Hate Crime Laws Are Not Working - An Open Letter

Stonewall Scotland's Poster Campaign

An Open Letter to;

Kenny MacAskill MSP, Scottish Justice Secretary,

Lord Advocate, Frank Mulholland QC,

The Chief Constable of Police Scotland, Stephen House,

The Equality and Human Rights Commission and 

The Scottish Human Rights Commission,

12 August 2014

Dear Sirs,

Ineffective Protections against Hate Crime

My Partner and I are on the receiving end of vicious Hate Crime, because of our sexual orientation. 

I had been lead to believe that the criminal justice system would protect both my Partner and myself from Hate Crime.  However, despite the grand standing that took place, heralding the introduction of Hate Crime legislation, by the Scottish Government, the Equality and Human Rights Commission and others, the law is a dud. 

The reasons for this; first, the perpetrators of the Hate Crime are all under the age of 16, and are classified as Children, and second, there is no effective monitoring of how the law protects victims of Hate Crime, allowing solutions to this problem to have been identified. 

I have been branded a “Peedo” and a “Beast” in front of my own home.  Our car windscreen has been smashed in.  Stones, bricks and other missiles have all been thrown at our home, our property is subject to regular trespass and Children will even come as far as the front door to bang and shout abuse.  What is more disturbing, is that the Children even solicited the support of wayward adults to assist in their campaign of terror, shouting “Best, Beast, Beast” at me and my home.

The Children concerned were charged and reported (through the Children’s hearing system).  I had hoped this would out an end to it.  However, because they are under 16, they were free to continue the abuse, and to encourage others to abuse us too.  They knew they would get away with it, which is why they continued, after being charged, reported and warned about their behavior. 

I have nothing but praise for my local Police Officers, who have been very supportive.  However, they find that their hands are tied.  The Police simply do not have sufficient resources locally to be effective, despite Hate Crime being classified as a national priority.  I also note, that the Crown Office does not review the effectiveness of the legislation, and the important legal protection that the law is meant to bring. 

Additionally, public policy considerations designed to promote the rights of the Child – even if the Children concerned are perpetrators of vicious abuse – trump those of the right of the victim to seek redress.  This is deeply disappointing, because as a result, my Partner and I are left without an effective remedy and, are left to suffer further torment.

Notwithstanding our legal entitlement to protection from acts of homophobic abuse, harassment and vandalism, there is little the criminal or civil law can do to help us. 

I am a qualified Solicitor, and sought refuge in the civil law.  I attempted to obtain an Interdict, with power of arrest and non-harassment orders against our abusers.  However, even this route was blocked.  In order to take this action, I would have required the cooperation of the local Social Work department, and the Police in order to obtain the identities of the perpetrators of the abuse.  That cooperation was refused owing to “child confidentiality”. 

We also approached the local Council community safety team at the City of Edinburgh Council for help.  It is now four weeks and counting, but no response.  They have done nothing to help us, nor have they offered any support.  Yet, under the Antisocial Behaviour legislation, they could take action.  So why haven’t they?  In my view, it is down to a question of priorities, and upsetting their colleagues in either Social Work or the Housing Department is not a priority.  A local council is highly unlikely to take Court action against itself now, is it?

My partner and I, are now looking to relocate away from Edinburgh.  We have had enough.  I hope that when we move, we get to enjoy the peace and quiet in our own home, and the freedom from abuse, harassment and vandalism, that we should expect. 

I now expect you gentlemen to take decisive action, given our experience, to prevent anyone else having to endure this horrific torment. 

Yours faithfully,

 Daniel Donaldson

Are you Mad?

The word "Mad" has a variety of connotations.  

Yet, in today's society we use this word regularly as a pejorative term to describe people who be find difficult to work with, who may see the world in a different way or with whom you may have had political or other disagreements. 

Our understanding of society and human interaction has improved dramatically since the 19th century, yet some of us still behave as if nothing has changed. 

This article explores the 21st century of the word "mad" and its use in the vernacular; to discriminate and stigmatise despite increased awareness and legal protection.

Why would you call someone mad?

It is easy to use the word in its ordinary meaning; perhaps to describe an action which you would consider foolish.

It is also easy to use the term to describe someone who you find unpleasant or perhaps disagree with.

The key question is why do you consider the action to be foolish, why do you find the person unpleasant or why do you disagree with them?

In any event, the use of the word mad to describe someone is inappropriate.

Mental health, Autism, Learning disability

In recent time, Mad, was used to describe someone who may have had a mental health condition, who was autistic or had a particular learning disability.

However, we now recognise mental ill health for what it is, notwithstanding the discrimination that still persists.  For example, someone who is bi-polar, will experience a wide range of mood.  At times, behaviour will seem energised, enthused or even manic.  This lasts but a short time, there after, the same person may appear withdrawn, closed in on themselves and disinterested or not engaged.   

We also have a better understanding of autism.  Not everyone experiences the world in the same way and communication is a skill the majority of society takes for granted, often ignoring that for some people, communication, even in its basic form, can be extremely challenging or even scary.     

Similarly, if someone is dyslexic, they may come across as articulate, intelligent and knowledgeable.  However, reading, writing and remembering all may pose particular challenges.  In a highly focused written world, it would be easy to write someone off as just being lazy or not capable.   

See me

If you find someone difficult to get along with, ask yourself - why? 

Is it because you have nothing in common or do not share their political beliefs?

Is it because you find their decisions or actions foolish?

Is it because you find it difficult to understand what they say alot of the time or do not understand why they look dire one minute and full of beans the next?

Is it because you simply can not be bothered, find the person irritable or irrational, they speak their mind, including voicing criticisms?

Do you lack patience?

Have you considered seeing the world through their eyes?

Do you jump to conclusions or make certain assumptions about the person's suitability for particular roles or what they are capable of?

Have you discussed the person with colleagues, friends, co-workers and ignored the person?  (perhaps you even encouraged others, whether directly or indirectly, to isolate the person?)

Did you describe the person as Mad, what about crazy, hostile or stupid?
  
Legal Aspects

The Equality Act protects individuals who share protected characteristics from discrimination - which can be both direct and indirect.  Individuals are also protected from harassment and victimisation.

It is likely that mental health, autism and learning disability fall within the legal definition of disability.  In order to benefit from protection, you do not have to be disabled personally.  You are also protected from discrimination based on perception of disability and or association with someone who is disabled.

The civil law also affords protection.  There is statutory protection from harassment in the form of the protection from harassment act and also at common law - where it is a civil wrong (tort/delict) to cause an injury or loss to your neighbour.

It is also important to keep in mind that disabled people are protected from hate crime.

Actions have consequences

It is easy to avoid or seek to exclude the individual or individuals whom you consider to be problematic.

It is also easy to encourage others to marginalise or avoid. 

However, what are the practical consequences? 

In some circumstances, a person may be denied opportunities for promotion or to advance themselves because of the negative attitudes and rumours spread by others.

Likewise, a person may not feel comfortable coming forward to engage in future if they feel that they are going to be marginalised or exposed to exclusion.

In some extreme cases, this can lead to bullying, harassment and victimisation.

In many employment circumstances, it is easy for illfounded complaints to add up, resulting in making it difficult to remain in employment because of negative working relationships.

It is easy to get rid of the difficulty, by removing the person, rather than tackling the prejudice behind the problem.

This is discrimination and is why many people, who have mental ill health, who are autistic or have a learning disability are excluded from work.

This is also one of the reasons why so many people with mental health problems or who have autism are found in the criminal justice system or are excluded from education.   

Dont judge - support and encourage

I would have hoped that attitudes would have improved in the 21st century. 

There has been progress, but probably too little, too late. 

It is important that if you find yourself working alongside a colleague who sees things differently, or who needs some support, that you show support and challenge any of the ill-will that the tyrany of the majority will send his or her way.

We are all unique individuals and there is no 'normal'.

Challenge the stigma.  

Please don't judge others, lest you be judged yourself.