Misogyny and Criminal Justice in Scotland Working Group: remit

Remit of the Misogyny and Criminal Justice in Scotland Working Group.

Phase one

  • build a picture of the experiences of women and girls in Scotland and internationally, applying a gendered analytical lens, through the consideration of existing data sets, literature reviews and lived experience
  • set out the principles which will support a shared understanding of how these experiences are influenced and/or driven by misogynistic behaviour and/or attitudes and where this behaviour is, or should be, a criminal offence. Develop an agreed working definition of misogyny

Phase two

  • consider the outputs of Phase One and map these onto the criminal law in Scotland as it stands 
  • identify whether there are gaps in the existing law and/or where there is a failure to implement existing legislation in a way that protects women and girls. This will include whether the characteristics of sex should be included within the hate crime framework as a statutory aggravation and/or if sex should be added to stirring up hatred offences (subject to the Bill as passed)
  • consider the legal practice in Scotland and internationally that offers the best protection for women and girls and examine how misogyny may be best tackled through a legal lens

Phase three

  • the core working group will work in partnership to develop a specific definition of misogyny within a Scottish legal context, taking account of behaviours that already fall within criminal law and actions that can be taken out with the criminal law to address women’s experiences relating to misogynistic behaviour or inequality, challenge men’s behaviour and wider societal attitudes
  • the working group will publish a report of its findings and recommendations by February 2022, as recommended by the Justice Committee
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