A BILL criminalising misogynistic abuse and harassment is set to be tabled by the end of the current parliamentary term.
Following Baroness Helena Kennedy’s report on misogyny in Scotland (below), published on International Women’s Day in March 2022, the Scottish Government launched a consultation on introducing a number of new offences to tackle violence against women and girls, set to be world-leading.
And now, the Sunday National has confirmed that the legislation is scheduled to be tabled with the Scottish Parliament during the later half of the Holyrood term.
No firm date has been given as timetabling is up to the Scottish Parliament, and the Criminal Justice Committee is currently scrutinising the lengthy justice reforms. Stage one scrutiny for that legislation is expected to last until at least the Easter recess.
However, the Scottish Government confirmed to the Sunday National that it expects the legislation to be introduced to parliament between January and June 2024, with scrutiny to take place between April 2024 and March 2025.
The bill is set to introduce five new offences, including misogynistic harassment and behaviour, as well as a statutory aggravator of misogyny, which could lead to a stricter sentence if proved that the perpetrator demonstrated misogyny while committing a crime.
Sending threatening or abusive communications to women or girls, which reference rape, sexual assault or disfigurement, and stirring up hatred against women and girls, could also be made offences.
Rape Crisis Scotland, who are supportive of the legislation, welcomed the legislation being timetabled in the Scottish Government’s Vision Delivery Plan.
“Our work with survivors shows us just how prevalent misogynistic attitudes and behaviours are in Scotland, time and time again,” a spokesperson said.
“Women in Scotland should be free to live without fear of harassment and abuse. It creates a culture of fear and barriers to women and girls fully participating in society.
“We welcome these new proposed laws from the Scottish Government and are glad to see a timetable in place for their introduction.”
They added that the legislation would send a “clear signal” that misogynistic behaviour is not acceptable and will be taken seriously by the justice system.
“These laws can only play one part in ending misogynistic abuse,” the spokesperson added.
“Firstly, we need to see real action taken within Police Scotland so that all women, especially those from minoritised communities, feel able to report harassment and abuse safely. Secondly, we need to see a fundamental shift in societal attitudes towards women and girls, at all levels.”
Stuart Munro, convener of the Law Society of Scotland’s criminal law committee, said the body supports the “principle” of the creation of an offence of misogynistic harassment.
“The legislation will need to be carefully constructed if it’s to be effective and not result in unintended consequences,” he said.
“We will be examining the bill in detail when it’s published to ensure it is fit for purpose.
“Our support for elements of this proposed bill does not extend to the creation of an offence of ‘misogynistic behaviour’.”
Munro said the current definition of the offence is “too broad” and sets the bar of criminality “very low”.
He added: “Creating new criminal offences is never a simple task.
“The formal processes after the bill is first introduced to the Scottish Parliament will be critical if the final legislation is to be effective, and we’ll be engaging with all key stakeholders to provide our legal expertise throughout that process.”
The offence of misogynistic harassment in the bill would make it a criminal offence to behave in a way that amounts to misogynistic harassment directed at a group of women and girls or individuals.
Meanwhile, an offence of misogynistic behaviour would cover any actions which caused a woman or girl to experience fear, alarm, degradation, humiliation and distress which is not directed at a specific woman or group, and could not be defined as “harassment”.
