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
Football
Justice
5 min read

The 50-year injustice at the heart of women’s football

Now we need to do these two things to put right decades of disparity
A victorious women's football team celeberate.
It came home.
The Football Association.

I don’t normally like men’s international football. I spend all season wishing Bukayo Saka and Jordan Pickford nothing but misfortune and now, suddenly, I’m expected to cheer them on? Not for me, thanks. I’ll stick to revelling in scouse Schadenfreude when football, inevitably, does not come home. 

By contrast, I find the Lionesses much easier to support. That’s probably because, to my shame, I don’t really follow the Women’s Super League as much as I should. I don’t watch them with any petty grudges lingering in my mind. It does mean, however, that I can happily join the 12.2 million other people tuning in to watch Chloe Kelly hop, skip, and volley England to another European Championship. 

It also helps that they seem to keep winning in the most implausible ways possible. There’s a stat going round social media at the moment that, across all the knock-out games of this Euros, England were only ahead for 4 minutes and 52 seconds. Incredible. 

The Lionesses have – yet again – managed to show their nation the joy and drama of football and look set to inspire yet more women and girls to get involved in grass roots football. Women’s football, it would seem, is in rude health. But, look beneath the surface a little, and there are still significant disparities between the women’s game and the men’s game. 

In May, Chelsea effectively sold their women’s team to themselves: they sold the team to BlueCo (Chelsea’s parent company) for a reported £198.7m. This is not the first time Chelsea have engaged creative accounting. In April. 2024, the club revealed it had sold two hotels it owned to one of BlueCo’s sister companies (a move later upheld by the Premier League itself). A whole women’s football team – a good one, at that! – being leveraged for accounting purposes. 

Elsewhere, Liverpool Women’s Team sold their star player – Canadian forward Olivia Smith – to Arsenal for a world record fee of … £1m. To put that into context, Liverpool’s men’s team have already bought Florian Wirtz for roughly £116m this summer. They may add to that by buying Alexander Isak for anywhere up to £150m. And that’s to ignore the purchases Hugo Ekitike (£69m), Milos Kerkez (£40.8m), or Jeremie Frimpong (£35m). Moreover, the first male player to be sold by an English club was Trevor Francis, sold by Birmingham City to Nottingham Forrest. The year? 1979. 46 years ago. 

In purely financial terms, then, the women’s game seems to be about 50 years behind the men’s. And yet, there are the Lionesses. They have just retained the European Championship. They have made three finals in a row, winning the Euros twice and narrowly losing the World Cup final in 2023. By contrast, the men’s team famously haven’t won a major trophy since 1966. 

And so why does women’s football exist in an alternative financial universe about 50 years behind the men’s game? Well, I think a big part of it is making up for lost time. 

The FA banned women from playing at FA-affiliated grounds between 1921 and 1971. Did you know that? It’s one of the UK’s greatest sporting shames and yet it’s hardly common knowledge. How like this country to front up to its institutional mistakes with silence. 

For 50 years women were effectively unable to participate in the sport in any meaningful and professional way. 50 years. Where have we heard that number before? 

Prior to this, women’s football had been rather popular. Dick, Kerr Ladies FC regularly attracted matchday audiences of thousands. In 1920, the year before the FA ban, 53,000 fans went to Goodison Park to watch they play against St. Helens. For context, this is a crowd so big the vast majority of Premier League stadiums would not be able to accommodate it. It would fill Brentford’s stadium three times over, and there would still be people queuing up outside. 

For 50 years, men’s football was able to accelerate and grow while women’s football matches simply weren’t possible. Who knows where women’s football would be now, if it had been allowed to continue with the successes it had won for itself. 

The success of the men’s game is built, in part, upon the enforced stagnation of the women’s game. People watched men’s football because it was the only football it was possible to watch. Men’s football owes its success in part to this. I don’t see how we can say otherwise. In response to this, I wonder if there are two things the sport might do to attempt to rectify this somewhat: one big, one small. 

First, the big change. I wonder if there does need to be some form of reparations instituted to restore parity and to right the wrongs of the past? I know this won’t be popular. I love football, and I love it when my football club spends loads of money on players. I love that Liverpool (men’s team) might spend over £100m on two separate players this summer. I probably shouldn't be rubbing my hands at this, but if I’m honest, I am. 

But at least some of this money ought to be diverted away from the men’s game and funnelled towards the women’s game. If men’s football is built in no small part on the enforced cessation of women’s football, then this seems only to be right. It’s not about punishing men’s football or paying a penalty for wrongdoing. It’s simply about restoring back to women’s football that which rightfully belongs to it. 

Second, the small change. We should start calling men’s football teams ‘Men’s Football Teams’. When I talk about Liverpool Men’s Team, I just say ‘Liverpool’. I know, and anyone listening to me knows, that I mean the men’s team. I then add ‘Women’s’ when I’m talking about the Women’s Team. 

The effect of this is that the ‘Men’s Team’ becomes the ‘default’ way of thinking about football. It is the ‘normal’ way of engaging with the sport, and this is then qualified or relativised by my talking about ‘Women’s football’ elsewhere. ‘Women’s Football’ becomes a smaller sub-category of the bigger category of ‘football’ as a whole, which is implicitly linked to ‘Men’s football’ specifically. 

By taking the time to specify ‘Men’s Football’, we remind one another that football needn’t be played by men at all. That it, too, is just one way in which the sport might be engaged with or played. Not the ‘default’ or ‘correct’ way the sport exists. It’s a small change that, with time, may have a big effect on the way the sport as a whole of perceived. 

50 years of injustice cannot be repaired overnight. There is a lot of work to be done to undo the wrongs of football’s historic treatment of women. But the sooner men’s football starts, the sooner justice will be restored. 

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