Domestic Abuse Bill

Debate between Lord Young of Cookham and Baroness Bull

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, my normal reaction to an invitation from the noble Lord, Lord Russell, to sign an amendment on social reform is to reach for my pen, but on this occasion I confess I hesitated—not of course having heard the compelling and moving speech he has just made. This is because, while a member of the other place, I spent 30 days with the Hampshire Constabulary, and a constant complaint was about the number of forms they had to fill in, regarding it as an unwelcome diversion from the prevention and detection of crime.

Amendment 146 would require the chief officer to provide information, presumably on a form, about domestic abuse crimes where the offender demonstrated hostility or prejudice based on sex. A strong case needs to be made for this, to which I will come in a moment. In addition to the requirement to fill in a form, the amendment raises the question as to how a chief officer might judge whether a crime involving domestic abuse might have been motivated by hostility or prejudice based on sex—given that there are varying motives for domestic abuse, as we have heard during earlier debates on the Bill, and often no witnesses.

To get a better understanding of the complex issues behind domestic abuse and hate crime, I went to the Law Commission document referred to by the noble Lord, Lord Russell, called Hate Crime Laws: A Consultation Paper. This is not light reading, weighing in at 544 pages, with a glossary and a foreword but no executive summary. But it did look, as the noble Lord has just said, at broadening the range of hate crimes to other categories, of which sex was one.

The relevant chapter for this debate is chapter 12, which looks at extending existing protected characteristics to gender or sex. It is 48 pages of closely argued and sympathetic analysis, which ends with a provisional recommendation, followed by a question:

“We provisionally propose that gender and sex should be a protected characteristic for the purposes of hate crime law. Do consultees agree? We invite consultees’ views on whether gender-specific carve-outs for sexual offences, forced marriage, FGM and crimes committed in the domestic abuse context are needed, if gender or sex is protected for the purposes of hate crime law.”


I appreciate that, as the noble Lord has just said, the amendment does not propose extending hate crime to gender or sex. However, the issues raised by the amendment are similar to those in the Law Commission’s document and, as I shall argue, the amendment offers the opportunity to shed light on the provisional conclusions of the Law Commission, and indeed helps to answer their questions.

To summarise the document, the commission identified three relevant criteria before extending hate crime. The first is demonstrable need—evidence that targeting based on prejudice or hostility towards a group is prevalent. The second is additional harm—evidence that that targeting causes additional harm to the victim, members of the targeted group and society more widely. The third is suitability—whether protection of this group fits within the framework of criminal law, is workable in practice, and is an efficient use of resources.

Again, to summarise, the first two boxes were ticked. On demonstrable need, the commission concluded that there is

“overwhelming evidence that women and girls are targeted for certain crimes”

because of hostility to their gender. On additional harm, it concluded that hostility causes

“harm to the social value of equality and can prevent women’s equal participation in society”

and so causes wider harm to that society.

On suitability, the commission is frankly more cautious. It points to the risk of dividing offences into misogynistic and non-misogynistic, and creating a hierarchy of offences. It also mentions the difficulty of proof. Proof is often difficult enough in domestic abuse cases, but having to prove that the offence was aggravated by prejudice against women could provide an additional hurdle.

The commission also touched on issues relating to resources. Hate crime resources are limited, prosecutions and convictions are down and, as we have heard in earlier debates, support services are under strain. I quote from the Law Commission report:

“In this light, one argument might be that resources for tackling violence against women and girls would be more efficiently spent on increasing access to all survivors, particularly survivors who encounter additional barriers to access such as BAME survivors or migrant survivors.”


This then led the commission to discuss the possibility, if hate crimes were to be extended to gender or sex, of carving out domestic abuse and sexual crimes from gender-based aggravation, as already happens in certain states in America. It conceded that this would lead to a certain incoherence in the law and stated:

“This raises much wider questions as to whether hate crime is the right framework for the criminal justice system to deal with gender-based crimes.”


On balance, the commission proposes that gender should be a protected characteristic, but qualifies this by making it provisional and subject to consultees’ agreement.

Why is this relevant to the amendment, which I support? Because I believe that not going outright to make gender-based crime a hate crime, but suggesting this interim step, helps to answer the questions posed by the commission and provides key information on practicality and suitability. As the noble Lord has just said, the amendment would secure the evidence about the extent, nature and prevalence of hostility towards women and girls, how these interplay with the experience of domestic abuse and the practicality of this proposed extension.

A better understanding of these issues is crucial. As we have heard, 11 out of the 43 police constabularies in England and Wales have made misogyny a hate crime, trialled the policy or are actively considering implementing it and voluntarily filling in the necessary forms—dealing with my initial reservation. The amendment would broaden the base by requiring all police forces to do this and so it would add to our understanding of the nature of violence against women and so how work to end it might be accelerated. If we go down this path, I hope the Minister will do this sensitively and cautiously, taking on board the points in the Law Commission reports. If carried, the amendment would be an important addition to this progressive piece of legislation.

[Baroness Bull (CB)]

My Lords, I rise to speak in support of this amendment, and I thank the noble Lord, Lord Russell of Liverpool, for his comprehensive introduction. It may be hard for some people to fully comprehend the role that misogyny and sexism play in the lives of women and the extent to which it permeates our every day: from offhand pejorative language that belittles feminine characteristics and female achievements, through lazy gender-based assumptions about preferences, capability and behaviours, to uniquely gendered insults and slurs.

At one end of the spectrum are behaviours and attitudes that might be considered by their perpetrators to be gallant or even protective of the “fairer sex”—what some researchers characterise as “benevolent sexism”. At the other end is the hostile sexism of overtly negative stereotypes and antagonism towards women; the kind of sexism that sees gender equality as attack on masculinity and the kind of sexism that is known to represent a significant danger to women.

We worry, with good reason, about social media platforms creating environments for this kind of misogyny. Indeed, research from the University of Pennsylvania on just one social media platform located more than 2.9 million tweets in one week containing instances of gendered insults. That averages 419,000 sexist slurs per day. That data is from 2019; we can only imagine that today’s figures might dwarf that number.

But perhaps we should worry more about the fact that this online aggression simply mirrors traditional stereotypes and attitudes towards women—a hostility based on sex that women experience everywhere: at school, at work, on public transport, in taxis, on the street and of course at home.

Research from Brazil and Turkey into the connection between sexism and domestic abuse shows a positive correlation between sexism and attitudes that legitimise abuse in intimate relationships. Put simply, men who hold sexist beliefs are more likely to translate them into actions through the use of coercion and force. The researchers make the point that, although benevolent sexism might be thought to promise some kind of protection for women as the perceived weaker sex, in fact this promise rings hollow. It found that benevolent and hostile sexism acted in a carrot-and-stick combination, with protective affection a reward for compliance, and abuse and violence the stick employed should the woman fail to fall into line.

Of course, the impact of sexism and misogyny within the home is doubly worrying. Not only does it have a grave impact on the abused partner; it is also likely to be witnessed and internalised by children, influencing their behaviours and expectations in their adult lives.

The noble Lord, Lord Russell, talked about the lack of knowledge about the experience of victims—the wisdom from their perspectives. This lack of focus is evident in the literature. There is a significant gap in our knowledge about how women experience misogynistic hate crimes. A Swedish study from September 2020 aimed to fill that gap, drawing from a sample of 1,767 female students. It showed that women with experiences of misogynistic hate crimes are more likely to be subjected to sexual harassment and repeat victimisation. They consistently report higher levels of a fear of crime and higher rates of anxiety, depression and stress.

The research supports the thesis that misogynistic hate crime is what is often called a “message crime”. Its negative effect extends far beyond the direct victim, because the offences spread fear and insecurity within entire minority communities and contribute to the marginalisation of particularly vulnerable groups.

As we have heard, this amendment would lead to the gathering of more data about the extent, nature and prevalence of sex-based hostility towards women and girls, and this would improve our understanding of how this intersects with domestic abuse. The very act of collecting this data would likely have benefits in itself.

As the noble Lord, Lord Young of Cookham, said and as we have heard, 11 out of 43 police constabularies in England and Wales already identify misogyny as a hate crime or are considering doing so. The increased rate of reporting in those areas suggests overall improvements in the ability of officers to identify these crimes but also increased confidence levels among women to come forward and report them. Requiring all police forces to follow their example would allow the capture of data on a national scale, supporting the gathering and analysis of evidence, revealing the patterns and extent of women’s experiences, and, ultimately, enabling the development of strategies that would protect women and girls from being targets of crime on the basis of their sex.