Backing for law to tackle gay hate crime

Published on Monday 14 January 2008 21:35

ATTACKS on gay and disabled people are to become "aggravated" crimes likely to attract tougher punishments under a move to be announced today.

Kenny MacAskill, the justice secretary, is expected to reveal that the Scottish Government will support a private member's bill that aims to put offences against people based on their disability or sexual orientation on the same legal footing as race and religious hate-crimes.

Patrick Harvie, a Green MSP, launched his Sentencing of Offences Aggravated by Prejudice (Scotland) Bill in November. It is based on recommendations made five years ago by a working party that included police and prosecutors, but which were rejected by the previous Labour-led administration.

More than 40 MSPs, including ten from Labour, have signed up to the proposals – which were contained in both the SNP and Lib Dem manifestos.

Under the move, if police and prosecutors determine that a crime was motivated by ill-will towards the victim based on disability or sexual orientation, it will be marked as an aggravated offence and presented to the courts as such.

The bill also proposes "to require the aggravation of an offence by prejudice on grounds of disability, sexual orientation or transgender identity to be taken into account in sentencing".

Police figures show some forces are recording more homophobic than hate-crime offences. In 2006, Lothian and Borders Police recorded 75 homophobic incidents compared with 36 faith-based incidents.

The same year, The Scotsman revealed that attacks on gays and lesbians had increased by as much as 100 per cent in the preceding year.

Meanwhile, a new report has found a "worrying picture" of hate crime against disabled people. The Highland Wellbeing Alliance found a quarter of respondents said they had experienced bullying because of their disability.

It also found only half of those who have been attacked had reported the incident to Northern Constabulary – mirroring the findings of a recent survey of victims of homophobic hate-crime.

Calum Irving, director of the gay-rights group Stonewall Scotland, said: "If the Scottish Government do announce support for Patrick Harvie's bill then a great many lesbian and gay Scots will breathe a sigh of relief.

"This overdue legislation has great potential to finally get the message out that Scotland will not tolerate homophobic attacks any more."

Mike Holmes, director of campaigns at the charity Enable Scotland, said: "We have fought for years to see crime against disabled people recognised for what it is: hate crime. Over a third of people with learning disabilities suffer ongoing verbal and physical abuse.

"Invoking the category of hate crime does more than impose heavier sentences – it sends out a message to the wider public that attacking this particularly vulnerable group is unacceptable."