Ending conversion practices in Scotland - consultation analysis: SG response

Intention

54. The intention to change or suppress a person’s sexual orientation or gender identity is a key part of the consultation’s proposed definition of conversion practices.

55. Questions 1 and 2 asked respondents to provide their views on the definition of conversion practices. This definition included the requirement that the conversion practice(s) be carried out with the intention to change or suppress an individual’s sexual orientation or gender identity. However, feedback on this element was limited as many respondents used these questions as an opportunity to express their overall agreement or disagreement with the proposals.

56. Where the intent requirement was highlighted in responses, some respondents who were against proposals overall stated that it would be usual for a criminal offence to require either an intent to cause harm, or recklessness as to whether harm was caused. They argued that the ‘intent’ element of the offence being intent to change or suppress sexual orientation and/or gender identity, rather than intent to cause harm, is unjust.

57. We note that the approach to the intent requirement that is set out in the consultation paper was developed to address the unique complexities of conversion practices in that many who carry out conversion practices undertake the harmful acts without the specific intention to cause harm. In fact, conversion practices are often carried out with the belief that they are being done to help an individual. In continuing to develop proposals for legislation, we will take account of the evidence mentioned earlier in this response, that conversion practices are harmful, regardless of who carried them out, or whether the harm was intended.