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
Freedom of Belief
Politics
5 min read

No George, Christians aren’t free to worship in Iran

Apologists make a mockery of the real costs of freedom of belief.

Steve is news director of Article 18, a human rights organisation documenting Christian persecution in Iran.

A couple stand on the steps of a cathedral in Iran.
On location with George Galloway.

I guess it’s a good job he’s no longer a member of parliament, or George Galloway may be facing the same scrutiny Nigel Farage came under for his trips to the United States. 

It probably won’t surprise you to hear that the former MP for Rochdale didn’t head to the Land of the Free on his own extracurricular jaunt the other week, but instead to Tehran and Moscow.  

And no, George wasn’t there to remind Iran of its obligations to provide human rights for its citizens - as some might expect of a British MP - nor did he go to Russia to put pressure on Putin to end the war in Ukraine. 

No, George was simply visiting his comrades - distinct as they may be - and doing his bit for their distinct causes. 

Mr Galloway published two videos during his visit to Iran - both published on his X account - and both showing him standing outside the buildings of a recognised religious minority (meaning, in Iran, Jews, Zoroastrians and Assyrian or Armenian Christians. Not converts or Baha’is). 

In the first video, the man in the black hat is standing outside a synagogue in Tehran, which he tells his audience doesn’t even have a guard outside “because they don’t need one”, as the “millions” of Jews who live in Iran (actually there are less than 10,000) are so “honoured” and “cherished”. 

They even have their own members in the parliament, he tells us (actually it’s just the one), and “you didn’t know any of this, did you? Because they don’t want you to know.” 

Well, now you do.  

And, thanks again to the former Member for Rochdale, two days later you were also able to discover, much to your surprise, that Iran is also home to “so many Christian churches.” (For the record there are around 300, but none of them open to converts.) 

This time, Mr Galloway is speaking to you from outside an Armenian cathedral, still wearing the same outfit and therefore presumably recorded on the same day but published two days later - perhaps to give you enough time to digest your first lesson. 

Inside the cathedral, George assures us, there are “many worshippers quietly going about their religious obligations,” which is “quite different from the picture that is painted of Iran in Western countries,” don’t you think? 

And what would that picture be, eh, George? 

That Christians are routinely arrested and imprisoned for meeting together to worship, and in years past the leaders of their churches - including Armenians - were even murdered on those same Tehran streets on which you are now standing? 

But no matter, here at least is clear proof that one church in Iran is still functioning - as well as that synagogue; don’t forget the synagogue! - and as Mr Galloway proudly informed us 24 hours after his first video, nearly one million people (according to X it was closer to 50,000) had watched it. 

So, job done. Let’s not worry about the details. They take too much time to research, and can also trip one up when trying to make a point - especially regarding Iran’s treatment of religious minorities or, well, anyone really. 

But no matter, one can guarantee that most viewers won’t have bothered to look into it, nor scroll down far enough to reach the dissent. 

Now, I don’t know whether it was because George hadn’t quite lived up to his billing, but a few days later some “real journalists” arrived from the Grayzone website to add their own insights. 

The Brits had been told; now it was the turn of the Americans.  

“Americans may be surprised to know Christians exist in Iran and are allowed to practice their religion freely.” 

So wrote Grayzone News’ Anya Parimpil on X, alongside a post showing a short video from inside - wow, they actually let the Americans inside! - another Armenian cathedral, this time in Isfahan. 

And alongside a few more pictures of the church, Ms Parimpil posted some photographs of “ancient bibles” - no capital ‘B’ needed, it would seem, nor explanation that today in Iran Bibles are often used as evidence of a “crime” in court cases against Christians. 

Meanwhile, Ms Parimpil’s husband, Max Blumenthal, posted a long video interview with the Islamic Republic of Iran’s favourite interviewee, Mohammad Marandi, as they walked around a Tehran cemetery. 

You can watch it on YouTube if you like, but I wouldn’t recommend it; not only is it over an hour long, but in the wake of the axing of Stephen Sackur’s BBC news show HARDtalk, this one is more like an episode of SOFTtalk, in which the presenter asks only two questions of real interest - regarding the nuclear programme and popular support for the regime - to which there is never any danger of a follow-up probe. 

To paraphrase, Marandi’s answers were that the regime is wildly popular and well able to make a nuclear weapon if it wanted to but that it doesn’t because such things are “inhumane” and the Islamic Republic of Iran is, of course, renowned for its decency. 

Mr Blumenthal also posted videos of an Iranian man singing while embracing him underneath one of Isfahan’s famous bridges - with the message, “Iran is not your enemy” - and of the return of water to the local river, failing to mention, as one responder noted, that “due to the corruption and mismanagement of the horrific mullah regime, the river is basically dry all the time”. 

But no matter, one can guarantee that most viewers won’t have bothered to look into it, nor scroll down far enough to reach the dissent. 

Certainly, the overwhelming reaction to all the videos and photographs posted over the past week has been positive: essentially, a “thanks for showing us what Iran is really like and not only what the biased mainstream media (MSM!) says about it!” 

These are the days of SOFTtalk, it would appear, so I suppose we’d better get used to it. 

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