Prof of Criminal Law & Criminology
@SussexLaw
, FAcSS, Author of Criminalising Hate
@palgrave
. Chair
@IntHateStudies
. LGB with the T. Neurodiverse. He/him VAMO
I’m just a queer man speaking up for my trans and non-binary siblings ❤️🤷♂️ - without them we are not a whole community 🏳️🌈 🏳️⚧️
#TransRightAreHumanRights
USS data breach is serious. Members’ personal details including NI numbers all lost. Will USS be compensating members for the GDPR breach (leg states compensation for both material & non material loss)? 12 months access to a monitoring service is not sufficient.
@UCU
any advice?
1. The Hate Crime and Public Order (Scotland) Act 2021- a thread.
There’s been lots of misinformation abt the Act's imminent commencement; especially re misgendering being prosecuted as a “stirring up of hatred” offence. Here are some points of clarification about the provisions
Just bc anti-trans activists, politicians & journalists keep repeating the phrase “gender identity ideology” it doesn’t make it a thing. Everyone has a gender that forms part of their identity. And we should all have the right to express our gender in a way that is true to us
Conclusion: jokes/comms referring to the new PCs are highly unlikely to ever meet these legal thresholds unless the person in qu intentionally uses abusive/threatening lang AND intends to stir up hatred. Even then, FoE rights would be considered before pros can take place. End.
An often lost nuance of equality law after the Forstater case is that while GC beliefs (of the type held & expressed by Forstater) are protected under s.10 of the EA, the manifestation of those beliefs via misgendering is NOT afforded that same protection
New Labour transformed my capacity to participate more fully as an equal member of society (equalising age of consent/ repealing s.28/ bringing in civil partnerships etc). It feels like things are starting to reverse and Starmer is nowhere to be seen.
2. The first thing to note is that “stirring up of hatred” provisions are not new to Scotland. Stirring up racial hatred has been on the statute books since 1965. Stats show that there are very few prosecutions for such offences each year-between 2006-2016 there were just 9 cases
As a prof of criminal law and criminology working in the field of hate studies, I felt it necessary to respond to what amounts to some very misleading assertions made in this article by
@ProfAliceS
p/1 via
@spectator
It depresses me to see individuals from historically marginalised groups that have only just begun to get a glimmer of equal rights, scrambling out of the grips of oppression only to instantly join those responsible for the inequities that previously held them back…
3. The Act extends existing provisions to cover more PCs (age, disability, religion, sexual orientation, transgender identity, and variations in sex characteristics). HOWEVER these new provisions are actually much stricter than those in place for stirring up of racial hatred
'“New research by Just Like Us has found that lesbians are the most likely of the whole LGBTQ+ community to be supportive of trans people” - ‘Lesbians being anti-trans is a lesbophobic trope'
6. For example in England and Wales almost identical provisions for stirring up sexual orientation hatred enacted in 2008 have resulted in only two convictions - that I am aware of.
My new book Criminalising Hate: Law as Social Justice Liberalism
@Palgrave
comes out next week.
@SussexLaw
will be hosting a Panel Discussion (hybrid event) including
@jschweppe
&
@DrZoeJames
to launch the book, sign up here:
4. First, prosecution must prove that someone has used “threatening or abusive” language/behaviour (note for racial hatred the word “insulting” is also included - indicating that for other PCs language/behaviour must be more than merely insulting). AND
7. The Law Commission for England and Wales carried out a review of these laws in 2021. It found the following “We did not receive any evidence of the existing stirring up offences being prosecuted in a way which amounted to an improper interference with freedom of expression…”
5. Second, pros must then prove defendant “intended” to “stir up hatred” (NB for racial hatred test also includes “a reasonable person would consider the behaviour/communication of the material to be likely to result in hatred being stirred up”) Proving intention is much harder!
9. Note also while the word “hatred” is not defined in the legislation it is generally considered to require a greater degree of animosity than stirring up “prejudice” (ill will/malice) - which is the word used in the other hate crime provisions.
10. Third, the prosecution must then consider “freedom of expression” rights. S. 9 of the Act states “behaviour or material is not to be taken to be threatening or abusive solely on the basis that it involves or includes discussion or criticism of matters” relating to the PCs
8. “… On the contrary, prosecution of such offences has almost invariably occurred in the context of expression which would fall outside the protection of Article 10 altogether, or which amounts to encouragement of crime or violence.”
Really thrilled and honoured to have won the
@BscHcn
Sophie and Sylvia Lancaster Prize for my book “Criminalising Hate: Law as Social Justice Liberalism”
@palgravecrim
Wish I could have been there with you all!
Just found out that one of the researchers working on an international LGBTQ+ hate crime project I am part of was shot & killed. It’s suspected to have occurred because of the work they do. Please send out love & support to all LGBTQ+ people u know. It’s needed now more than ever
Our new podcast series "Hate Crime on the Two Islands" is launching tomorrow. Co-hosted with
#hatecrime
smarty
@jschweppe
, we cover a range of pressing issues relating to law reform across UK & Ireland. 1st ep: What is Hate Crime? with
@NeilChakraborti
& Prof Barb Perry
#HCAW2022
In years to come researchers and students will use
@thetimes
as the media output that epitomised the stigmatisation of trans people. It will apologise and say it’s changed. That is, until the next target comes along. RIP Brianna Ghey. You deserved better from them all.
We are appalled to note that
@thetimes
have now updated their article on the killing of Brianna Ghey to remove all references to her being a girl and to add her deadname.
Previous version:
Current version:
Blown away by the support from colleagues & friends at the book launch for Criminalising Hate yesterday - thank you to everyone who helped make the book happen and a special thanks to
@jschweppe
&
@DrZoeJames
for their thoughtful & kind words as panel discussants ☺️
Today my husband and I march in
@PrideInLondon
. It’s always a fun day. But beyond the glitter and glam, Pride remains a really important form of protest. Here’s a reminder of just "some" of the reasons why:
1/10
@stephenwhittle
They are utterly obsessed Stephen. They can’t bear seeing other people happy because they are so very fearful all the time of the world around them. It’s sad that so many people feel that threatened by you they are compelled to try and diminish you. Trouble is it doesn’t work.
Was my absolute pleasure to speak at the
#policelgbt23
Conference. I admit I was a little sceptical about what kind of reception I would receive, but have been blown away by PCs speaking truth to power & a genuine desire for structural reform to address institutional homophobia
This week has undoubtedly been the toughest of my career. For a moment I thought I might stumble. But I didn’t, and today I’m travelling to attend an international convening on LGBT+ rights. We won’t be silenced by the growing minority of bigots that want to eradicate us
Really honoured to be appointed a Fellow of the Academy of Social Sciences
@AcadSocSciences
Looking forward to working more closely with them to promote the important work of social scientists researching the causes/impacts of prejudice & hatred
There were 4,355 anti-trans hate crimes recorded by the police last year. That is an increase of 56% from the previous year & an increase of 255% over the past 5 years: p/7
This is where the GCF movement to “protect” women’s spaces ends. It’s not just totally foreseeable but already happening. It’s not only trans ppl who suffer but gay/lesbian/queer women (in particular) who do not conform to gendered expectations about how women should look.
A lesbian cisgender women is escorted out of the women’s bathroom by police because a Karen called the cops on her think she was a man.
Bathroom transvestigations are only about enforcing gender conformity. Nothing else.
Copies of the new book have finally arrived. If anyone is interested in a copy see 20% voucher in linked tweet. The book presents a theory of criminalisation I refer to as “social justice liberalism”. It also outlines a series of recommendations for legislating for
#hatecrime
The constant focus on trans people as a threat to the safety of cis women in this country is directly leading to people taking their own life. This amounts to a public health crisis that is affecting many of the most vulnerable and marginalised people in our society. 1/2
Fantastic “parliamentary” debate today on the hate crime module. The Love Not Hate Party moved to read the Pride Flag Desecration Bill a second time. Compelling argumentation from both sides of the “Sussex House of Commons”. The Bill eventually passed 8/2. No abstentions. ORDER!!
Maria Moscati &
@NFerreiraSussex
introduce their ground breaking
@queerjudgments
project with a poem and interpretive dance. Queering the norms of the law conference. Loved it!!
Certain celebrated criminologists, whose work I have spent a lot of time reading, lost my respect when they amplified the voices of transphobia. Such a shame that a leading voice focused on tackling racism & improving social justice turns to those who want oppress other groups 😔
If you’re interested in understanding more about why & how we ought to criminalise different forms of hate, my new book “Criminalising Hate: Law as Social Justice Liberalism” is on sale
@Palgrave
and is now “relatively” affordable 🙌
#hatecrime
@BluskyeAllison
Not quite accurate. There are only two types of “hate crime” in criminal law. Racially and religiously aggravated offences (covering 11 offence types). They can be committed where an offender is motivated by hostility (mens rea) or where hostility is “demonstrated” (actus reus)
The fact is, the GI of victims is typically not recorded by police. My research @ Met few years ago found that they recorded a binary response for a victim's gender/sex "male/female". This means other GIs of crime victims is largely unknown: p/3
My new book ‘Criminalising Hate’ is published today by
@palgravecrim
. It’s a little pricey (let’s blame inflation) but I have a 20% off code if anyone wants it 😊.
#hatecrime
Graduation ready. Wishing all the lovely law students
@SussexLaw
all the very best in your future endeavours, it’s been an absolute pleasure having you on all my modules.
It’s as if sticking around to fight for everyone’s rights is too great a risk to their new found privilege. Trouble is they’re only one fragile step away from dragging everyone from those communities back to square one, including themselves.
Here it is, our first episode “What is a Hate Crime?” part of the new podcast series Hate Crime on the Two Islands.
@jschweppe
and I talk to
@NeilChakraborti
and Prof Barbara Perry about the intricacies in defining this growing issue
#HCAW2022
My article summarising hate crime law and the complexities of prosecuting hate speech offences. “Why even police are confused about hate crime law”
via
@ConversationUK
Hate crime doesn’t just “hurt more” because it causes greater emotional trauma, it is also a form of “group oppression” that leads to the marginalisation of entire communities who feel powerless. It leads to hostile environments that encourage further acts of hatred
#BSCSurrey22
Working alongside
@HumanDignityT
,
@LgbtiSey
and CSO reps from 8 other countries across Southern Africa who are working tirelessly to tackle LGBTQ+ hate crime. Reps are all inspiring and learning so much 🏳️🌈 🏳️⚧️
Off to the
@BSC_Surrey2022
. Really looking forward to this year’s conference which has a focus on
#hatecrime
. I’ll be presenting findings from my new book Criminalising Hate: Law as Social Justice Liberalism (forthcoming with
@palgravecrim
)
@RoseSchmits
Rose, so sorry you have to endure this frustration and exhaustion because of a minority of very vocal bigots. Sending solidarity. Loved seeing you last night on
#PotteryThrowdown
Disability hate crime is a pernicious form of victimisation with often devastating effects. The stories from victims at today’s
#DHCConf22
are heartbreaking. Targeted victimisation of disabled people is a form of prejudice & the CJS must do more to address it as hate crime!
Was honoured to have been invited to this convening by
@HumanDignityT
&
@LgbtiSey
in Seychelles. Hate crime laws aren’t “the” answer to tackling prejudice-based violence, but I do believe they can be an important part of it.
Ozzie has decided he wants to help me review/grade research outputs today. He’s insisting that criteria for 4* includes mentions of “treats” and “Walkies”. Any mention of “brush” and “bath time” gets an instant 0. I wonder whether this is an improvement on current criteria?
#REF
@OwenJones84
She, and others like her, are trying to get “cancelled” so they can scream hysterically that they’ve been cancelled while simultaneously increasing the size of their platform in order to spew more of their bile
1. The Hate Crime and Public Order (Scotland) Act 2021- a thread.
There’s been lots of misinformation abt the Act's imminent commencement; especially re misgendering being prosecuted as a “stirring up of hatred” offence. Here are some points of clarification about the provisions
@DrIreneZempi
presents findings on the increase in reported hate crimes at football matches. The numbers increased from 131 to 191 (2019-20) and incidents are often intersectional (racism, Islamophobia and misogyny)
#Bsc_surrey2022
Remembering and honouring the lives of trans and gender-diverse people who were reported murdered in the past 12 months. Many many more will have tried to, or will have taken their own lives due to the constant barrage of hostility & hatred
#TransDayOfRemembrance
#transally
In what sometimes feels like a sea of anti-LGBTQ hatred at the moment, I have been so moved by the love and inclusivity that is
#Eurovision
. Liverpool, you are absolutely stunning - what a place! Has been emotional. Sweden here we come.
#UnitedByMusic
The article states "during the ten-year period between 2013-2022 only four homicides of trans people were recorded in the UK... During the same period, 7,118 homicides were recorded... This suggests that murders of trans people were a tiny fraction of all murders, 0.056 [%]" p/2
The Sussex Hate Crime Project carried out a series of large surveys of LGBTQ+ people. It found that 54% of trans people reported more than 3 instances of verbal abuse & 13.5% reported more than 3 physical assaults in past 3 years. p/8
A “hate group” can be defined as an org or social movement that advocates & engages in activities aimed at spreading hatred, prejudice & discrimination against individuals/groups with a protected characteristic
I wonder whether such a label ought to apply to the UK gov?
It is perhaps not without irony that the author concludes "They [trans lobby] groups should instead focus on educating people on why accurate data on both sex and gender identity are important for research and policy." Here are some accurate stats on anti-trans victimisation. p/6
We need a collective and ongoing response to supporting trans people. I want also to say, I am surprised and disappointed that academics on this site and elsewhere who have researched LGBT hate crime have stayed silent on the issue. Speak up and show solidarity. Silence can kill.
Resisted Twitterdom for long enough. Hoping to contribute something - not quite worked out what that’ll be just yet. But to start, here’s a pic of my little munchkin Ozzie
#newtotwitter
#cavapoo
The students came up with a range of types & models of
#hatecrime
leg today when acting as legislators. Illustrated to me that no matter how much I “try” to persuade them of my own recommendations they all have their own views & ideas about how it should all work 😊 (proud face)
My perspective of
@UKLabour
under Starmer is that they’re:
1. Anti-trans
2. Anti-immigrant
3. Pro Brexit
4. Won’t be investing adequately in NHS
5. Won’t pursue progressive taxation
6. Punitive (rather than restorative) on crime
Why would anyone left wing vote for them?
10 yrs after
@metpoliceuk
’s failure to properly investigate the murder of 4 gay men (& other SV victims) & 2 yrs after an inquiry found their negligence contributed to the deaths of 3 of Port’s victims,
@policeconduct
will FINALLY investigate 8 officers. Wonder what took so long?
@BBCNews
the “Act… makes it a criminal offence to make derogatory comments based on [the listed protected characteristics]”. This is misleading! It is an offence to use “threatening or abusive” speech that is “intended” to stir up hatred
Instead, data on homicides of trans people are based on the Trans Murder Monitoring project. They attempt to identify cases by searching the "Internet, along with those murders that are reported to us by local activists or our partner organizations". p/4
By comparison, 19.5% and 1.5% of non-trans* [LGB] participants experienced more than 3 instances of verbal abuse and physical assaults during the same period. LGBTQ+ people disproportionately experience targeted abuse - trans people even more so p/9
As this individual has attempted to outline why
@stonewalluk
is wrong here, I thought I'd provide some further info as to why his analysis of the law is incorrect. Firstly, like the CPS, Stonewall is using "hate crime" as short hand for "aggravated offences"... P/1
1/ Law is never Stonewall's strong suit and here they are again with the normal incoherent dross they come out with. Remember this lot think asexuals go through "conversion therapy" and that "non binary hate crime" exists. Let me explain why they are, as usual, hopelessly wrong.
Poor Andrew is getting into such a fluster about this new legislation that I think he’s missed the fact that the section/provisions he refers to here have been law since 1986 (with similar provisions being in place since 1965). Why only now is it such a threat to free speech?
Police Scotland says the “Hate Monster” is most likely to lurk in young men with “deep-rooted feelings of being socially and economically disadvantaged, combined with ideas about white-male entitlement.” This sounds to me quite hateful/insulting/abusive about a section of
Will be on
@BBCradio4
#AntiSocial
with
@adamfleming
at 12pm discussing race hate crime stats and how racial hostility has been been defined and interpreted in law