an attack on a transwoman because of transphobia (or homophobia) , or a woman because of misogyny, then either way he deserves it to be classified as a hate crime and I'm not sure I care if the former gets registered as misogyny rather than transphobia.

Well it’s great you don’t care, but a lot of us do. We need the differentiation between sex and gender, and their corresponding level of risk, to be able to maintain our sex based rights.

Hear, hear. Of course it makes a difference, why suggest it doesn't?

We need the differentiation between sex and gender, and their corresponding level of risk, to be able to maintain our sex based rights.

I'm not sure 'gender' is interchangeable with 'perceived sex', though. It's an inner sense, so we're told. If the attacker did think the trans woman was of female sex, then it still would be misogyny in my book.
If they thought they were a trans woman, it would be transphobic.
If they thought they were a non-trans male, it would be neither.

This is just a quick search about tweets because my battery is going to die. I'm sure there's more info out there, I'll have to do more research.

www.independent.co.uk/news/uk/arrests-offensive-facebook-and-twitter-posts-soar-london-a7064246.html

"Arrests for offensive Facebook and Twitter posts soar in London
625 arrests were made for alleged section 127 offences in 2010

Sadie Levy Gale
Saturday 04 June 2016 15:4

The number of people being arrested for “online crimes of speech” have increased dramatically in London.

While arrests for aggressive, threatening or hateful speech on social media declined between 2010 and 2013, the numbers rose last year

According to the Register, a total of 2,500 Londoners have been arrested over the past five years for allegedly sending “offensive” messages via social media. In 2015, 857 people were detained, up 37 per cent increase since 2010.

The Communications Act 2003 defines illegal communication as “using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety”. Breaking the law carries a six-month prison term or fine of up to £5,000.

The figures, obtained from the Metropolitan police via a Freedom of Information request, only apply to the London area.

The legislation has been used to arrest Twitter users responsible for racist hate speech. According to Vocativ, among many recently arrested was a Scottish citizen who had posted hate speech about Syrian refugees on his Facebook page.

A recent study found the words ‘slut’ and ‘whore’ were used by UK Twitter users 10,000 times in three weeks.

In 2010, Paul Chambers was convicted under the Communications Act after tweeting a joke about blowing up Robin Hood Airport in Nottingham. His conviction was overturned after a two-year legal battle. "

I don't think anyone as been arrested for calling anyone "whore " or "slut". not sure why they included that.

I remember reading stories of People being arrested for abusive tweets to/about other protected characteristics.

We need the differentiation between sex and gender, and their corresponding level of risk, to be able to maintain our sex based rights.

In general we absolutely do. I'm not sure whether it harms women if more violent crimes are ascribed as due to misogyny and correspondingly fewer due to transphobia though.

("it" being the motivating hatred, in my examples)

Sorry for this c+p, my battery is going to die and I can't charge it

CPS hate crime info:

www.cps.gov.uk/crime-info/hate-crime

Hate crime
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.

These aspects of a person's identity are known as 'protected characteristics'. A hate crime can include verbal abuse, intimidation, threats, harassment, assault and bullying, as well as damage to property. The perpetrator can also be a friend, carer or acquaintance who exploits their relationship with the victim for financial gain or some other criminal purpose.

Our own performance data and bespoke sampling exercises help us to understand how we are responding to the challenges of hate crime prosecution. In addition, we make use of external research and reports from academics, parliament, the government and community stakeholder organisations to improve our understanding and awareness of hate crime, how it operates and its impact. The sections below provide a outline of some of the relevant work that we have taken account of in recent years.

Prosecution guidance
Read how the CPS goes about prosecuting the different strands of Hate Crime in our Prosecution Guidance section

Racist and Religious Hate Crime
Homophobic, Biphobic and Transphobic Hate Crime
Disability Hate Crime and other crimes against disabled people
Crimes Against Older People (CAOP)
Our approach to dealing with CAOP has much in common with the monitored strands of hate crime. There can also be links from a crime against an older person to one or more of these strands. For these reasons, we include the CAOP policy and guidance here.

Crimes Against Older People - Policy Guidance
Crimes Against Older People - Prosecution Guidance
How to report hate crime
If you are in immediate danger, call 999

Call 101 for non-emergency enquiries

In addition, you can report hate crime to some of the organisations who support affected communities, including:

Stop Hate UK (all hate crime)
Tell Mama (anti-Muslim hate crime)
Community Security Trust (anti-Semitic hate crime)
GALOP (anti-LGBTQ+ hate crime)
True Vision (all hate crime)
In Cymru/Wales: Victim Support (all hate crime)
#HateCrimeMatters
We ran a social media campaign called #HateCrimeMatters to help people understand what hate crime is, and what can be done about it.

Continue reading
How the CPS defines hate crime
Hate Crime infographic

In England and Wales the monitored strands of hate crime are:

racially and religiously aggravated;
homophobic, biphobic and transphobic; and
disability hate crime.
These strands are covered by legislation (sections 28-32 of the Crime and Disorder Act 1998 and sections 145 and 146 of the Criminal Justice Act 2003) which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime.

The police and the CPS have agreed the following definition for identifying and flagging hate crimes:

"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."

There is no legal definition of hostility so we use the everyday understanding of the word which includes ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment and dislike.

How the CPS deals with hate crime
Hate Crime infographic

Once a hate crime has been reported, the police investigate whether a hate crime has been committed. They refer cases to the CPS to decide whether there should be a charge. We are responsible for preparing and presenting hate crime cases at court and applying for an increased sentence. We need enough evidence to convince the court that the crime was motivated by or demonstrated hostility. We also work with Witness Care Units to provide information, assistance and support to victims and prosecution witnesses.

In 2016/17, 83% of hate crimes cases we prosecuted led to a conviction or guilty plea. Because of the serious nature of these offences, the CPS can apply to the courts for a 'sentence uplift' which is an increased punishment for the crime. Last year, more than half of our requests led to offenders having their sentence increased because it was motivated by hate.

Reports and publications
CPS Hate Crime Annual Reports
The CPS Hate Crime annual report provides an overview of performance and activity and is backed up by a more detailed data report for the year along with a separate report on Area performance for the year.
CPS response to Joint HMCPSI and HMICFRS inspection report: Handling of Cases Involving Disability Hate Crime - October 2018
Inspectors from HM CPS Inspectorate and HM Inspectorate of Constabulary and Fire & Rescue Services analysed the handling of disability hate crime cases by the police and CPS. This is the CPS response to the report.
CPS Hate Crime Strategy 2017-2020
The hate crime strategy is an overarching framework to address crimes that meet the National Police Chiefs’ Council (NPCC) and the CPS agreed definition of hate crime.
Community Impact Statements and their use in Hate Crime cases
Guidelines for prosecutors
Datganiadau effaith ar y gymuned a'u defnydd mewn troseddau atgasedd
Canllawiau ar gyfer erlynwyr
CPS Hate Crime Newsletter, Issue 27 - February 2021
The CPS Hate Crime Newsletter provides updates on how the CPS is tackling Hate Crime.
Public policy statements on hate crime
Our public policy statements explain the way we deal with and prosecute hate crimes and what victims and witnesses can expect from us.

Public statement on prosecuting racist and religious hate crime
Public statement on prosecuting homophobic, biphobic and transphobic hate crime
Public statement on prosecuting disability hate crime and other crimes against disabled people
We have leaflets explaining about hate crime:

Hate Crime: what it is and what to do about it
Hate Crime: what it is and how to support victims and witnesses
Support for disabled victims and witnesses of crime
We have also published more information about how we prosecute Disability Hate Crime in Easy Read format:

Hate Crime: what it is and what to do about it - Easy Read
Hate Crime: what it is and how to support victims and witnesses - Easy Read
Prosecuting crimes against disabled people - Easy Read
Support for disabled victims and witnesses of crime - Easy Read
Hate Crime Data
Hate Crime data is now published regularly as part of our Quarterly Data Summaries.

Find the quarterly summary you're interested in and select 'Hate Crime' in the index.

You can find earlier data (to 2018-2019) about Hate Crime prosecutions in the Underlying Data section of this website.

Context and characteristics of hate crime
We are proactive in seeking feedback and information to support more effective prosecution of hate crime. This includes the nature of offending and its impact, awareness and understanding amongst communities concerned and our effectiveness in response. In supporting this, we work closely with community-focused organisations, criminal justice partners and others.

Context and characteristics of hostility on the basis of race or religion
Context and characteristics of hostility towards sexual orientation and transgender identity
Context and characteristics of crimes against disabled people
Support for victims and witnesses
Hate crime - What it is and what to do about it - This is a short guide about hate crime; what it is, what you can do about it and who can help.

Hate crime: what it is and how to support victims and witnesses - This guide is about hate crime and how to help those who may be victims of this kind of offending behaviour. It is designed for people working in voluntary organisations, as well as frontline staff in health, housing or social welfare – in fact anyone who might be the first to hear about an incident.

Support for disabled victims and witnesses of crime - This guide is about the support available to disabled victims and witnesses of crime.

There is a wide range of organisations who support victims and witnesses of hate crime. You can find out more about some of these organisations on their websites.

Stop Hate UK
Stonewall
Tell Mama
Community Security Trust
GALOP