Case Explained: Scotland to strengthen hate crime legislation for women and girls – Legal Perspective

News

Jan 30, 2026

New legislation has been laid in the Scottish Parliament to strengthen protections for women and girls against hate crimes.

If agreed by MSPs, the regulations will designate ‘sex’ as a protected characteristic under the Hate Crime and Public Order (Scotland) Act 2021.

This will make it a specific criminal offence to stir up hatred against women and girls, as well as men and boys, because of their sex.

Courts will also be able to treat crimes motivated by hatred of someone’s sex as aggravated offences, including when passing sentence.

The change will mean that sex will have the same legal safeguards as groups targeted by hate crime because of their age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.

Justice Secretary Angela Constance said: “These regulations will significantly strengthen legal protections for women and girls from offences motivated by prejudice and hatred because of their sex and they will ensure that Scotland’s justice system can respond appropriately.

“The changes will mean women and girls have the same protections as victims who are targeted because of a specific characteristic, such as age, religion or disability. Men and boys will also be protected, however, we know that women and girls suffer significantly more from threats, abuse and harassment based on their sex, so they are likely to benefit most from those new protections.

“The vast majority of responses received during the consultation on these proposals supported adding the characteristic of sex to both the stirring up of hatred offence and the aggravation.

“The regulations will come into force on 5 April 2027, giving Police Scotland the necessary time to update training and guidance and ensuring they are operationally ready for the change.”