Scottish Government has opened a consultation on proposals to expand hate crime law to include new protections based on sex.

The plans would update the Hate Crime and Public Order (Scotland) Act 2021 to cover prejudice-motivated behaviour against women and girls, as well as men and boys. This would bring sex into line with existing protected characteristics such as race, disability, religion, sexual orientation, age, variations in sex characteristics, and transgender identity.

The consultation seeks views on several key areas, including:

a new aggravation relating to the characteristic of sex
a “stirring up hatred” offence based on sex
protections for freedom of expression in relation to this offence
how offences should be reported and monitored

The proposals follow recommendations from Lord Bracadale’s 2018 review of hate crime law and the Working Group on Misogyny chaired by Baroness Helena Kennedy KC. Ministers had previously planned to introduce a dedicated Misogyny Bill but have confirmed there is insufficient time in the current parliamentary session. Instead, they intend to use existing powers under the 2021 Act to introduce a Scottish Statutory Instrument (SSI) by September. The consultation is open for 40 days, during which the Government will consider responses before finalising the SSI.

The deadline for responses is Friday 10 October 2025.

To submit your response, or for further information, please visit the Scottish Government consultation hub (linked for your convenience).