My Lords, I rise to move Amendment 146 in my name, supported by the noble Baronesses, Lady Bull and Lady Jones of Moulsecoomb, and the noble Lord, Lord Young of Cookham. I will explore this relatively fully because it is, I think, the first time that misogyny, per se, has reared its ugly head in this Bill, so I hope that the House will forgive me if I go into detail to explain why I think it is important to consider it.
What, then, is the issue? What is this about and why on earth would anyone want to open what some might consider the Pandora’s box of recognising the link between misogyny and domestic abuse? Indeed, is this the “woke police” on the march, or is there actually a reason behind it?
Violence against women does not occur in a vacuum. Hostility towards them generates a culture in which violence and abuse are being tolerated, excused and repeated. Changing that means challenging not only individual acts of abuse but the very roots of the culture that enables it. Gathering the evidence about
the extent, nature and prevalence of hostility towards women, and how these interplay with the experience of domestic abuse, is crucial to recognising these connections.
At Second Reading I mentioned the dreadful case of Kellie Sutton, a mother of three children under 15 who killed herself in 2017 after suffering five months of psychological and physical abuse from her partner, who was subsequently jailed for four years and three months and, in addition, given a 10-year criminal behaviour order requiring him to tell the police of any sexual relationship lasting more than 14 days that he enters into. Why is this case relevant to the amendment? It is because the perpetrator had already been reported to the police in previous years by three different partners. In his regulation 28 report to prevent future deaths, the senior coroner for Hertfordshire highlighted the fact that police records failed to flag up that this was a repeat domestic abuse perpetrator. The previous three complaints had been filed away as non-crime reports, which meant that the police would have found a link to the perpetrator only if they had searched for the victims, since no reports at all had been filed against the abuser. The coroner concluded in his report:
“This sort of information is clearly of value to inform officers’ decision making, when dealing with a report of potential domestic abuse and clearly of value when seeking to safeguard more widely the vulnerable parties in abusive relationships.”
The amendment seeks to do that by learning from the experience of the police forces around the country which have started to record misogyny as a hate crime. By requiring all police forces to do that and to assess how it influences incidents of domestic abuse, the amendment seeks to add to our understanding of the nature of violence against women and so the work on how to end it.
We are all aware that police forces are very stretched in their manpower resources, and that they approach domestic abuse incidents with great caution. Given the pressures that the police are under, why have some forces voluntarily taken on what some might regard as just more form-filling or box-ticking? The evidence of where misogyny has been identified as a hate crime to date by police forces in their recording of crime has been that it helps increase the understanding of the causes and consequences of violence against women. It is critical that every case of domestic abuse should be taken seriously and each individual given access to the support they need.
Both men and women may experience incidents of interpersonal violence and abuse but women are considerably more likely to experience repeated and severe forms of abuse, including sexual violence. They are also more likely to have experienced sustained physical, psychological or emotional abuse, or violence that results in injury or death. There are important differences between male violence against women and female violence against men; namely, the amount, severity and impact. Women experience much higher rates of repeated victimisation and are much more likely to be seriously hurt or killed than male victims of domestic abuse.
In one study of 96 cases of domestic abuse recorded by the police, it was found that men are significantly more likely than women to be repeat perpetrators and
to use physical violence, threats and harassment. Over a six-year tracking period, the majority—83%—of recorded male perpetrators had at least two incidents of recorded abuse, with many having a lot more and one man having no fewer than 52 repeat incidents, whereas in cases where women were recorded as the perpetrator, the majority, 62%, had only one incident of abuse recorded, and the highest number of repeat incidents for any female perpetrator was eight, compared with 52.
In 2016 Nottinghamshire Police became the first police force in the country to enable women and girls to report cases of abuse and harassment as misogyny under their misogyny hate crime policy. Misogynistic hate crimes recorded by the police since Nottinghamshire adopted that policy include stalking, groping, indecent assault and kidnapping. While they initially did not include domestic abuse in that reporting as it was already being recorded as a form of crime, those involved in the scheme now say:
“Our experience of delivering training to the police tells us that, even though domestic abuse is not included within the hate crime policy, officers are often able to recognise that misogyny is likely to be at the root of this too. Similarly, we are aware that misogyny hate crime can act as a bridge to women talking about (and recognising) other forms of violence against women. Where women may feel that domestic abuse is something that happens to other women and is not linked to inequality, they are more readily able to recognise this with misogyny hate crime.”
Following Nottinghamshire’s example, the police forces in North Yorkshire, Avon and Somerset, and Northamptonshire have also made misogyny a hate crime, and are therefore already recording these figures to enable such an approach. The amendment would require other police forces to follow suit. Women’s Aid reports that police forces that are recording misogyny have not seen an influx of reporting of wolf-whistling but instead have received a growing number of reports of serious sexual harassment and assault. Making misogyny a hate crime would mean simply that police forces logged and monitored such incidents and thereby enabled to create a fuller picture of the problem, support victims and make them aware of where incidents were recurring. Indeed, women and girls need to feel that their concerns are being taken seriously by the police and that misogyny is not normalised. Categorising and calling out misogyny wherever it occurs would send a clear message that such behaviour was not acceptable, and should prevent more serious offences in the long term.
As we all know, domestic abuse cases have risen dramatically during the pandemic crisis, with cases of domestic homicides doubling in the UK. The Bill states that the Secretary of State must give guidance on the kinds of behaviour that amount to domestic abuse. The amendment states that the guidance should further take account of
“evidence about the relationship between domestic abuse and offences involving hostility based on sex.”
While there is no legal definition of “hostility”, the Crown Prosecution Service uses the everyday understanding of the word, which includes ill will, spite, contempt, prejudice, unfriendliness, antagonism, resentment and dislike. The amendment seeks to build on that concept. It would ensure that all police forces in England and Wales recorded any crimes where the
victim or any other person perceived the crime to be motivated by this hostility or perceived the perpetrator to have demonstrated hostility in committing the crime. The police would then also be required to assess how that interacted with domestic abuse by making an assessment of how many of those crimes met the definition as set out in this legislation.
Proposals to recognise misogyny as a category of hate crime would therefore not make anything illegal if it was not illegal already. Instead, the amendment would help build our understanding of the forms of violence and abuse that women experience by ensuring that all were recorded. Those working in areas where this approach is being taken have reported the transformative effect that it has had on safety. As Helen Voce, CEO of the Nottingham Women’s Centre, pointed out:
“Misogyny is the soil in which violence against women grows.”
That is why we need to tackle it.
Following an amendment to the upskirting Bill, Her Majesty’s Government instructed the Law Commission to carry out a review of all hate crime and to consider incorporating misogyny as a new category of hate crime. The commission notes that there were 67,000 incidents of hate crime based on gender in 2018, 57,000 of which were targeted at women. Without recognising the role of misogyny in the experiences of women, our legal and criminal justice system masks the true extent of hostility based on gender.
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This review is ongoing as it has been delayed due to the crisis. It is now due to report in July this year on how it will consult on recognising misogynistic crime within our legal system. In its interim report, the Law Commission said:
“Given that hate crime laws apply to existing criminal offences, the addition of sex and gender characteristics as a protected category would implicate any criminal offence committed in the domestic abuse context. Part of our consultation paper must therefore carefully consider how sex/gender-based hate crime protection might operate in overwhelmingly gendered contexts such as domestic abuse.”
While it is absolutely right to await the outcome of this review for the new legislation required to recognise misogyny within our criminal justice system as an aggravating factor, this amendment complements this work by gathering data about these crimes in a consistent fashion across England and Wales ahead of any legislative proposals. I beg to move.