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Why is ‘JK Rowling arrest’ trending?
PM Rishi Sunak has backed JK Rowling over her comments on social media challenging Scotland's new hate crime law
HARRY Potter author JK Rowling has found herself once again trending online.
It came after she appeared to flout new hate crime rules that have come into force in Scotland.
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What has JK Rowling said about Scotland's hate crime law?
On April 1 2024, JK Rowling challenged in a series of social media posts.
In them she invited police to "arrest her" if they believe she has committed an offence.
It came after the Harry Potter author, who lives in Edinburgh, described several transgender women as men, including convicted prisoners, trans activists and other public figures.
She appeared to taunt police by using the hashtag “arrest me” as she posted a series of tweets.
JK was challenging the Scottish First Minister Humza Yousaf's Hate Crime and Public Order Act, under which cops can investigate those accused of “stirring up hatred”.
To underline her point, she flagged cases including that of Isla Bryson.
With a dose of sarcasm, the author said rapist Bryson “found her true authentic female self shortly before she was due to be sentenced”.
She added: “Misgendering is hate, so respect Isla’s pronouns, please.”
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In the same vein, she said Samantha Norris, who was jailed after she had “exposed her penis” to two young girls, was “still a lady to me”.
EastEnders first transgender star Riley Carter Millington calls on JK Rowling to apologise
She also tweeted about Amy George, who got 20 years for sexually abusing a girl they abducted while dressed as a woman.
But in a further message, JK then added: “April Fools! Obviously the people mentioned in the above tweets aren’t women at all, but men, every last one of them.”
This isn't the first time that JK has come under fire over trans issues.
In 2020, she questioned women’s safety in changing rooms in a tweet that went viral.
She was accused of transphobia when replying to an article with the headline: “Opinion: Creating a more equal post Covid-19 world for people who menstruate.”
She tweeted: “‘People who menstruate’. I’m sure there used to be a word for those people. Someone help me out. Wumben? Wimpund? Woomud?”
Several people hit back to point out it was not only women born women who menstruate.
JK was also blasted in 2019 for backing a researcher who was fired for tweeting, “men cannot change into women.”
The author responded: “My life has been shaped by being female.
"I do not believe it’s hateful to say so.”
What is Scotland's new hate crime law?
Scotland's first minister Humza Yousaf said the new law would deal with a "rising tide of hatred".
The Hate Crime and Public Order (Scotland) Act 2021 creates a new crime of "stirring up hatred" relating to age, disability, religion, sexual orientation, transgender identity or being intersex.
The law does not protect women as a group from hatred.
The Scottish is expected to include this later in a separate misogyny law.
What could happen to JK Rowling if she commits a hate crime?
The law states that action will be taken if a person communicates material, or behaves in a manner, "that a reasonable person would consider to be threatening or abusive," with the intention of stirring up hatred based on protected characteristics.
The maximum penalty under the new act in Scotland is a jail sentence of seven years.
SNP minister Siobhian Brown appeared to admit JK could be prosecuted.
Speaking as the Hate Crime and Public Order Act came into force she told Radio 4’s Today programme: “It could be reported and it could be investigated.
"Whether or not the police would think it was criminal is up to Police Scotland for that.”
The legislation was passed in 2021, while Humza Yousaf was serving as justice secretary in Nicola Sturgeon’s government.
It is only now being implemented after Police Scotland spent time training its officers.
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PM Rishi Sunak backed Rowling, and said: “People should not be criminalised for stating simple facts on biology.
“We believe in free speech in this country.”
The Hate Crime and Public Order (Scotland) Act 2021
The new act came into force on April 1, 2024:
- The Scottish government have said that the Hate Crime and Public Order (Scotland) Act will provide greater protection for victims and communities.
- It creates a new offence of “threatening or abusive behaviour which is intended to stir up hatred” on the grounds of age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.
- It is intended to consolidate existing hate crime laws, and adds to longstanding offences relating to stirring up racial hatred, which have been in place across the UK since 1986.
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