LAW BLOG: Could a reclassification of hate crime cause a bigger social divide?

In a new series, our law students are sharing their expert views on some of the most topical issues facing our society. Here, Sarah gives her view on hate crime and the social divide.

A hate crime is said to be “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 characteristics or perceived characteristic; such as disability, race, religion or belief, sexual orientation, trans and gender reassignment”.[1]

Although there are no specific laws codifying hate crime,[2] the Crown Prosecution Service have been active in their approach of targeting justice whereby 83%[3] of hate related offences led to a successful conviction. Incidents which are based on those characteristics such as age and belonging to an alternative subculture; ‘hippie, goth, mod, punk’[4] are not classified within the typical hate crime paradigm. However, as hate crime is personal and targets the victim emotionally and psychologically, categorising all hate crime into one statute may generate considerable resentment and pose a threat to what it was specifically intended for.

Upon review of hate crime, the Law Commission have candidly noticed a gap in the law whereby they will consider offences driven by hatred of women as a hate related offence, as MP Stella Creasy has notably announced the ‘upskirting bill’[5] within recent months. ‘Misogyny’ is becoming increasingly prevalent in today’s society, with almost 93.7% of respondents stating that they have experienced harassment in Nottinghamshire alone.[6] This has been recognised by Nottinghamshire police through a two-year pilot scheme but has unfortunately been branded as a “ticky box exercise” with little response and a “waste of resources without being backed by a mandate from the public”.[7]

Sajid Javid (Home Secretary) in a further response to hate crime, stated that the Law Commission should consider adding ‘misandry;’ the hatred of men to the classification of a hate crime. Fathers 4 Justice argue that “to make misogyny a hate crime risks stereotyping men as perpetrators and women as victims”.[8] However, the figures must match the need for introducing new legislation. There is no real prevalence in adding further pressure on an already stretched police force, especially where 78% of perpetrators were most likely to be male.[9] The law must have an advantage, to protect those it should benefit.

It is easy to ascertain how expanding the definition of hate crime may put serious strain on an already stretched system, particularly police forces, the UK courts and subsequently prisons especially as there has been a 17% increase of these crimes committed which have doubled in figure from 2012.[10] Police are struggling to meet the demands of the legislation that already exists, by ‘screening out’ almost a third of crimes that are committed with no further investigation.[11]

Nevertheless, we must recognise that we cannot block out any form of hate as after all, “abuse has no gender”.[12] We scream for equality but wallow at the idea of men being abused in any capacity. Therefore, if hate crime is to be universal, we must accept that this should be introduced in need of demand despite many stating that the “UK’s culture of grievance and victimhood has reached peak absurdity”.[13]

Along the remit of hate crimes, Sajid Javid equally proposed to bring ‘ageism’ to the forefront. While the UK population has peaked, 18.2% were aged 65 or over within a 2017 consensus;[14] many “oldies” feel that they are a burden to “wider society”.[15] This is due to societal attitudes, whereby “youth is idolised, and ageing is seen as a decline”.[16] Reforming the law and reversing the attitudes that we have towards older people should be priority by sending a clear message that a criminal record will be upheld and that discrimination has no place in a modern society.

Canada is successfully targeting ageism by promoting the ‘UN’s International Day of Older Persons’, helping older persons feel involved in society through several programmes and raising awareness of one of the most “demeaning, socially-ingrained forms of discrimination”.[17] Not only does age discrimination apply at work, it applies through all forms of life such as getting frustrated at an old person for driving cautiously or walking at ‘snail pace’ round the supermarket. The best approach would be to follow in Canadas footsteps and celebrate the difference, rather than introducing legislation that would have very little effect.

Whilst it is important to protect all stems of vulnerability, it appears that the evolutionary existence of laws are seeking to create a social hierarchy of hate which places protection on some vulnerable characters more than others. If, in hindsight, the law was to protect one sort of vulnerability in favour of the other then this would create an even bigger social divide, thus reiterating that “freedom of speech” would no longer be viable. Whilst we can happily say that “hate crime laws do not punish thoughts”,[18] it must be acknowledged that deterrence from individuals committing crimes against another for personal characteristics should be upmost priority. It should never suffice to the death of another person for change to happen.[19]

[1] The Met Police, ‘What is hate crime?’

https://www.met.police.uk/advice/advice-and-information/hco/hate-crime/what-is-hate-crime/ accessed 10/11/18

[2] Laws relating to aggravation as per the Crime and Disorder Act 1998 s28-32 and judges can impose tougher sentences as per the Criminal Justice Act 2003 s145-146.

[3] CPS, ‘Hate Crime’

< https://www.cps.gov.uk/hate-crime > accessed 10/11/2018

[4] Alexis Petridis, ‘Youth Subcultures, what are they now?’ < https://www.theguardian.com/culture/2014/mar/20/youth-subcultures-where-have-they-gone > accessed 10/11/2018

[5] Libby Brooks, ‘MPs to decide whether to make misogyny a hate crime’, (02 Sep 2018) < https://www.theguardian.com/world/2018/sep/02/mps-to-decide-whether-make-misogyny-hate-crime > accessed 12/11/18

[6] Louise Mullany, Loretta Trickett, ‘Misogyny hate crime’, (31 July 2018) < https://theconversation.com/misogyny-hate-crime-new-research-reveals-true-scale-of-issue-and-how-the-public-are-united-against-it-100265 > accessed 10/11/18

[7] Olivia Rudgard, ‘Treating Misogyny as a hate crime is a ‘waste of time’ officers say as police record one conviction over two years’ (9 July 2018) < https://www.telegraph.co.uk/news/2018/07/08/treating-misogyny-hate-crime-waste-time-officers-say-police/ > accessed 12/11/18

[8] Sian Morris, ‘why misandry and misogyny should be treated differently when it comes to hate crimes’ (16 October 2018)

< https://www.newstatesman.com/politics/feminism/2018/10/why-misandry-and-misogyny-should-be-treated-differently-when-it-comes-hate > accessed 12/11/18

[9] John Flatley, ‘The nature of violent crime in England and Wales’ (08 Feb 2018) < https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/thenatureofviolentcrimeinenglandandwales/yearendingmarch2017#what-do-we-know-about-perpetrators-of-violent-crimes > accessed 14/11/18

[10] Home Office, ‘Hate Crime, England and Wales, 2017/18’ (16 October 2018) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/748598/hate-crime-1718-hosb2018.pdf accessed 2/11/18, 7

[11] Martin Williams, ‘Police screen out nearly a third of crimes’, https://www.channel4.com/news/factcheck/police-screen-out-a-third-of-crimes-with-no-further-investigation accessed 2/11/18

[12] (n8)

[13] David Green, ‘Hate crime laws are making us all victims’ (16 Oct 2018) < https://blogs.spectator.co.uk/2018/10/hate-crime-laws-are-making-us-all-victims/ > accessed 14/11/18

[14] Sarah Coates, ‘Overview of the UK population’, (01 Nov 2018) < https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/articles/overviewoftheukpopulation/november2018 > accessed 15/1118

[15] Age UK, ‘Older people feel a burden to society’, (06 Oct 2017) < https://www.ageuk.org.uk/latest-news/archive/older-people-feel-a-burden-to-society/ > accessed 15/11/18

[16] Ellie Gotay, ‘Ageism, the last taboo?’ (20 Jun 2018) < https://www.ageing-better.org.uk/news/ageism-last-taboo > accessed 15/11/18

[17] CBC News, ‘Ageism is the most socially-ingrained discrimination’ (01 Oct 2016) < https://www.cbc.ca/news/canada/british-columbia/ageism-discrimination-1.3786624 > accessed 18/11/18

BIBLIOGRAPHY

IMAGES

First image: www.twitter.com accessed by using #NoHomeForHate hashtag

LEGISLATION

Crime and Disorder Act 1998
Criminal Justice Act 2003

WEBSITES

Age UK, ‘Older people feel a burden to society’, (06 Oct 2017) < https://www.ageuk.org.uk/latest-news/archive/older-people-feel-a-burden-to-society/ > accessed 15/11/18
Brooks L, ‘MPs to decide whether to make misogyny a hate crime’, (02 Sep 2018) < https://www.theguardian.com/world/2018/sep/02/mps-to-decide-whether-make-misogyny-hate-crime > accessed 12/11/18
CBC News, ‘Ageism is the most socially-ingrained discrimination’ (01 Oct 2016) < https://www.cbc.ca/news/canada/british-columbia/ageism-discrimination-1.3786624 > accessed 18/11/18
Coates S, ‘Overview of the UK population’, (01 Nov 2018) < https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/articles/overviewoftheukpopulation/november2018 > accessed 15/1118
CPS, ‘Hate Crime’ < https://www.cps.gov.uk/hate-crime > accessed 10/11/2018
Flatley J, ‘The nature of violent crime in England and Wales’ (08 Feb 2018) < https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/thenatureofviolentcrimeinenglandandwales/yearendingmarch2017#what-do-we-know-about-perpetrators-of-violent-crimes > accessed 14/11/18
Gotay E, ‘Ageism, the last taboo?’ (20 Jun 2018) < https://www.ageing-better.org.uk/news/ageism-last-taboo > accessed 15/11/18
Green D, ‘Hate crime laws are making us all victims’ (16 Oct 2018) < https://blogs.spectator.co.uk/2018/10/hate-crime-laws-are-making-us-all-victims/ > accessed 14/11/18
Henderson W, ‘Bias Laws Ensure Action Against Hate’ (7 March 2012) < https://www.nytimes.com/roomfordebate/2012/03/07/are-hate-crime-laws-necessary/bias-laws-ensure-action-against-hate > accessed 15/11/18
Home Office, ‘Hate Crime, England and Wales, 2017/18’ (16 October 2018) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/748598/hate-crime-1718-hosb2018.pdf accessed 2/11/18
Morris S, ‘why misandry and misogyny should be treated differently when it comes to hate crimes’ (16 October 2018)< https://www.newstatesman.com/politics/feminism/2018/10/why-misandry-and-misogyny-should-be-treated-differently-when-it-comes-hate > accessed 12/11/18
Mullany L, Trickett L, ‘Misogyny hate crime’, (31 July 2018) < https://theconversation.com/misogyny-hate-crime-new-research-reveals-true-scale-of-issue-and-how-the-public-are-united-against-it-100265 > accessed 10/11/18
Petridis A, ‘Youth Subcultures, what are they now?’ < https://www.theguardian.com/culture/2014/mar/20/youth-subcultures-where-have-they-gone > accessed 10/11/2018
Rudgard O, ‘Treating Misogyny as a hate crime is a ‘waste of time’ officers say as police record one conviction over two years’ (9 July 2018) < https://www.telegraph.co.uk/news/2018/07/08/treating-misogyny-hate-crime-waste-time-officers-say-police/ > accessed 12/11/18
The Met Police, ‘What is hate crime?’ https://www.met.police.uk/advice/advice-and-information/hco/hate-crime/what-is-hate-crime/ accessed 10/11/18
‘The Sophie Lancaster Foundation’, < https://www.sophielancasterfoundation.com/ > accessed 28/11/18
Williams M, ‘Police screen out nearly a third of crimes’, https://www.channel4.com/news/factcheck/police-screen-out-a-third-of-crimes-with-no-further-investigation