‘’Extending the concept, or extending the characteristics? Misogyny or Gender?

Abstract

Since March 2019 the Law Commission has been reviewing hate crime legislation, and in particular whether a sufficient range of characteristics are protected by the hate crime legislation. The review is considering, amongst other issues, whether the criminal law responds adequately to hostility based on sex or gender characteristics (with misogyny being a particular concern). It will also consider the current range of specific offences and aggravating factors in sentencing, and the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred of protected groups or characteristics. The report is expected in 2021. (Law Commission nd)

This chapter will engage with several crucial issues regarding hate crime: its misconception, the arguments for potential extension to include misogyny, or alternatively gender, and the difficulty of proving bias.