Written submission from Nottingham Police (SPP0049)

Misogyny as a Hate Crime

Submitted on behalf of Nottinghamshire Police by David Alton, force Hate Crime Manager.

1. Executive Summary

1.1.  In May 2016 Nottinghamshire Police became the first UK police force to identify Misogyny as a specific hate crime strand. This submission charts the force’s journey and experience, including why Nottinghamshire Police did this in response to local feedback; why Misogyny was chosen to address the sexual harassment of women explicitly rather than Gender-based hate crime; what the force did to introduce it; the results of introducing Misogyny in terms of reported numbers and positive feedback from victims and the community; the largescale support received for a move supporting women’s emancipation and the opposition from men claiming their equality, and; the future work to evaluate the impact of the policy.

2. Background – Why Nottinghamshire Police Introduced Misogyny As A Hate Crime
    

2.1.  Issues of prejudice against women in Nottinghamshire were evidenced in Nottingham Citizen’s report, “No Place for Hate”. The inquiry uncovered a need for further work to identify and catalogue crimes and incidences perpetrated towards women solely because of their gender.

2.2.  Numerous examples of the types of behaviour experienced by women from men were provided through testimonies, such as: “I live in [a] place where I am unable to leave my house without being catcalled, whistled at or stopped for conversation by men who make me uncomfortable.”

2.3.  The inquiry recommended developing a multi-agency strategy to tackle the issue of violence against women. Nottinghamshire’s Safer for Women Steering Group collated feedback before staging an event at Nottingham Trent University in autumn 2015. This was widely attended and covered in the media and resulted in significant feedback to suggest that Misogynistic behaviour was a problem that needed addressing directly, which ultimately resulted in the (then) Chief Constable taking the decision to record Misogyny hate crime.

3. Why Nottinghamshire Police Chose Misogyny Over Gender

3.1.  After taking evidence feedback locally and nationally, Nottinghamshire Police took the decision to identify Misogyny specifically to identify the problem for what it is – behaviour by men against women. 

3.2.  Nottinghamshire Police recognises that it is possible for men for experience prejudicial behaviour by women. Its approach to hate crime has always been inclusive and has maintained an “Other” category to record hate crimes that fall outside of the five nationally monitored strands, so that the force is able to record what is generally termed ‘Misandry’. 

3.3.  However, the decision to record Misogyny was taken to be clear and upfront in identifying the real and present problem faced routinely by half of the population through application of the same principles that apply to other strands of hate crime – that they are victimised simply through their identity as women.

3.4.  Although it is not able to demonstrate this empirically, it is considered that had Nottinghamshire Police chosen to launch gender-based hate crime rather than Misogyny then it is very unlikely to have reached the public consciousness in the way that it did and therefore the response in terms of reporting and public awareness would not have been achieved. 

3.5.  The force had additional evidence for choosing Misogyny over gender:  Nottinghamshire Police has been able to identify additional forms of hate crime to the nationally monitored strands on its call handling system using “qualifiers” for approximately 10 years. Included in the qualifiers available has been Gender.  Contact Management staff are used to applying these qualifiers and are familiar with the concept of gender-based prejudice. The relative numbers of reports pre and post “Misogyny” are therefore pertinent to the debate around terminology. 

3.6.  From 2014 to the force’s introduction of Misogyny, call handlers qualified 24 gender hate crimes. Of these, eight were hostility to gender in context of sexual orientation whilst 13 were hostile to gender identity in context of gender reassignment. The remaining three were reports of gender that would now be classed as Misogynistic – workplace harassment of a woman and gender-based abuse of two women following driving incidents. For Nottinghamshire Police, the conclusion derived from this was that our staff have had the ability to record gender hate crime and have demonstrated the ability to do so, but the reports have not been forthcoming; three “Misogyny” reports in 30 months. The level of reporting following the decision to identify Misogyny suggests to the force that this explicit identification is necessary to encourage women to report the hate crime they experience purely because of their gender.

3.7.  In adopting Misogyny as a form of hate crime, Nottinghamshire Police was also mindful of the importance of intersectionality in hate crime, especially when targeted at women.

Tell MAMA’s founder Fiyaz Mughal wrote: “Visible Muslim women encounter the most violence and harassment at a street level. There’s a definite gender issue here at work when it comes to anti-Muslim hate”

Journalist Harriet Williamson wrote: “Homophobia and misogyny, just like racism and misogyny, are inextricably linked…We must recognise that many members of the LGBT community are victims of double or triple marginalisation, in terms of their gender or race.”

4. What Nottinghamshire Police Did

4.1.  Misogyny was adopted in Nottinghamshire Police’s hate crime procedure on 6 May 2016.

4.2.  The force’s basic definition of hate crime was unchanged (any incident, which may or may not constitute a criminal offence, which is perceived by the victim or any other person, as being motivated by prejudice or hatred). Within the procedure the following guidance was provided to define Misogyny: Misogyny hate crime may be understood as incidents against women that are motivated by the attitude of men towards women, and includes behaviour targeted at women by men simply because they are women. Examples of this may include unwanted or uninvited sexual advances; physical or verbal assault; unwanted or uninvited physical or verbal contact or engagement; use of mobile devices to send unwanted or uninvited messages or take photographs without consent or permission (although this list is not exhaustive). 

4.3.  In Nottinghamshire, Misogyny hate crime has the same procedural approach as other hate crimes which benefit from the following good practice: it will be specifically “flagged” at the point of call and we will always offer a personal visit to victims. We will undertake a comprehensive risk assessment detailing current and previous victimisation and the impact on the victim. It will always be recorded on the crime system, irrespective of whether a criminal offence has been committed or not. Finally, we will always consider follow up by our neighbourhood teams and will coordinate our response with partners.

4.4.  Domestic abuse has been specifically excluded from Misogyny hate crime to ensure work to address domestic abuse is not compromised by providing staff with multiple policy requirements.

4.5.  The advice of partners was taken into consideration when deciding what to include/exclude. Nottingham Women’s Centre’s perspective was “Nottinghamshire Police already has a comprehensive policy and risk assessment process relating to cases of domestic abuse and therefore we felt that it would be sensible to view domestic abuse and hate crime cases as two separate things, thereby avoiding some of the problems highlighted above.”

5. The Results of What Nottinghamshire Police Did – Reports

5.1.  The number of reports of Misogyny (crimes and incidents) to Nottinghamshire Police is provided below.

5.2.  The age profile of reported hate crime victims ranges from 10-17 years to over 60 years. The largest number of reports comes from victims in the age range 35-59.

5.3.  Reported crime types include sexual offences, public order offences, assaults, threats of damage and harassment offences.

5.4.  A notable exemplar of Misogynistic victimisation was the Chief Executive of Nottingham Women’s Centre who, following the announcement of misogynistic hate crime recording, received threats to kill including one threat to ‘put a machete through the back of her head’.

5.5.  Of the arrests made, two were for Harassment offences and two were Public Order offences. The charge related to Harassment.

5.6.  It has been commented on that the number of arrests and prosecutions for Misogyny hate crime is comparatively lower than other strands of hate crime. Analysis of the reports to Nottinghamshire Police shows the almost completely random nature of Misogynistic behaviour – it can be towards any woman, at any place and at any time. What is consistent is that there is almost never a victim-offender relationship; it is stranger on stranger. Consequently the evidential opportunity to identify offenders is more limited – predominantly activity such as CCTV and (possibly) vehicle enquiries. In contrast, other forms of reported hate crime include many incidents involving neighbourhood problems where the suspect is more readily identifiable and evidential opportunities are greater, hence some disparity in outcomes.

5.7.  Men associated with perpetrators have expressed their support for police intervention.
 

6. The Results of What Nottinghamshire Police Did – Feedback and Analysis

6.1.  Misogyny hate crime is included in the force victim satisfaction surveys. Data from the surveys identifies that 88% of respondents were satisfied by the overall response to their report, with 94% of respondents feeling that the police took the matter seriously. The result of their report left 94% of victims feeling reassured and confident in the police following their experience.

6.2.  Feedback on the force’s decision to record Misogyny includes:

"As an organisation that campaigns for gender equality, we fully support the classification of misogyny as a hate crime."  Anna Clark, Acting CEO of Equation

“…women and girls in Nottingham will receive the message that this kind of behaviour isn’t normal or acceptable, that support is available, and that the problem will be taken seriously. If only we could get the rest of the country to follow that lead.”  Laura Bates, Founder of The Everyday Sexism Project

6.3.  Nottingham Women’s Centre has provided the following feedback on outcomes:

“[NWC] has been approached by a number of women who have reported incidents of misogyny hate crime to Nottinghamshire Police. In each case, the women felt extremely positive about their experiences and felt the outcomes for them were really good…we received (this) from a young woman who had reported an incident.

“A few weeks ago a construction worker from a group screamed at me over busy traffic as I walked to the corner shop on my lunch break ‘laaaady niceee arrseee!!’ And while this is fairly harmless, the thought that I then had to walk back to work back past them the same way made me very anxious and fearful that there was about to be a horrible confrontation. They had gone, but I should not be made scared to walk around the streets where I work every day, it made me so angry and upset. So I reported it under the new classification of hate crime under Nottinghamshire [P]olice.  The experience has been extremely positive and encouraging. The staff took it very seriously. The PC visited the building site manager (a woman) [who] was appalled and outraged by the behaviour and all site staff have been pulled in and the code of conduct restated to them all. With any luck someone out there will think twice before they scream at women passing by.  This is NOT a ‘ban on flirting’. This is people no longer accepting that harassment and assault is just part of life. There is no excuse for it. I am hugely impressed with how Nottinghamshire Police have dealt with my report; they are fully committed to taking this seriously.”

7. Support and Opposition to Nottinghamshire Police’s Policy

7.1.  The introduction of Misogyny as a form of hate crime by Nottinghamshire Police received very high profile media coverage. There was inevitably some questioning/criticism within the media, which broadly speaking was characterised along the lines of trivialising the behaviours experienced by women (e.g. referring to “wolf-whistling”), that this is discriminating against men, and that the police are trying to regulate social interaction (flirting). There was also some misunderstanding in reporting that Nottinghamshire Police has amended the law. 

7.2.  Using the evidence base for the decision to address Misogyny (that the behaviours experienced routinely by women are seriously sexually aggressive and violent), the force was well placed to refute the trivialisation question and assertion that this was “normal” male/female interaction. 

7.3.  The force was also clear that it is in a position to record perceptions of prejudice reported by men using the “Other” category of hate crime that the force has, and that there is therefore no discrimination in its approach, but that it does identify the problem explicitly. 

7.4.  That Nottinghamshire Police has not changed the law is self-evident and was a matter of education.

7.5.  Notably, much of the criticism of Misogyny hate crime mirrors very closely the excuses made for other forms of hate crime both in the past and currently, namely that it is “banter”, victims lacking a sense of humour/perspective, making mountains out of molehills and “political correctness" by a “liberal elite”.

7.6.  There was some suggestion/concern expressed that the introduction would open a floodgate of reports that the police couldn’t cope with.  This too mirrors other forms of hate crime when introduced.  As with other forms of hate crime, the real issue is under-reporting and Nottinghamshire Police did not expect to be inundated with reports and this has not happened.

7.7.  Notwithstanding some criticism, the media coverage overall was assessed as being very supportive and positive; it was notable that in almost every piece containing some degree of question there was a voice (generally a woman’s) expressing very clear and direct support to provide counterbalance.

7.8.  In force, direct feedback was received. Contact was generally in the form of direct correspondence with the Chief Constable and OPCC, comments on the force’s Facebook page and FOI requests. Critical comments were almost universally from men and tended to reflect the themes raised in the media. 

7.9.  Examples of supportive comments received include:

“Thank you so much for being bold and recognising the harassment of women as an offence and promising to investigate all incidents.”

“Yesterday I felt 10ft taller walking around this city. I literally felt like a weight has been lifted off my shoulders. It was amazing because I know that many men who might normally want to shout or whistle will have read about this & they will have to stop & reflect.”

“I really wish all of the police forces would see misogyny as a hate crime. Yet another example of how prejudice against 51% of the population isn’t taken seriously.”

“Because I have a daughter I am pleased that @nottspolice have classed misogyny as a hate crime #nottacompliment.”

“We want to live where #streetharassment is taken seriously! #wewanttomovetonottingham”

7.10.                    Examples of the critical comments received are:

“So an unknowingly unwelcome smile or hello to a pretty lady is a hate crime now? It even says things that are not a crime will be investigated as if they were. This is extremely troubling.”

“Will the harassment of men also be deemed as a hate crime? If not then this policy is inherently discriminatory and sexist.”

8. The Future – Evaluation

8.1.  Nottinghamshire Police’s work on Misogyny has not stopped at the point of introduction and important work is now happening to evaluate the impact of it.  This work is being led by Nottingham Trent University. 

8.2.  An initial survey amongst students has produced the following data:

8.3.  Notably, although students have experienced these behaviours in Nottingham, in all categories the numbers are fewer.

8.4.  The survey suggests that almost 70% of students are aware that Nottinghamshire Police records Misogyny hate crime, with 87% being of the opinion that it is a good thing. Examples of the supportive comments made by students include:

“Police are suppose[d] to protect the public and within a diverse society different people experience different kinds of discrimination and to recognise this as such is a massive step forward in reducing the gendered oppression of women through harassment and sexual assault that has previously been considered the norm.”

“I believe this is long overdue, and as a woman myself I've faced several unwanted advances from men, both physically and verbally…I think people are quick to say that 'thats how men are' and I think its appalling that as women we should accept it, and even more frustratingly, tolerate it. I would like to walk past a group of men without being ogled or catcalled at, or being asked for my number. I would like other women to be able to walk back from work at night, and not have a drunken man following them shouting that he wants to kill her, as I witnessed outside my flat one night. Implementing this initiative would definitely make me feel safer and more confident in Nottingham”

8.5.  The survey identifies some negative comments about Misogyny as a form of hate crime. These are all from males or gender unstated.

8.6.  The evaluation will specifically examine the attitudes of men to Misogynistic behaviour. 

February 2018