Neale Hanvey: I expect to be arrested under new Hate Crime and Public Order Act

In a few short weeks the Scottish Government’s Hate Crime and Public Order (Scotland) Act 2021 comes into effect and things will move from abstract debate into the real world of criminal prosecution.

The omission of Equality Act protected characteristics ‘sex’ and ‘belief’ means firstly, that women do not exist as a sex class for the purposes of the Act, and secondly, if you state that a woman is an adult human female in front of the wrong person, or write it in a social media post, you run the risk of being charged with a Hate Crime.

Or, if you complain about a male bodied person in a traditionally female-only space and they self-ID as a woman - Hate Crime.

Although the Act includes sexual orientation as a protected characteristic, it is silent on the definition of sex, so the same applies to lesbians and gay men who state they are attracted exclusively to same-sex partners. Seriously.

Such basic statements, even made in the privacy of your own home, could see you reported, arrested and charged by Police Scotland’s newly established Hate Crime Unit.

It goes without saying there is no place in a civilised society for any individual or public body to discriminate against any other individual or group in a way that is motivated by hostility or prejudice. So why leave women out?

Well, the Scottish Government say they are bringing forward separate misogyny legislation, but that bill also intends to include males who self-ID as women, and the Hate Crime Act will handily criminalise anyone who objects.

The bar for prosecution is extremely low. No witness or corroboration is required and the definition of “harassment” is poorly described and includes a wholly subjective test of “causing the person alarm or distress”. Such vague scope invites malicious complaints, prosecutions, conviction and ultimately incarceration.

Given my outspoken objection to this SNP and Green Party legislation I fully expect to be accused and arrested under this law. So far I’ve had repeated actions against me, I’ve suffered murderous threats and I’ve been dragged through the media for highlighting Gender Reform conflicts with women’s rights and child safeguarding.

Those pushing this illiberal legislation claim to be on the right side of history, they’re absolutely not.

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