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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Care
Change
Justice
4 min read

Four things I’ve learnt from working with prisoners

Here’s why I care about the incarcerated

Daniel is the regional director, Asia Pacific, for Prison Fellowship International.

Female prisoners hug their children who have climbed across a table to them.
Prisoners hug their children during a visit.
PFI.org.

It was my mother who first sparked my curiosity about engaging with prisoners. As a volunteer prison counsellor, she held bi-weekly meetings with incarcerated individuals, listening to their stories, struggles, and moments of hope. Over family dinners, she would share the situations these people found themselves in and how counseling was breaking through the emotional walls they had built around themselves. 

However, for most of my life, such a prison ministry was never something I considered pursuing – certainly not as my career. I’m a Christian and a verse from the Bible had guided me through life: 

“For I was hungry, and you gave me something to eat, I was thirsty, and you gave me something to drink…I was in prison, and you came to visit me.”  

The last part of that verse was the one I had often skipped over. 

Four years ago, this verse resurfaced in my life and this time, it wouldn’t let go. I was convicted of how I, and much of society, including the church, have often overlooked this desperate need within our communities.  

That conviction led me to work at Prison Fellowship International (PFI). I work alongside others who believe in redemption and grace for those the world has forgotten.  

PFI is a movement of more than 120 partner prison ministries worldwide working to restore the lives of those impacted by crime. It does that by sharing the Christian Gospel and God’s love with prisoners and protecting their children from increased risks of trafficking, child labor or following in their parent’s footsteps.  

As I’ve walked this road, I’ve realized why caring about prisoners matters. It’s not just a good deed, but a vital part of caring for the least and forgotten in our society. Here are four truths that have shaped my thinking. 

Compassion looks past the crime to the person 

In a world that often defines people by their worst mistakes, compassion calls us to look deeper. Many individuals behind bars have been shaped by lives of poverty, trauma and injustice who made poor decisions. In places like Sri Lanka and Nepal, I’ve encountered people imprisoned for stealing food to provide for their families living in desperate poverty. These stories reveal a wider context of inequality, where systemic injustices and lack of access to healthcare, education, or employment drive people towards choices they might not otherwise make.  

While I do not excuse nor diminish the harm caused by crime, we must hold space for both justice and mercy. We must choose to see beyond someone's crime and into their heart to recognize their humanity and believe in the possibility of restoration – for them as an individual, for the victim and for our communities as a whole.  

Families are the silent, forgotten victims 

When someone goes to prison, it’s not only the individual who suffers; their families, especially children, often quietly bear the weight of that loss. I recently met 11-year-old Su Lin in Cambodia. Her dad is imprisoned, and her mother left the family in the care of their grandmother. When the burden of caring for them became too great, Su Lin’s brothers were put up for adoption. She doesn’t know if or when she’ll see her father again or whether her mum will ever return. 

Her story is heartbreaking, but just one of millions. Around the world, children of prisoners are shunned by their community for crimes they did not commit and left isolated in cycles of poverty, trauma and often, generational crime.  

Daily, I have the privilege of working with PFI’s network to support children like Su Lin, but so many more slip through the cracks. When we forget prisoners, we also abandon their families, the silent victims who deserve care, hope, dignity, and a chance at a brighter future. 

True justice restores, not just punishes 

I’ve seen first-hand how forgiveness, accountability, and a path to restoration can heal not just prisoners, but entire communities. In the Solomon Islands, a culture deeply rooted in a strong, connected community, this type of redemption is being lived out.  

There, before prisoners are eligible for parole, they are invited to participate in Sycamore Tree Project, a PFI program that aims to foster healing and reconciliation through restorative efforts. When all parties are ready, local religious leaders facilitate a reconciliation meeting between the offender and victim, often joined by their families and community leaders. These difficult yet grace-filled conversations lead to healing, accountability, and forgiveness. 

Our findings have been powerful: reoffending rates in these communities have dropped dramatically. This is what radical reconciliation looks like – messy and challenging, but life-changing. 

Faith calls us to love the forgotten

At the heart of faith is a call to love those whom the world has cast aside, including those behind bars, so often labelled unworthy and left behind. With many correctional systems still prioritizing punitive justice, I believe we are called to deeply reckon with how we can advocate for grace in a society focused on punishment. 

Prisoners are not beyond hope. Their families are not invisible. Their futures are not sealed. Together, we can bring light into the darkest places in our communities and societies. In doing so, we discover the depth of true, lasting justice and mercy.    

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