Scotland proposes to criminalise humiliating behaviour routinely directed at women and girls

A consultation has been launched on the draft reforms, which would create five new laws to provide police and prosecutors with new powers to tackle the corrosive effects of misogyny, the Scottish government confirmed on Wednesday, March 8.

The proposals are based on the recommendations made by the Working Group on Misogyny led by Baroness Kennedy. This concluded that the harmful effects of misogyny meant women and girls required new protection through criminal law.

Under the proposals, the scope of how current laws tackle misogynistic abuse would be expanded to include threatening, abusive or sexual behaviour directed towards women or girls – because of their gender– which is likely to cause them to feel degradation, humiliation or distress.

It would also be used to tackle situations where women or girls are subjected to threatening or abusive messages about rape, sexual assault or disfigurement – either in person or online.

Justice Secretary Keith Brown said: “Baroness Kennedy’s report was stark in its assessment of the level of misogyny that exists in Scotland. Women and girls are routinely humiliated, touched, groped, undermined, trolled and objectified both online and off, and subjected to threats, harassment and abuse about their looks or desirability – stopping them from fully participating in society.

“Although there is already a range of laws that can be used to prosecute aspects of misogynistic harassment and abuse, these do not accurately identify the particular harm caused by misogyny. They also fail to adequately respond to problems faced by women, which is why we are consulting on further criminal reforms.

“And while criminal law reform alone cannot be expected to eliminate misogynistic abuse or the attitudes which perpetuate it, these specific criminal protections are an important step in challenging society’s – and particularly men’s – tolerance of misogyny.

“I encourage everyone with an interest to consider what is proposed and offer their views.”

Baroness Helena Kennedy KC said: “For too long the law has not been drawn from the experience of women. It is time to hear from girls and women about what they think should be included in law so that they can be treated as equals and live free from abuse and denigration.”

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