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
Feminism
Migration
Trauma
6 min read

“Defending our girls” is less about safety, more about scapegoating

The men who finally care about violence against women — just in time to blame immigrants for it

Belle is the staff writer at Seen & Unseen and co-host of its Re-enchanting podcast.

A protestor holds a blue smoke canister towards the camera lens.
An asylum hotel protester, Epping.

Something has profoundly shifted in the way we are speaking about male violence against women and girls. Or perhaps I should say, the shift is precisely that we are speaking about male violence against women and girls.  

Wait.

Would you allow me to slightly amend that statement once more?

I say ‘we’ are talking about it, what I really mean, if I may be so blunt, is ‘men’. Men are talking about male violence against women and girls.  

Therein lies the shift. 

Women have been speaking about this epidemic of violence for years, they have been having endless conversations about the complexities of their own sense of sexual safety, relentlessly sounding the alarm. And, all too often, being ignored. It has so commonly felt as though women could scream about this topic at the top of their lungs and be met with an exasperated eyeroll. Perhaps that’s ungenerous of me, maybe the lack of political interest has been more about despondence than disbelief. Either way, it has continually appeared as though male violence against women and girls has sat, slumped and hopeless, at the bottom of the political agenda.

Until now, that is. Now, it is the crux of many campaigns, sitting right at the forefront of multiple political conversations. One conversation, in particular.  

Earlier this year, Conservative MP, Robert Jenrick, wrote an article in which he stated that he fears for his daughters’ safety, not wanting them to live near ‘men from backward countries who broke into Britain illegally and about whom you know next to nothing’. Political party Reform UK has a concern for women’s safety sitting at the forefront of their campaigns; again, Nigel Farage (leader of Reform UK) has continually suggested that it is the immigrant communities in the UK who are posing the threat. Signs that read ‘defend our girls’ have been ever-present at many of the anti-immigration protests that have happened throughout the summer months, the same phrase was chanted by those taking part in the ‘Unite The Kingdom’ march, organised by far-right activist, Tommy Robinson.  

So, we have a direct line being drawn between immigration and the epidemic levels of violence against women and girls. A common enemy is a powerful thing, isn’t it? A uniting thing? An energising thing, even? This line from A to B (‘A’ being the violence and ‘B’ being people who have come to this country from another) is one that I cannot draw myself. I find no biblical nor sociological justification for doing such. In fact, I’m hit with quite the opposite. 

I’ll get biblical, but shall we start with the sociological?  

Violence against women – be that physical, verbal, sexual, financial, or any other nuanced kind – is a tragic reality here in the UK, as well as globally. We know this and there can be no denying it.  

One in three women will experience domestic abuse.  

A woman is murdered by a partner/ex-partner every four days.  

One in two rapes against women are carried out by a partner/ex-partner.  

More than 90 per cent of perpetrators of rape and/or sexual assault are known to their victims.  

One in three adult survivors of rape experience it in their own home.  

These facts are heartbreaking, stomach-churning, worthy of our indignation and fury. They do not, however, imply that the dominant threat to women are strangers who have come to UK from other countries. Such claims, while being spoken of loudly and continually, are unfounded.  

There’s almost an ‘if-only-ness’ about such claims, isn’t there? And so, if I lower my hackles, I can sympathise with wanting such claims to be true, albeit momentarily - if only we could solve male violence against women and girls so easily.  

If only it were so neat.  

Instead, we have to sit in the utterly overwhelming, and often debilitating, reality that violence is being carried out against women in every age group, every socioeconomic group (although it must be acknowledged that women who can’t access public funds, such as welfare support or housing assistance, are three times more likely to experience violence), every ethnic group, and in every corner of the country. As a woman, if a man is shouting at me while I’m alone – it makes no difference what language he’s shouting at me in, tragically, I’ve learnt to be scared regardless.  

The notion that it is an imported problem that can therefore be a deported problem, is wrong. And, dare I say it, undergirded by racism.  

It’s perhaps also worth mentioning that there is footage from the recently held ‘Unite the Kingdom’ march, during which the mandate to ‘defend our girls’ was continually chanted, of men chasing female counter-protesters down the street. While a call to defend women was chanted one minute, a call for women to expose themselves was chanted the next. Furthermore, it has been reported that 40 per cent of those arrested during the 2024 anti-immigration protests had previously been reported to the police for domestic abuse. In my home city of Bristol, it was two-thirds of those arrested.  

So, while women’s safety seems to be at the forefront of political and social movements right now, I can’t help but be deeply suspicious of the intentions behind it. It seems to me that the same people who have spent the last five-or-so years responding to women’s pleas for help with an irritated ‘not all men’ chant, are now more than happy to point at a marginalised group of people and declare ‘but probably all those men’.  

But this isn’t simply sociological, nor is it purely political. For me, there are theological reasons why I can’t help but wince at what is happening.  

I simply don’t think the Bible gives us the option of pitting one marginalised group against another; it’s clear on the fact de-humanisation can never be a tool in our societal toolbox. In fact, if we’re going to get biblical with it, vulnerable women and ‘migrants’/’foreigners’/’strangers’/’sojourners’ – they’re always on the same list.  

‘He defends the cause of the fatherless and the widow, and loves the foreigner residing among you, giving them food and clothing’ – that’s the book of Deuteronomy. And this – ‘Do not oppress the widow or the fatherless, the foreigner or the poor. Do not plot evil against each other.’ – is the book of Zechariah.  

I could go on.  

We have a shared humanity and, therefore, a sacred responsibility to protect both the women and girls who are facing unspeakable injustice, and those who are being unfairly scapegoated for it. It’s an uncomfortable tension, I can’t deny it. It refutes quick-fixes, it raises its eyebrows at cheap blame, and it absolves any comforting notion that the problem flows from elsewhere - Christianity simply does not offer such a luxury. Compassion cannot be finite, love – as Graham Tomlin has argued – cannot be a limited commodity. 

And this is precisely why such things being increasingly carried out in the name of Christianity makes no sense to me. Surely, this cannot be espoused in the name of the Jesus who destabilises the boundaries between ‘Our Sort of People' and 'Those Others Over There?’ (to quote Francis Spufford)  

We cannot be fooled, fear and distrust on the basis of someone being different from ourselves is not – I repeat, not - a Christian value. One vulnerable group’s pain being unjustly weaponised against another vulnerable group has no hint of Jesus about it. Plus, doing so knowingly compromises the care we can offer to both groups. 

I’m getting a little weary of being told that, as a woman, this hate will ensure my safety. Both sociologically and biblically, I’ve found the grounds to call time on such a claim. 

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