‘Sex’ to be designated as protected characteristic under hate crime law

There are protections in the Act for individuals’ rights in respect to freedom of expression for the new stirring up hatred offences. Hate crime is behaviour that is both criminal and rooted in prejudice and can be verbal, physical, online or face-to-face.

This will make it a specific criminal offence to stir up hatred against women, girls, men and boys because of their sex. The regulations will also allow courts to treat crimes motivated by hatred of someone’s sex as aggravated offences, which are considered more serious – including when passing sentence following conviction.

A consultation was held on the draft regulations, with 309 out of 365 responses supporting adding the characteristic of sex to both the stirring up of hatred offence and the aggravation. The final regulations now laid for MSPs’ scrutiny are largely unchanged from the draft.

The change will mean that women and girls have the same legal safeguards available under the Act to groups targeted by hate crime because of their age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.

Justice Secretary Angela Constance said: “These regulations will significantly strengthen legal protections for women and girls from offences motivated by prejudice and hatred because of their sex and they will ensure that Scotland’s justice system can respond appropriately.

“The changes will mean women and girls have the same protections as victims who are targeted because of a specific characteristic, such as age, religion or disability. 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 those new protections.

“The vast majority of responses received during the consultation on these proposals supported adding the characteristic of sex to both the stirring up of hatred offence and the aggravation.

“The regulations will come into force on 5 April 2027, giving Police Scotland the necessary time to update training and guidance and ensuring they are operationally ready for the change.”