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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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5 min read

The Sycamore Gap vandals were chasing the wrong sort of fame

Fifteen minutes of notoriety is nothing - just ask St Cuthbert.

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

A felled decidious tree lies sprawled on the ground. The freshly sawn stump and roots are in the foreground
The stump of the felled sycamore tree.
Wandering wounder, CC BY-SA 4.0, via Wikimedia Commons.

It was Andy Warhol who is said to have uttered the famous statement: “In the future, everyone will be world-famous for 15 minutes." Never mind the fact that the quotation has been attributed to other people as well, whoever came up with it first can hardly have anticipated how quickly it would come true.  

In our times, social media has democratised information. We all now have our own individual press office, issuing our considered statements to the world in the form of Instagram or Facebook posts, comments on X, reels and the like. Secretly we all hope one of our gems of wisdom, a joke or a video of something weird will go viral - in a positive way - and we will get our 15 minutes of fame.  

I was thinking of all this recently on a walk by Hadrian's Wall in Northumberland in the North-east of England. It so happened that on that very day, the Wall was in the news, as the two men who had cut down the famous tree at Sycamore Gap – the one featured in the Robin Hood film - were convicted of the crime. We looked up at Sycamore Gap, and it was just that - a gap – denuded of its tree, it is now just like any other depression in the escarpment over which Hadrian's Wall runs. Only you couldn't avoid the memory of the distinctive tree silhouetted against the sky which was no longer there, like an awkward smile with a tooth missing. 

The story of Daniel Graham and Adam Carruthers is a pretty unsavoury one. Two fairly low life characters without a great deal of purpose seem to have thought of this as a clever stunt which would somehow impress people. The video would go viral, they hoped, and they would be famous - maybe for 15 minutes - basking in the global coverage of their daring action. They seem to have totally miscalculated the affection with which the tree was held and the outrage this stupid act generated. They got their notoriety but not in a good way. Today they wait anxiously to see whether this mindless act of vandalism will lead to a prison sentence. 

It is perhaps another symptom of our culture’s desperate desire for fame. Social media is full of influencers who are famous for not much more than being famous. Similar stunts, one more outrageous than the other are performed daily, recorded on YouTube and put out there to gain attention. We are addicted to fame. 

The hapless pair were desperate for their moment of fame and got it in a particularly nasty form.

On the same Northumberland trip, not very far away, a very different approach to fame caught my eye. Cuthbert, a seventh century hermit was one of those hardy Christian monks and missionaries who spread the faith in these islands in the wake of the fall of the Roman Empire. He was known for his piety, astonishing miracles and sympathy with nature. His biographer, the Venerable Bede, tells us he would walk into the cold North Sea, standing up to his neck in water to pray, in order to increase his ability to focus on God, the object of his prayers, not the yearnings of his body. On coming out of the water, sea otters would come and warm his feet, sensing that this man was in tune with the heart of the universe and should be cared for and protected.  

As his fame grew, Cuthbert tried to find more and more ways to run away from it. He was given permission to leave his monastery in Lindisfarne to go out alone to live on the remote Farne islands, far from prying eyes, giving him the freedom to focus on the one object of his desire - to know God through a deep life of prayer and meditation. People would try to come to see him, fellow monks bringing supplies, or pilgrims looking for a word of wisdom from the holy man, yet his focus was ruthless. Eventually, says Bede, “he shut himself away from sight within the hermitage, rarely talking to visitors even from the inside, and then only through the window… in the end he blocked it up and opened it only to give a blessing or for some definite need”. 

The difference between Graham / Carruthers and Cuthbert could hardly be more stark. The hapless pair were desperate for their moment of fame and got it in a particularly nasty form - fame that turns out to be more like shame. Cuthbert fled from fame, longing for the attention not of other people but of his Maker and Redeemer.

Cuthbert’s relentless pursuit of God, and its results in a remarkable life - weird in a different and more nourishing way than the stunts on YouTube - fascinated people. After he died, his bones were transferred to Durham Cathedral where they still lie today. You find the name of St Cuthbert everywhere in the North East – on schools, road signs, coffee shops and fishing boats. It’s a name that will endure after the destroyers of the sycamore tree are long forgotten. We're still talking about Cuthbert 1,400 years later. 

Fame is an elusive and dangerous thing. Tom Holland once called it “a beast that you can't control or be prepared for.” If you chase it, it rarely turns out well. More often than not you get the wrong kind of (unwelcome) fame. The best kind comes when you’re not making fame itself the thing you’re looking for. If you ignore it, and seek something more satisfying, something really worth attention – which for Cuthbert was God, the source of all beauty, truth and goodness - you won’t be worried whether you’re famous or not, because your heart will be full of something much more lasting and worthwhile.

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