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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
Comment
Development
Justice
Music
5 min read

Millions of people are still cold, hungry and naked – will you be there?

The call to justice that echoes from Trafalgar Square to primary schools

Pete Moorey is a campaigner for Christian Aid.

A school choir sings in an ornate abbey setting
Twyford School Choir sings in Westminster Abbey.
Dean & Chapter of Westminster.

I’m getting close to my 50th birthday, so I’m prone to nostalgia. My mind wanders back forty years to my primary school days in the early 1980s in a village in Sussex.  

Once or twice a week, we’d have school assembly. This included singing hymns. Not something that a shy seven-year-old would usually enjoy. But, in fact, we belted out a series of classics with gusto, accompanied by an almost proficient teacher on an almost tuned piano. 

To Be A Pilgrim with its lyrics about fighting giants. All Things Bright And Beautiful and those purple headed mountains. And then our favourite When I Needed A Neighbour with the opportunity to scream out the words “I was cold, I was NAKED!” at top volume, cheekily looking at your classmates as you asked, “Were you there?” 

The thing about those hymns was that the lyrics stuck. Not just now, decades on, but even back then. And so when a teacher in assembly started to talk to the school about the famine in Ethiopia or the hurricane in the Caribbean, you began to think “Is that my neighbour?”  And when your church encouraged you to deliver envelopes door to door to raise money for Christian Aid Week, you asked yourself “Was I there?” 

Of course that was the intention of those songs. The story of When I Needed A Neighbour is bound up with the history of social justice movements in the UK and in particular the organisation I work for, Christian Aid. 

Christian Aid was founded in 1945 by the British and Irish churches, who felt convicted to do something to tackle the refugee crisis and poverty sweeping across Europe following the Second World War. 

By the late 1950s, it was running Christian Aid Week - a big charity appeal to tackle global poverty long before Live Aid or Comic Relief. And as Christian Aid reached its twentieth anniversary in 1965, this annual fundraiser was a big deal. 

Such a big deal in fact, it decided to launch the fundraiser in Trafalgar Square by running a Beat & Folk Festival. You can find an old newsreel of the occasion on YouTube. Nelson’s Column is surrounded by thousands of young people listening to the Christian equivalent of Peter, Paul and Mary and getting fired up about global injustice. 

For the occasion, the then Christian Aid area secretary for London, Brian Frost, decided that a new song needed to be written. And so he approached the modern hymn writer of the moment, Sydney Carter. Two years early, Sydney had written his most famous hymn Lord of the Dance

Brian was of that era when Christians were at the heart of the anti-apartheid movement and committed to ecumenical action. And so combining this passion for social justice and the folk song mastery of Carter - When I Needed A Neighbour was born.  

As Christian Aid marks its 80th anniversary, we revisited this classic. When you watch the newsreel of an early performance in 1965, you quickly realise its folk credentials. It’s not just the fact that it’s being sung by marvellously hirsute men, it’s also there in the folk melody, guitar accompaniment and sung refrains.  

A year later Sydney Carter would record an EP that included Lord of the Dance which featured the folk royalty of Martin Carthy on guitar. For folk aficionados, you’ll know him as one of the English folk music greats - married to the incredible Norma Watterson and father to Eliza Carthy. For those less familiar with the genre, he was also an important inspiration for Paul Simon and Bob Dylan - yes, him off A Complete Unknown. 

There’s no evidence that Martin appeared on When I Needed A Neighbour but I think his involvement a year later confirms that the song sits firmly in the Sixties folk music boom. To young ears, it would have been hip. To older ears, perhaps scandalous.  

How do you reimagine such a classic as When I Needed a Neighbour, 60 years on from its birth - and now 80 years into Christian Aid’s history? Especially at a time when we witness our global neighbours in Gaza, Sudan, Ukraine, the DRC, and more wondering if - in the face of conflict and humanitarian disaster - anyone is there. 

We started with the lyrics. In 1965, Sydney Carter captured something of the simplicity of the issue at hand. People are cold, hungry and in need of shelter. And there’s something that each and every one of us can do, in our common humanity, no matter who we are, whatever our creed, ethnicity or background. 

Within a few years of the song being written however, Christian Aid had a lightbulb moment - it wasn’t enough for us to respond to emergencies around the world. Not enough also to work with communities on long term economic development. No, if are to live out God’s call to act justly and to love mercy, then we needed to be part of movements tackling the unjust structures and systems that result in poverty and inequality around the world. 

And so in returning to When I Needed A Neighbour and working with hymn writer Ally Barrett, we have now written new words that act as a call to each and every one of us to be a neighbour by speaking out for justice. This is something that Christian Aid has done throughout our history, calling for action to drop the debt in the 1990s or as one of the first development organisations campaigning for climate justice in the 2000s. 

This week we marked our 80th anniversary at Westminster Abbey by recommitting ourselves to God’s call for justice. And this included the Kingdom Choir (who famously sang at Harry and Megan’s wedding) and the Sacred Choir from Twyford Church of England school in London performing a gospel-tinged version of When I Needed A Neighbour

My hope is that, 60 years on, the song will still carry resonance. In an age when conflicts rage, the climate crisis runs riot and inequality is rife, isn’t it time to answer When I Needed A Neighbour’s call again? 

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