Women and girls could soon be protected under Scotland’s hate crime laws, as the Scottish Government launches a consultation on new regulations that would make stirring up hatred based on biological sex a criminal offence.
The proposed regulations would amend the Hate Crime and Public Order (Scotland) Act 2021 to add “sex” as a protected characteristic.
If approved, the law would make it an offence to intentionally stir up hatred against someone because of their sex and would also allow courts to treat such crimes as aggravated, with tougher sentences.
Justice Secretary Angela Constance said the move sends a clear message:
“We must send a strong message to victims, perpetrators, communities and wider society that offences motivated by prejudice and hatred against women and girls will not be tolerated.”
She added:
“Men and boys will also be protected, however, we know that women and girls suffer significantly more from threats, abuse and harassment based on their sex, so they are likely to benefit most from these new legal protections.”
The draft statutory instrument (SSI) has been laid before Parliament and is now open for public consultation until 10 October.
The final version of the legislation will be informed by the consultation’s findings before being put to Parliament for approval.
The change would bring protections for women and girls in line with existing hate crime safeguards covering age, disability, religion, sexual orientation, transgender identity, and variations in sex characteristics.
The Hate Crime Act was passed in 2021 and came into effect in April 2024.
It introduced new offences targeting abusive and threatening behaviour intended to stir up hatred, while including specific protections for freedom of expression.
Angela Constance noted that while law reform is an important tool, cultural change is equally crucial:
“Criminal law reform alone cannot eliminate abuse against women and girls.
“Men must play an active role in identifying, challenging and changing the misogynistic and negative attitudes that underpin abuse and violence.”
The consultation paper is available on the Scottish Government’s website.
All views submitted by 10 October will be considered before final legislation is brought forward.
