The proposal comes after the Scottish government commissioned a report, external from the human rights lawyer and Labour peer, Baroness Helena Kennedy KC.
It concluded: “We do not recommend the addition of sex as a characteristic to the [Hate Crime Act] as we feel that misogyny is so deeply rooted in our patriarchal ecosystem that it requires a more fundamental set of responses.”
Instead, Baroness Kennedy recommended the creation of a separate law to tackle “the spectrum of misogynistic conduct”.
She wrote: “While not all misogynistic behaviours will be captured…the shift in thinking and the reappraisal of certain forms of speech and conduct will contribute to a resetting of cultural norms.
“This Act will also depart from the established practice of having law that is neutral with regard to gender.
“We feel that to eradicate misogynistic crimes these laws have to be targeted at protecting women. Treating as equal those who are not yet equal only furthers inequality.”