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Conspiracy theory
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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

I protested against the Unite The Kingdom protest

The need to see one another

Thomas is a writer exploring the intersection of faith, politics, and social justice.

CCTV footage show two rival protests divided by a line of riot police.
CCTV image of the rival protests on Whitehall.
Met Police.

I don’t know why I was so concerned about the horses. I kept noticing them swaying through the sea of shivering bodies. I was so drawn to them that I tried to take a photo, a rare occurrence for me, but I was too far away. The horses riders, dressed in full riot gear, were being pelted with beer bottles. Maybe the horses were getting hit too, but it felt like they were recoiling on behalf of their riders. 

In front of the horses, engulfing Trafalgar Square, were tens of thousands of “Unite the Kingdom” protestors. From what I could see, they were predominantly white men. Many of them were dancing and waving flags, but a sizeable contingent was furious, drunk, and insisted on attacking any unfortunate police officer in their way. 

Behind the horses, lining the streets of Whitehall, were five thousand counter-protestors, including me. Unlike our opposite numbers in Trafalgar Square, we were trapped, surrounded on every side by St George’s flags, Union Jacks, and, oddly, some Georgian flags too. Maybe the shop had sold out. To my right, I could see the counter-protestors defiantly dancing. To me left, I could see a group chanting “Nazi scum, off our streets” whilst swearing towards the St George’s flags. 

There in the middle, I found myself feeling a curious mixture of discomfort, sadness, and anger. Uncomfortable because I’d been trapped for four hours, stuck on a continuous cycle of rinse and drain. Sad, because I knew that much of the “Unite the Kingdom” violence was built on misinformation and the scapegoating of refugees, a group I know well, and because this fog of violence blew over the counter-protestors as they hurled insults towards the St George’s flags. And angry, because figures like Elon Musk were using their extraordinary wealth and influence to spread fear and lies: “Whether you choose violence or not, violence is coming to you. You either fight back or you die. You either fight back or you die. And that’s the truth. It’s only a matter of time till that happens to towns and villages. It will spread. And no one will have any peace.” Over the years, I have spent many hundreds, if not thousands, of hours with refugees and asylum seekers, both in my home and at my church. I had experienced no violence. In that moment, I was surrounded by “leftists”, socialists, and trade unionists, and the only violence I was experiencing was from the glint of beer bottles raining down on the police two hundred meters away. 

I was grateful for the interruption of an elderly lady asking if she could get past. I’d been asked a number of questions throughout the day, primarily because I was one of a group of four Christians holding signs like “Jesus was a refugee”, “love thy neighbour”, and “I was a stranger and you welcomed me”. At the start of the protest, an older lady and a young man joined our circle. The young man asked “I’m glad to see there are some Christians here. What do you think of Christian nationalism? Your religion doesn’t feel much like Jesus?” He was a brave Saudi Arabian refugee with a bright smile, earnestly questioning the fractures in my community of faith. Taken aback by the poignancy of the question, I fumbled a response before being rescued by one of my friends. 

Protest signs written on cardboard.
Tommy's protest signs before the rain.

 

After a while, the older lady started speaking. “Sorry for interrupting. I used to be a Roman Catholic, but I’ve lost my faith. On days like this though, I always want to pray. I don’t feel much hope for the church. A while ago, I went into a catholic church. I asked if the church could do anything about the divisions in our community and the anger at refugees. The priest shrugged and said no. I’m glad you’re here.” Her short, staccato sentences mirrored the tension of the day. I told her about how our church serves refugees, how I struggle with the anger of days like today, and how some of us have forgotten that the bible tells us to welcome the stranger dozens of times. As they walked away, I felt touched by the honesty both the young and old had gifted to four strangers, and I was glad to be carrying our smalls signs of hope. 

The megaphone brought the present back into view with another question. “Could everyone please get ready to leave up the left of Trafalgar Square?” it said. The police had cleared a path for us to leave, the sea of flags artificially parted by riot gear. We were escorted to Green Park tube station, at which point we turned off towards Oxford Street. My wife remarked at how quickly normality returned. I was devastated by the day, but felt too tired to weep. I wasn’t quite the same Tommy that I’d been that morning. The man who shares my name, and the chaos he wrought on my city, had turned a dial in me a little further than it had been turned before. 

I knew that I would have more days like this. In the midst of my discomfort, sadness, hope, and fear, I knew that I was supposed to be there, holding my soggy “Jesus was a refugee” sign, shivering in my damp clothes, and praying under my breath. I knew that I needed to gather other reluctant protestors alongside me, holding their own soggy signs and praying their own prayers. 

And I also knew that there was a better way to carry this fragile message of unity in our increasingly fragile land and increasingly fragile time. As a half-British, half-South African man, I’ve had the privilege of growing up with the stories of the anti-apartheid movement, stories which steward the hard-earned truth that defiant, tenacious, persistent love is the only antidote to hatred, misinformation and fear. As Desmond Tutu once said, “when we can accept both our humanity and the perpetrator’s we can write a new story”. Saturday left me feeling that we desperately need a new story, and that requires us to look beyond the swaying horses and see one another clearly. 

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