Letter to the Chair of the Misogyny Working Group

We sent the following email to Baroness Kennedy, the Chair of the Misogyny and Criminal Justice in Scotland Working Group on 18th March 2021:

Dear Baroness Kennedy,

We are writing to ask if you would call on the Justice Secretary to use the powers of Hate Crime and Public Order Bill (Scotland) to add sex as a category now, before Parliament goes into recess and at least until the work of your group is concluded. While the argument for inclusion was made in Parliament last week, it was narrowly defeated on a whipped vote. Recent events have made this more, not less, pressing.

As you will be aware, last night, members of the House of Lords backed amendments to ensure that a trial in recording Hate Crime aggravated by a “hostility based on sex” was rolled out across England and Wales, to be informed by the successful Nottingham pilot. We understand you will be examining this trial in detail. It is concerning that, while Lord Bracadale based his recommendation to include sex in the Scottish Bill on the back of the findings from these trials, this was dismissed by the Cabinet Secretary.

The Scottish Crime and Justice Survey was also released this week: it shows a fall of 39% in overall crime in Scotland in the decade to March 2020 except for sexual offences against overwhelmingly female victims, which continue to rise. These figures do not account for lockdown, during which period we know crimes against women rose sharply.

When giving evidence to the Justice Committee many groups argued that adding sex would enable data to be collected and training undertaken. We believe that such data and findings would be valuable in informing the work of your group and potentially identifying those gaps in law which the Justice Secretary believes exist. In the event that your recommendation was to add sex, a vital year – and potentially longer – may be lost. We would add that while Mr Yousaf has pledged to abide by the findings and act swiftly, there is an election in May and he has no guarantee that he will be in a position to fulfill this obligation.

Adding sex now would reassure women worried about the potential loss of momentum. In light of all that has happened and information that continues to emerge, it may reassure women who feel, naturally, frightened and angry by the relegation of their safety by this administration, especially in light of the protection afforded to others. If women were visible in the current public information campaign on hate crimes it would both encourage women to report crimes and provide reassurance that such reports would be taken seriously, and send the vital message to perpetrators that such crimes will not be tolerated in Scotland.

We look forward to seeing the progress and the recommendations of the working group.

A copy of this letter has also been sent to Humza Yousaf, Cabinet Secretary for Justice.

Kind regards,

Marion Calder, Trina Budge and Susan Smith, Directors
on behalf of For Women Scotland

Update 24 May 2021: No response has been received.

Draft guidance on collecting sex and gender data – feedback

The Scottish Government’s Sex and Gender in Data Working Group asked for feedback on their Draft Guidance. Our submission is as follows, and can also be downloaded as a pdf:

It is disappointing that the Draft Guidance does not give clear definitions for the terms sex, gender and gender identity, preferring instead to rely upon definitions provided by a range of other organisations, and without specifying an agreed definition to be used consistently by all organisations using the guidance.

The references cited from the World Health Organisation, the Royal Statistical Society, and the USA Federal Interagency Working Group on Improving Measurement of Sexual Orientation and Gender Identity in Federal Surveys all state that sex refers to biological characteristics yet the Draft incorrectly introduces a statement that this objective and biological classification can instead be an emotional feeling. 

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Sex and the Hate Crime Bill

Taken from our Twitter thread.

We continue to be bemused by the determination of some in the Scottish Government and funded organisation to dismiss and undermine important work on sex in hate crime because it does not suit a predetermined political agenda.

In writing his report, Lord Bracadale consulted widely and concluded that an aggravator of gender (sex) should be added to the Hate Crime Bill.

While taking on board the objections raised by a tight knit group of Scottish organisations, he nevertheless felt that a stand alone offence would be superfluous and risk confusion. He was also concerned that momentum might be lost if there was further delay in meaningful action.

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Letter to Health and Sport Committee

Following the confusion about sex and gender after media reports on the Committee’s meeting to scrutinise the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill, we wrote the following letter to the Committee on 26th June. It has now been published on the Committee’s page. A copy has also been sent to the Sex and Gender in Data Working Group.

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