Response 877454380

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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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked No opinion
Please tell us why:
Any assault should simply be considered an assault. Is there really any requirement for the consideration of aggravating factors?

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
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Unsure
Please tell us why:
The language is more clear, but only if the two terms are linguistically equivalent.

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
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Unsure
Please tell us why:
It creates a different mechanism whereby the police will be able to effectively introduce thoughtcrime as an offence by the back door, by monitoring social media and real-world speech and taking comments out of context. Whole swathes of society will become criminalised on spurious grounds because 'demonstrating hostility' will be more broadly applied than it is intended. Changes in the law always have unintended consequences, and I worry that particularly noisy groups which falsely hide behind protected characteristics, will seek to abuse the law: for example, the misogynist element which currently masquerades as trans-activists, while seeking to erode the protections afforded to women - gay women in particular.

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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
Please tell us why:
Transgender identity is currently a matter of debate which has not been considered according to any rational scientific evidence - merely with the view of appeasing a noisy sub-minority of the LBGT community which is actively seeking to erroneously erode women's rights. This carries the huge risk of marginalising both women AND trans people who genuinely experience gender dysphoria.

Intersex people are not necessarily transgender, however I feel that transgender identity would be more accurately described as an intersex condition rather than the ridiculous situation we appear to have at present where misogynists in dresses and makeup are claiming to be women/female.

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
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Unsure
Please tell us why:
I think all 'hate crime' legislation should be simplified. All assaults should be considered in the same way. All sex crimes should be considered in the same way (and the conviction rate needs to massively increase). 'Hate crime' is an Orwellian concept which makes headlines, but I don't see the requirement for them to be on the statute book.

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:
I think all 'hate crime' legislation should be simplified. All assaults should be considered in the same way. All sex crimes should be considered in the same way (and the conviction rate needs to massively increase). 'Hate crime' is an Orwellian concept which makes headlines, but I don't see the requirement for them to be on the statute book.

Part Two – New Statutory Aggravations

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

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
Please tell us why:
What does this MEAN? If we are talking about violence against women, then that is not an issue of GENDER, it is an issue of biological SEX. Get the terminology right.

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

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
If you agree, please tell us why and provide examples of the types of behaviour that could be captured by this offence.
Harassment is harassment. Keep it that way.

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
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Unsure
If you agree please tell us why.
Misogyny must be tackled head-on, especially from the men who claim to be 'trans' and advocate the rape and physical assault of women - particularly lesbians.
Please provide examples of the types of behaviour that could be captured by this offence.
The behaviour on social media of men who claim to be 'trans' and advocate the rape and physical assault of women - particularly lesbians.

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

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
Please provide details:
This sounds utterly ridiculous.

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

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No (you may wish to go to Question 16)
Radio button: Unticked Unsure
Please give your reasons for your response
This should include prosecution of those involved in culturally unwelcome phenomena such as the Orange Walk and the behaviour of football fans.

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
Radio button: Ticked Yes
Radio button: Unticked No (you may wish to go to Q16)
Radio button: Unticked Unsure

16. If you disagree with the Working Group's proposed definition of sectarianism, what do you believe should be included in a legal definition of sectarianism?

Please give your reason for this
ALL religions, or violence committed by religious groups (e.g. the Orange Order) against society in general (i.e. their 'Walk').

17. The Scottish Government recognises that legislation on its own will not end sectarianism. What else do you feel could be done to address sectarianism?

Comments:
Educating children about Scottish AND Irish history, challenging stereotypes, acknowledging the existence of anti-Irish racism, forcing organisations such as 'Rangers' and Celtic to renounce their outdated ideologies, banning Catholic educational segregation in the public sector, banning the Orange Walk, forcing MPs/MSPs/Councillors to declare their affiliation with any type of religious organisation (including Rangers/Celtic)

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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
Please provide details:
What does 'hostility' mean? Pretty much all of Scotland is hostile towards the Conservative Party. Would we all end up as criminals because of this? Political entities deserve hostility. N.B. religious bodies and organisations are also political, and should not be afforded protection from hostility.

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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked 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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure

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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked 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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked 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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
Please provide details:
The proposals are too open to interpretation and potential abuse. This effectively introduces the offence of thoughtcrime.

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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked 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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure

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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure

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
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Unsure
Please provide details:
Legislation would need to protect people online by way of the police not being able to cherrypick comments outwith their context in order to create a misleading picture of someone's views.

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
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Unsure

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
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked No Opinion

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
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked 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
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked Unsure

35. What else do you think the Scottish Government could include in its proposals to update Scottish hate crime legislation?

Comments:
Leave existing laws alone.

About you

Are you responding as an individual or an organisation?

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(Required)
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