Transgender people will be given more protections under Scotland’s contentious hate crime legislation, according to SNP officials’ plans.
The Scottish Government is proposing novel legal measures to make it easier to prosecute those who engage in “conversion practices” in response to calls for the policy to be scrapped after authorities were flooded with thousands of complaints within a year.
Under the planned reform, attempting to “change or suppress” a person’s gender identity or sexual orientation, even as part of an attempt to help that person, would become an “aggravator” in cases in which another crime was committed.
If it could be demonstrated that their actions were motivated by a desire to “convert” someone, anyone found guilty of another offense would face a harsher sentence, possibly on the basis of a single piece of evidence.
The proposal would be part of a broad ban on conversion therapy, which would be independent from the hate crime law and was recently discussed by the Scottish Government.
The move, however, is intended to address “gaps within the law” and is intended to be applied to legal practices that are not subject to the Hate Crime and Public Order (Scotland) Act.
Recent laws governing legal aggravators, which cover transgender identity and other characteristics like race, religion, and disability, are included in the hate crime legislation.
The conversion treatment plans have generated a lot of controversy because they could face up to seven years in prison and criminal prosecution if they refuse to let their child “socially move” to survive as a member of the other sex. Also, if a family believed they were assisting their infant, the law would still be in effect.
The Government is currently considering extending these hate crime laws, according to Marion Calder, a producer with the For Women Scotland plan group. “Members of the public will find it unbelievable that, despite the fiasco created by these hate crime laws, the Government is currently considering doing so,” said Calder, a director with the For Women Scotland campaign group.
Any steps that an aggravator might be associated with are currently prohibited. This is merely an attempt to harm and demonize caring parents or medical professionals who act in a child’s best interests, according to the discussion.
The SNP Government should talk to people and front-line police officials and repeal these punitive laws rather than double down on them.”
The Scottish Government claimed the fresh aggravator was necessary because a jury would need to establish that a man was motivated by “malice or ill-will based on the sexual preference or transgender identity of the victim” in light of current hate crime rules.
In comparison, it is anticipated that those who believed they were aiding the “victim” may face legal repercussions as a result of the change counseling restrictions.
The consultation stated that by creating a new aggravator, prosecutors would have “flexibility” in how they dealt with offenders, even if they had not breached the conversion or hate crime laws.
According to the statement, “evidence from a second source” would be sufficient to meet the requirement for a harsher sentence and make sure there are no spaces within the law”.
Although it is unknown how many hate crime reports were made within the first week of the novel hate crime legislation, according to reports, up to 8,000 have been made.
The Scottish Police Federation, which represents front-line soldiers, claimed that people are reporting incidents based on their own or social hatreds, and that the situation is unsustainable.
But Angela Constance, the Justice Secretary, denied states that the quantity of information was impacting front line surveillance. She said she had a “reassuring” call with a deputy chief constable on Sunday night, who assured her that “the service was indeed coping”.
However, according to research conducted by The Telegraph, the number of hate violence reports is currently projected to outweigh yearly documented offenses in Scotland by the autumn.
Russell Findlay, the Scottish Tories’ justice spokesman, said Ms. Constance’s claims were “not only at odds with what front-line officers are saying but also the evidence”.
He added that SNP ministers must take reality, and that police must have the necessary training and resources if they refuse to support this fatal legislation.”
A spokesman for the Scottish Government said: “Our proposals for a moratorium on conversion methods do not call for a change to the Hate Crime Act. Our conversation on conversion practices ended earlier this month, and reactions will be analyzed and taken into account when drafting the Bill the Scottish Government did introduce into Parliament.”
