Response 604573316

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Part One – Consolidating and Modernising Hate Crime Legislation

1. Do you think the statutory aggravation model should continue to be the core method of prosecuting hate crimes in Scotland?

Please select one item
Yes
No
No opinion

2. Do you think that the language of the thresholds for the statutory aggravations would be easier to understand if it was changed from ‘evincing malice and ill will’ to ‘demonstrating hostility’?

Please select one item
Yes
No
Unsure
Please tell us why:
"Demonstrating hostility" is more precise and direct.

3. Do you think changing the language of the thresholds for the statutory aggravations from ‘evincing malice and ill will’ to ‘demonstrating hostility’ would change how the thresholds are applied?

Please select one item
Yes
No
Unsure
Please tell us why:
May do away with punishments for less extreme hate crimes due to the change/lack of specificity in the language

4. Do you think that variations of sex characteristics (intersex) should be a separate category from transgender identity in Scottish hate crime legislation?

Please select one item
Yes
No
Unsure
Please tell us why:
The identities can interlink but we shouldn't presume that they do

5. Do you think that the terms used in Scottish hate crime legislation in relation to transgender identity and intersex should be updated?

Please select one item
Yes
No
Unsure

6. If you think that the terms used in Scottish hate crime legislation in relation to transgender identity and intersex should be updated, what language would you propose?

Please tell us why:
More neutral language: "they" instead of "he/she"
Complete purge of the term "transsexual"
Separation of the legislation - transgender and intersex are separate

Part Two – New Statutory Aggravations

7. Do you agree with Option A to develop a statutory aggravation for gender hostility?

Please select one item
Yes
No
Unsure

8. Do you agree with Option B to develop a standalone offence for misogynistic harassment?

Please select one item
Yes
No
Unsure

9. Do you agree with Option C of building on Equally Safe to tackle misogyny (this would be a non-legislative approach)?

Please select one item
Yes
No
Unsure
Please provide examples of the types of behaviour that could be captured by this offence.
Catcalling
Sexual harassment in the workplace/professional settings
Intimidating behaviour in public places
More effective punishments for violence/harassment against men.

10. Do you agree with Option D of taking forward all of the identified options? (This would include development of a statutory aggravation based on gender hostility (Option A); development of a standalone offence relating to misogynistic harassment (Option B); and work to build on Equally Safe (Option C)?

Please select one item
Yes
No
Unsure
If you agree, please tell us why.
There aren't enough legislation/clear language towards these offenses

11. Do you think that a new statutory aggravation on age hostility should be added to Scottish hate crime legislation?

Please select one item
Yes
No
Unsure

12. Do you think there is a need for sectarianism to be specifically addressed and defined in hate crime legislation?

Please select one item
Yes
No (you may wish to go to Question 16)
Unsure
Please give your reasons for your response
Sectarianism is on the rise worldwide and it makes no sense not to have legislation for it

13. If your response to question 12 was yes, do you think a statutory aggravation relating to sectarianism should be created and added to Scottish hate crime legislation?

Please select one item
Yes
No (you may wish to go to Q16)
Unsure

14. If yes to question 12, do you think a standalone offence relating to sectarianism should be created and added to Scottish hate crime legislation?

Please select one item
Yes
No
Unsure

15. If your response to question 12 was yes, do you agree with the Working Group that sectarianism should be defined in Scots Law in terms of hostility based on perceived Roman Catholic or Protestant denominational affiliation of the victim and/or perceived British or Irish citizenship, nationality or national origins of the victim?

Please select one item
Yes
No
Unsure
Please give your reason for this.
Scotland has along history of these offenses and it stands to reason that the legislation should cover these offenses specifically

18. Do you think that a new statutory aggravation on hostility towards a political entity should be added to Scottish hate crime legislation?

Please select one item
Yes
No
Unsure

19. Do you think that a new statutory aggravation should be added to Scottish hate crime legislation to cover hostility towards any other new groups or characteristics (with the exception of gender and age)?

Please select one item
Yes
No
No Opinion

20. Do you think that the religious statutory aggravation in Scottish hate crime legislation should be extended to include religious or other beliefs held by an individual?

Please select one item
Yes
No
Unsure
Please provide details:
All religious discrimination is prevalent in Scotland

21. Do you think that the statutory aggravations in Scottish hate crime legislation should apply where people are presumed to have one or more protected characteristic?

Please select one item
Yes
No
Unsure

22. Do you think that the statutory aggravations in Scottish hate crime legislation should apply where people have an association with that particular identity (relating to religion, sexual orientation, age, gender, race, disability, transgender identity and intersex)?

Please select one item
Yes
No
Unsure

Part Three – New Stirring Up of Hatred Offences

23. Do you agree with Lord Bracadale’s recommendation that stirring up of hatred offences should be introduced in respect of each of the protected characteristics including any new protected characteristics?

Please select one item
Yes
No
Unsure
Please provide details:
It should but should also be considered that people change and mature and these attitudes they showed may not still be their view

24. Do you agree with Lord Bracadale’s recommendation that any new stirring up hatred offences should require that the conduct is ‘threatening or abusive’?

Please select one item
Yes
No
Unsure

25. Do you think that the existing provisions concerning the stirring up of racial hatred should be revised so they are formulated in the same way as the other proposed stirring up hatred offences?

Please select one item
Yes
No
Unsure
Please provide details:
Verbal abuse could be constituted as "insulting" and is still abuse

26. Do you agree with Lord Bracadale’s recommendation that there should be a protection of freedom of expression provision for offences concerning the stirring up of hatred?

Please select one item
Yes
No
Unsure
If you answered yes to the previous question, do you have any comments on what should be covered by any such ‘protection of freedom of expression’ provision?
One may have freedom of expression while also facing the consequences of what they say

27. Do you agree with Lord Bracadale’s recommendation that no specific legislative change is necessary with respect to online conduct?

Please select one item
Yes
No
Unsure
Please provide details:
Legislation with regards to online conduct should constantly be monitered and updated

Part Four - Exploitation and Vulnerability

28. Do you think a statutory aggravation (outwith hate crime legislation) should be introduced that could be applied when a perpetrator exploits the vulnerability of the victim?

Please select one item
Yes
No
Unsure

29. If you think a statutory aggravation (outwith hate crime legislation) should be introduced that could be applied when a perpetrator exploits the vulnerability of the victim, please provide details of the circumstances that you think such an aggravation should cover?

Exploitation (sexual, financial, etc)
Suicide baiting
Theft

Part Five – Other Issues

30. Do you think that Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 about racially aggravated harassment should be repealed?

Please select one item
Yes
No
No Opinion

31. What do you think the impact of repealing section 50A of the Criminal Law (Consolidations) (Scotland) Act 1995 about racially aggravated harassment could be?

It would make legislation more vague and punishment guidance less clear

32. Do you think that courts should continue to be required to state in open court the extent to which the statutory aggravation altered the length of sentence?

Please select one item
Yes
No
Unsure

33. Do you agree that no legislative change is needed in relation to the support given to victims of hate crime offences?

Please select one item
Yes
No
Unsure

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation