Why are women not protected by new hate crime law?

Article here. Excerpt:

'Scotland has introduced a new hate crime law which seeks to protect various categories of people from hatred and prejudice.

Transgender identity is included as a protected characteristic in the legislation.

However biological sex is not, to the dismay of some campaigners for women's rights, including the Harry Potter author JK Rowling.

She recently wrote on X that "women gain no additional protections, of course."
...
"Women, like everyone else, are already protected from threatening or abusive behaviour in law," said a Scottish government spokesperson.

They added that ministers were planning to go further, by introducing a bill to tackle misogyny which would be "the first of its kind in the world".

The law, said the spokesperson, would "create a new focus on protecting women and girls to address criminal behaviour motivated purely by misogyny."'