Violence Against Women, Hate and Law: Perspectives from Contemporary Scotland (Palgrave Hate Studies)

This book presents the first academic study offering a holistic assessment of violence against women (VAW) in Scotland, both online and offline. In particular, it focuses on VAW, hate crime, and online forms of violence against women (OVAW). It critically assesses the gaps in the hate crime protections in Scots Law, focusing specifically on the absence of legal protections for VAW, OVAW, hate crime, and gender-based violence, and it includes international comparisons throughout. Given the current upsurge in the abuse of women, this book offers a holistic assessment of the phenomenon of VAW and makes the case for pressing law reform in Scotland, specifically for legal protections against VAW and OVAW to be included within Scots Law. The book contains not only research findings but also makes practical recommendations for law and policy reform in the areas of hate crime, VAW and OVAW. As such, it contributes to Scotland’s progressive and leading approach to tackling violence against women and girls. Acknowledgements Contents List of Figures Introduction: Becoming Angry (Or Why This Book and Why Now) The Becoming of This Book The Structure of This Book Reference 1: The ‘Historical Curiosity’ of Violence Against Women in Scotland 1.1 Introduction 1.2 Violence Against Women: Law and Policy 1.2.1 Violence Against Women: What’s in a Name? 1.2.2 Violence Against Women, Hate and Misogyny: Law and Language Misogyny and VAW Hate Speech, Hate Crime and VAW 1.2.3 Violence Against Women: International Influences on the Scottish Voices 1.3 Violence Against Women in Scotland: From ‘Reclaim the Night’ to #MeToo 1.3.1 Post-Devolution Scotland and VAW: #GenerationEqual? 1.3.2 Scotland and VAW Today: #MeToo, #TimesUp and #ReclaimTheseStreets (Again) 1.4 Conclusion: Combatting VAW in Scotland: A Promising Future Or Sisyphean Task? References 2: (D)Evolved Policy-Making: Women and Scotland 2.1 Introduction: The Scottish Constitutional Settlement (And Women?) 2.2 The (D)evolution Settlement: A Watershed Moment for Women’s Opportunity in Scotland? 2.2.1 A Detour from Women’s Rights in Scotland: Establishing a Devolution Settlement? 2.2.2 What About Women? The Emergence of ‘Women’s Issues’ on a National Level 2.2.3 Developing Policy and Resetting Political Attitudes 2.3 VAW in Scotland: No Man Has the Right? 2.4 Progressivism in Scotland: Rhetoric Or Reality? 2.5 Conclusion: Conquering Inequality? References 3: Scotland’s History of Hate: From Public Order to Hate Crime and Back Again 3.1 Introduction: A History of Hate in Scotland 3.2 Recognising ‘Hate Crime’ 3.3 Hate Provisions in Scots Law: A ‘Different’ Model 3.4 Hate Crime in Scotland: An (Historical) Ever-Present Policy To-Do 3.4.1 Pre-Holyrood: England Leads the (Racial) Charge? 3.5 Holyrood Draws Its Own Line: A Portmanteau of Legislative Developments 3.5.1 Sectarianism, Transgender Identities and MSPs Amendments (1999–2003) 3.5.2 Hatred of Groups (2003–2009) 3.5.3 Scotland Take 2(020): Hate Reform Looms (Again) (2016–2021) 3.6 Conclusion: Scotland’s Post-HCPOA 2021 ... Future? References 4: Gender and Hate: A Scottish Perspective 4.1 Introduction 4.2 Hate (Re)defined and Gender Perspectives 4.2.1 Why Gender, Not Sex 4.2.2 Gender and Hate Crime: Challenges and Opportunities 4.3 Gender and Hate: Regulatory Lacuna 4.4 The Legacy of Failure: Hate Crime Act 2021 4.5 Conclusion References 5: Misogynistic Harassment 5.1 Introduction 5.2 Harassment 5.2.1 Harassment, Sex and the Workplace 5.2.2 Harassment: Power and Sex 5.2.3 360 Degrees of Harassment 5.3 Harassment and the Law 5.3.1 Harassment in Scots Law 5.4 Harassment in International Law 5.5 Misogynistic Harassment 5.6 Conclusions: “See It, See It, Not Sort It?” References 6: Online Violence: A Blanket of Digital Sexism? 6.1 Introduction 6.2 Online Violence Against Women: A Harmful Digital Epidemic 6.3 From Images to Text: An Unfolding Scottish Legal Panoply? 6.3.1 Equally (Digitally) Safe? 6.3.2 An Unfolding Panoply of Scottish Provisions (Online) Hate and Gender Image-Based Sexual Abuse Threatening Behaviour and Text-Based (Sexual) Abuse Misusing Communications Networks Draft Codes and Verbal Injury Back to (d)Evolution: The ‘Online’ Provisions 6.4 The 2020s in Scots Law: (Re)Reclaiming? References 7: Tackling VAW Through Scots Law: Alternative Proposals 7.1 Introduction 7.2 Amending the HCPOA 2021: Gender as a Protected Characteristic 7.3 Misogynistic Harassment and the Law: A Proposal 7.3.1 Proposed Draft Statutory Offence of Harassment 7.4 Conclusion References 8: Conclusion: Towards Ending Violence Against Women References Index