A Socio-legal Analysis of Gender-based Victimization, Misogyny and the Hate Crime Paradigm in England and Wales

Abstract

In England and Wales, legislation pertaining to hate crime recognizes hostility based on racial identity, religious affiliation, sexual orientation, disability or transgender identity. Discussions abound as to whether this legislation should also recognize hostility based on gender or misogyny. Taking a socio-legal analysis, the chapter examines hate crime, gender-based victimization and misogyny alongside the impact of victim identity construction, access to justice and the international nature of gendered harm. The chapter provides a comprehensive investigation of gender-based victimization in relation to targeted hostility to assess the potential for its inclusion in hate crime legislation in England and Wales.

Citation

Duggan, M. (2021), "A Socio-legal Analysis of Gender-based Victimization, Misogyny and the Hate Crime Paradigm in England and Wales", Sarat, A. (Ed.) Studies in Law, Politics, and Society (Studies in Law, Politics, and Society, Vol. 85), Emerald Publishing Limited, Leeds, pp. 101-128. https://doi.org/10.1108/S1059-433720210000085006