Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Article
Comment
Community
Migration
Politics
5 min read

Our problem with immigration is not open or closed borders but the decline of Christianity

Christianity doesn’t provide immigration policy, but it could still unite our communities

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

Keir Starmer and Emmanuel Macron in front of flags.
Starmer and Macron announce their deal.
10 Downing Street.

So Keir Starmer and Emmanuel Macron have done a deal on migrants. One in, one out. The EU might yet block the plan, and it may fail as many have before it. The Conservatives’ Rwanda idea never got off the ground. Will this one? Labour hail it as a breakthrough with the French agreeing to take back some migrants for the first time. The right-wing media complain this is a drop in the ocean and will make precious little difference. 

What interests me is the role Christianity plays in this debate, invoked as it is on both sides of the argument.  

On the right, the argument runs like this: Britain is (or used to be) a Christian country. It is now in danger of being overrun by people who do not share that faith, or the values that are rooted in Christianity. Therefore, we must put a rapid halt to excessive immigration, especially migrants from conservative Islamic countries such as Afghanistan, Somalia or Pakistan. If we don’t, we will see the UK change dramatically and lose its distinct Christian identity.  

So, in a speech last year, Reform leader Nigel Farage claimed that “Judeo-Christian values” are at the root of “everything” in Britain. These values, he said, were that “the family matters, the community matters, working with each other matters, the country matters.” 

I’m sure they do. Christianity has shaped the character of the UK over centuries. And there is undoubtedly a sense in many places, especially more deprived ones, that communities have changed and are becoming unrecognisable from what they were. The chattering classes in Hampstead and Chipping Norton are hardly likely to feel the pinch, yet Bradford or Burnley can feel very different now than they did 50 years ago.  

Yet it’s hard to identify Farage’s values as distinctly Christian. Many Muslims would claim much the same, and it would be difficult to describe his list as an adequate summary of the message of Jesus. ‘Judeo-Christian values’ are often identified on the right as being the same as ‘British values’, which are defined by the UK government as “democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs.” It’s hard to imagine anyone getting crucified for preaching that.  

Yet Christianity is also used on the left. While he was Labour Leader in 2019, Jeremy Corbyn invoked Jesus in a call to welcome migrants: “The refugee crisis is a moral test. Jesus taught us to respect refugees. He himself said 'welcome the stranger…’ And the Bible says, 'the foreigner residing among you must be treated as your native-born'. 

He had done his homework. It’s a better account of the teaching of Jesus. Yet on the left, the welcome of the refugee is often part of a wider and deeper value of ‘diversity’ as a good in itself. Multiculturalism, the kaleidoscope of cultures found on many high streets with Indian, Thai, Italian, Moroccan restaurants, or the image of kids from different countries and religions happily running around a school playground is a beloved trope of secular progressive liberals.  

The trouble is that it is not how it feels to many in parts of Luton or Leicester. The residents of Hampstead and Chipping Norton can embrace multiculturalism because it does not fundamentally threaten their way of life.  

“The ebbing away of the faith is greeted with barely a fraction of the passion which accompanied Brexit.” 

Bijan Omrani

Embracing strangers is easier if you have a settled place to welcome them into. A home where the family gets on well, where the parents are united, the kids are content, is much more likely to be able to welcome in unknown guests with a proper curiosity to learn from them. A family full of tension and bickering is unlikely to welcome the stranger at all, as the newcomer will strain existing tensions even further. 

As theologian Oleg Dik writes: “A society which loses a sense of shared broad and strong identity is unable to welcome a stranger…. What makes us different is enriching only as long as we are all aware that we have something uniting us. In the absence of a uniting bond, difference turns out to be threatening.” 

The vision of the left – of diversity as an end in itself, held together only by a loose idea of tolerance or secularity which no-one thinks is worth dying for, threatens to erode the ties that bind us, as it gives no clear centrifugal core that can hold us together. 

Christianity doesn’t give you an immigration policy. Both left and right can claim some legitimacy in the Christian narrative. However, what Christianity does provide is a community that offers a moral schooling centred on the worship of Jesus, as the one who shows us the true shape of human life, the necessity of self-sacrifice, not self-indulgence as the key to a functioning communal life, and the sacred value of each person - beliefs which, in turn, can welcome the stranger into a secure and confident home.

These things have, over centuries, seeped out from their intense core in the Christian Church into wider society. Arguably today, they are being eroded ironically more by secularism than by Islam.  

The real problem of our time is not mass immigration (as the right would have it) or the failure to fully open borders (for the left). It is the widespread erosion of Christian faith.  

As historian Bijan Omrani puts it: “Christianity’s disappearance is being accepted with little consideration or debate. The ebbing away of the faith is greeted with barely a fraction of the passion which accompanied Brexit.” Now this may largely be the fault of the church itself, a failure of courage about its own message, and appearing like another social lobbying group for various causes rather than a community centred on the worship of Jesus. But it's also down to the swathes of middle class, educated Britons – like Nigel Farage and Jeremy Corbyn - who like to claim the name of Jesus when it suits, and who live off the cultural heritage of Christianity without investing into its future by going anywhere near a church.  

A good immigration policy needs the compassion that welcomes the vulnerable stranger. Yet it also needs a strong united community with a shared set of values, to welcome them into. Left and right may use Christianity in their rhetoric. But both miss something vital - that Christianity has to be practiced not just argued over. 

A renewed Christianity might be the saving of both right and left - or at least offer a deeper and richer narrative than either can offer on their own, one that provides a strong core that can holds a society together, yet also welcome the stranger as a gift and not a threat. 

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