Legislating against hate crime in New Zealand : the need to recognise gender-based violence Brown, Charlotte
Material type:
ArticleSeries: Victoria University of Wellington Law ReviewPublication details: Wellington Victoria University of Wellington; Victoria University of Wellington 2003Description: 31 pSubject(s): Online resources:
In: Victoria University of Wellington Law Review 35 (3) : 581-608Summary: This paper presents a discussion of the Sentencing Act (2002), which incorporates a clause for hate crimes. The clause allows for a longer sentence for those crimes which are proved to be hate crimes, and includes race, ethnicity, religion, and sexuality, but excludes gender as one of the grounds of hostility. The author argues that crimes against women, such as rape, are ultimately crimes based on a hatred of women. In a review of cases of serial rapists, the author claims that a clear pattern of hatred towards women is evident. The author also argues for a change in thinking, asserting that rather than conceptualising rape as a crime of sex, it needs to be thought of as a crime of hate. The author concludes that the Sentencing Act should be amended to incorporate crimes of hate against women to send a clear message to perpetrators of rape, and to the rest of society, that rape is not about sex but is a hate crime.
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Victoria University of Wellington Law Review 35 (3) : 581-608
This paper presents a discussion of the Sentencing Act (2002), which incorporates a clause for hate crimes. The clause allows for a longer sentence for those crimes which are proved to be hate crimes, and includes race, ethnicity, religion, and sexuality, but excludes gender as one of the grounds of hostility. The author argues that crimes against women, such as rape, are ultimately crimes based on a hatred of women. In a review of cases of serial rapists, the author claims that a clear pattern of hatred towards women is evident. The author also argues for a change in thinking, asserting that rather than conceptualising rape as a crime of sex, it needs to be thought of as a crime of hate. The author concludes that the Sentencing Act should be amended to incorporate crimes of hate against women to send a clear message to perpetrators of rape, and to the rest of society, that rape is not about sex but is a hate crime.
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