A Socio-legal Analysis of Gender-based Victimization, Misogyny and the Hate Crime Paradigm in England and Wales

Abstract

In England and Wales, legislation pertaining to hate crime recognizes hostility based on racial identity, religious affiliation, sexual orientation, disability or transgender identity. Discussions abound as to whether this legislation should also recognize hostility based on gender or misogyny. Taking a socio-legal analysis, the chapter examines hate crime, gender-based victimization and misogyny alongside the impact of victim identity construction, access to justice and the international nature of gendered harm. The chapter provides a comprehensive investigation of gender-based victimization in relation to targeted hostility to assess the potential for its inclusion in hate crime legislation in England and Wales.

Gendering Discretion: Why Street-Level Bureaucracy Needs a Gendered Lens

“…Our analysis draws upon a single case study of the early implementation of what feminist institutionalists would refer to as a ‘rule about gender’ (Lowndes, 2020), specifically the local classification of MaHC in England and Wales. The introduction of this rule change has been the subject of academic research in law and criminology, focusing on its legal classification and feasibility (Barker and Jurasz, 2019; Duggan, 2021; Gill and Mason-Bish, 2013; Zempi and Smith, 2022). In considering this case within public administration, our focus is on how police discretion is shaping the early implementation of this rule change.…”