Wolf-whistling could be classed as a hate crime
SEXIST behaviour such as wolf-whistling could be outlawed under radical plans proposed by the SNP.
Humza Yousaf yesterday announced that the Scottish Government’s hate crime consultation will consider whether or not to create a specific offence of misogynistic harassment.
This could see people face prosecution for using sexist language or wolf-whistling at women in the street.
The Justice Secretary said that misogyny had become ‘so ingrained, so normalised within our society’ that action had to be taken.
The move comes only months after Lord Bracadale, a retired court of session judge, raised serious concerns about a specific offence for misogyny.
In a major review of hate crime legislation, he recommended both gender and age hostility should be considered under the law, but said that including misogynistic behaviour would risk turning ‘sexist language’ or ‘most workplace discrimination’ into a crime.
He said ‘criminalising lowlevel misogynistic behaviour is not a proportionate response’ and warned that the definition of misogyny was ‘too broad’.
But in the first major speech of the SNP conference, Mr Yousaf told delegates that he faces hate crime ‘weekly’ – and therefore knows how important it is to tackle the problem, including race crimes, as well as islamophobic, sectarian and ageist abuse.
He confirmed the Scottish Government’s hate crime consultation would include the proposal to include misogyny – as well as other gender-based crimes. He said: ‘Hatred isn’t directed only to minorities – ask any woman that. To my fellow men in the audience, we have to stand up and be counted in the fight against misogyny.
‘To every single man listening, we have to be allies in the fight against misogyny and in the fight for equality. It is undoubtedly a fight for all of us.
‘If we are simply passive then we are just part of the problem and I very much hope to be a part of the solution.’
He added: ‘In our consultation on hate crime, I will ask a specific question on whether to make hate motivated by misogynistic harassment an offence, just as hatred based on religion and race is.’
Scottish Conservative Justice spokesman Liam Kerr said: ‘This is a surprising departure from Lord Bracadale’s independent, expert review which acknowledged the issue but recommended using the existing framework of Scots law to prosecute offenders.
‘He considered existing legislation to be sufficient, provided aggravating factors are taken into account on sentencing.’
A spokesman for Rape Crisis Scotland said: ‘Rape Crisis Scotland supports the introduction of misogynistic harassment as a hate crime as we consider that it has the potential to improve the protection offered to women and girls.’
Mr Yousaf said tackling hate crime is a ‘personal mission’. He added that he is comfortable with his identity as a Scot with Pakistani heritage and now, unlike when he was growing up in Glasgow, there are no longer parts of the city where he feels he cannot go.
‘But that doesn’t mean I haven’t been the victim of hate,’ he said.
‘I face it on a weekly basis, in one way, shape or another.’
‘Misogyny has become normal’