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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
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Community
Migration
Politics
5 min read

Starmer’s ‘island of strangers’ rhetoric is risky and wrong

The Prime Minister needs an English lesson.

Krish is a social entrepreneur partnering across civil society, faith communities, government and philanthropy. He founded The Sanctuary Foundation.

A prime minister stands next to an Albanian police officer in front of a ferry.
Border control. Starmer in Albania.
X.com/10DowningSt.

In a recent speech launching the UK government’s white paper on immigration, Prime Minister Keir Starmer expressed concern that the country risks becoming an “island of strangers.” It is a compelling phrase - yet, for many, a deeply worrying one. Some argue it echoes Enoch Powell’s notorious 1968 “Rivers of Blood” speech, in which the then Conservative MP for Wolverhampton claimed that people in the UK were being “made strangers in their own country”. Even if the reference was unintentional, the sentiment is divisive and dangerous. Here are five reasons why this narrative must be challenged.  

Geography: We are fundamentally connected  

First and foremost, the United Kingdom is not a single island. To describe it as such is not only geographically inaccurate but symbolically unhelpful and politically careless. This sort of language risks excluding all those UK citizens who live in the other 6,000 islands that make up our country - islands such as the Isle of Wight, Anglesey, the Hebrides, Orkney, Shetland and the Channel Islands, as well as the 2 million UK citizens who live in Northern Ireland. Many of our families, mine included, are testament to the fact that between the British Isles there are connections and marriages. We are islands, plural, united by a national bond of friendship and collaboration, and a shared story of connection across water.  

Sociology: We are intrinsically social  

The notion that the UK is becoming “an island of strangers” contradicts what we know about how human societies function. We are fundamentally relational - forming and building connections in our schools, workplaces, neighbourhoods, shops, and clubs on a daily basis. Even if we do not know the names of those who live across the street, we have a great deal in common. They are not strangers, but neighbours. In times of crisis, as shown during the Covid pandemic, neighbourliness is a critical front-line defence. To undermine that by calling our neighbours ‘strangers’ is a recipe for social breakdown. True social cohesion can never come through exclusion only by being deliberately nurtured through acts of welcome, the language of inclusion and recognition of shared purpose and identity.  

Language: What we say matters 

In his speech, the Prime Minister gave credence to the claim that migrants fail to integrate because they don’t speak English. He said: “when people come to our country, they should also commit to integration, to learning our language.” But English proficiency is not the main barrier to social cohesion. As a country that proudly recognises multiple languages: Welsh, Scottish Gaelic, Irish, Cornish, British Sign Language, we should understand this. And as a nation who fails miserably at learning other world languages we should appreciate the enormous effort it takes to learn any level of English. The vast majority of migrants put us to shame in how quickly and readily they learn to communicate effectively. Might I suggest that the Prime Minister - whose speech contained questionable language that was factually untrue, politically dangerous and socially offensive - might benefit from an English lesson himself? 

Honesty: We benefit from migration 

When the Prime Minister claimed he was launching a strategy to “close the book on a squalid chapter for our politics, our economy, and our country,” he implied that migration is to blame for many of the difficulties the UK is facing. This is not a new tactic — some of the world’s darkest moments have been preceded by politicians stoking fear and resentment against immigrants for political gain. We must resist this rhetoric. Perhaps we could start by asking exactly which migrants are being blamed for this so-called "squalid chapter"? Is it the 200,000 people from Hong Kong who have arrived under the British National Overseas scheme, bringing skills and making major contributions to our economy? Or the 250,000 Ukrainian refugees who have been welcomed with open arms and helped knit communities closer together? Is it the 30,000 Afghans who supported British forces, risking their lives to do so? Or the 750,000 international students contributing £35 billion a year to the UK economy, sustaining our universities and global reputation for outstanding education and research? What about the 265,000 non-British NHS staff who work tirelessly to care for our sick and elderly? Blaming migrants for the UK’s problems is dishonest and dangerously divisive, potentially alienating the very people who are often most invested in making the country stronger, safer, and more successful.  

Integrity: We need to fix the real problem  

The Prime Minister’s use of the phrase “island of strangers” strikes a chord, not because we are all strangers to one another - we are not - but because many of us increasingly feel isolated in our own communities. There is evidence to support this emotional response. According to the Office for National Statistics, around 27% of adults in the UK report feeling lonely always, often, or some of the time. A report titled A Divided Kingdom, published just a day after the government’s immigration white paper, highlights growing intergenerational divides with only 5.5 per cent of children in the UK living near someone aged 65 or older, and just seven per cent of care home residents regularly interacting with anyone under the age of 30. Young adults are increasingly working remotely, reducing opportunities for casual, everyday social contact. Rising numbers of people live alone, and digital technology — while connecting us in some ways — often replaces the richness of face-to-face relationships. 

These shifts are not caused by immigration, and blaming migrants for the disconnections and discontent we feel only distracts us from addressing the real causes of social fragmentation. We need to find ways to reconnect with one another in person, recognising in those around us the image of God, our common humanity and the opportunity for service. 

Starmer’s narrative must be challenged before it becomes a self-fulfilling prophecy. The great English poet and cleric John Donne famously wrote: 

 “No man is an island, entire of itself; every man is a piece of the continent, a part of the main.”  

It would be sad if, in our modern world, we lost sight of that truth and ended up becoming estranged islanders floating on a sea of fear and xenophobia. 

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