Hailey
Scotland is taking a major step to protect women and girls from crimes motivated by hate. New laws proposed in the Scottish Parliament aim to make it a criminal offence to target someone because of their sex.
If approved, these changes will give women, girls, men, and boys legal protections similar to those already in place for age, religion, disability, sexual orientation, and transgender identity.
What the New Legislation Means
The proposed law will classify ‘sex’ as a protected characteristic under the Hate Crime and Public Order (Scotland) Act 2021. This means that:
- Stirring up hatred against someone based on their sex will be treated as a specific crime.
- Courts can treat crimes motivated by hatred of someone’s sex as aggravated offences, potentially leading to harsher sentences.
- Both women and girls as well as men and boys will receive legal protection, although the changes are expected to benefit females most due to higher levels of abuse and harassment they face.
Key Changes in Hate Crime Legislation
| Feature | Current Law | Proposed Change |
|---|---|---|
| Protected Characteristic | Age, religion, disability, sexual orientation, transgender identity, sex characteristics | Adds sex as a protected characteristic |
| Stirring Up Hatred | No specific law for sex-based hatred | Criminal offence to stir up hatred against women, girls, men, or boys |
| Aggravated Offences | Available for some characteristics | Applies to crimes motivated by hatred of someone’s sex |
| Implementation Date | N/A | 5 April 2027 |
Why This Change Matters
Justice Secretary Angela Constance explained that these laws will give women and girls equal protections in Scotland’s justice system. She stated:
“These regulations will significantly strengthen legal protections for women and girls from offences motivated by prejudice and hatred because of their sex.”
This is important because women and girls often face threats, harassment, and abuse based on their sex. By legally recognising this as a hate crime, victims will have stronger support and offenders could face tougher penalties.
Preparing for Implementation
The new rules are expected to come into effect on 5 April 2027. This gives Police Scotland enough time to:
- Update training programs
- Revise guidance for officers
- Ensure the law is enforced effectively once it becomes operational
The move comes after a consultation in which the majority of responses supported adding sex as a protected characteristic for hate crimes.
What This Means for Society
By recognising sex-based hatred as a crime, Scotland is taking a clear stance: abuse and harassment against women and girls will not be tolerated. This change also aligns protections with those for other groups who face hate crimes, promoting fairness and equality under the law.
Scotland’s proposed legislation to strengthen hate crime laws for women and girls marks a big step forward for equality and safety. It ensures that crimes motivated by hatred because of someone’s sex are treated seriously, giving legal safeguards similar to those for other vulnerable groups.
With the law set to take effect in 2027, women and girls can look forward to stronger protections, while society moves closer to fairness and justice for all.