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If a patient requests same sex care and a doctor lies to them and performs intimate care, that should be a sex crime

326 replies

SernieBanders · 14/02/2025 08:00

as a general principle everyone should be offered same sex doctors and nurses and carers for intimate care and anyone who lies or omits the truth about their real sex should be prosecuted.

do you agree?

OP posts:
SernieBanders · 14/02/2025 10:44

JHound · 14/02/2025 10:39

If the patient cannot even tell the sex of the person treating them then not sure why anybody would be bothered.

Also not sure how it’s a violation of consent unless you had expressly made clear you only wanted a cis gender / non transgender doctor treating you.

Because patients can still state their wishes, and expect them to be followed, if they are blind, cognitively impaired in some way or indeed anything else

"Cis gensder" is a slur. Please don't use it.

AND - as has been pointed out by so many victims of sexual assault in the last 8 pages, it matters to them

OP posts:
Ereshkigalangcleg · 14/02/2025 10:43

Also not sure how it’s a violation of consent unless you had expressly made clear you only wanted a cis gender / non transgender doctor treating you.

Because a biologically male doctor is a man, not "female", or a "woman". It's not about gender identity, it's about sex. Women who want to be treated by a female doctor aren't going to think they might actually be offered a man.

PaperAeroplane · 14/02/2025 10:42

PaperAeroplane · 14/02/2025 10:41

Hmmm.. When I was younger I used to have to see a (nhs) gynaecologist a lot. Thinking back I'd sometimes have a male doctor sometimes female, I wouldn't know until I arrived at the hospital. I didn't know you could request a female doctor? Whenever it was a male doctor he would always ask if I'd feel more comfortable with a female nurse present.

That being said If you are requesting a female nurse to be present to make you feel more comfortable then it should be a female, not a trans woman.

SernieBanders · 14/02/2025 10:42

Bogginsthe3rd · 14/02/2025 10:42

Do I agree? No 😂 Next qs?

Well tell us your thoughts, this is supposed to be a discussion forum?

OP posts:
Naunet · 14/02/2025 10:42

JHound · 14/02/2025 10:39

If the patient cannot even tell the sex of the person treating them then not sure why anybody would be bothered.

Also not sure how it’s a violation of consent unless you had expressly made clear you only wanted a cis gender / non transgender doctor treating you.

Someone asking for a female Dr is being perfectly clear.

Bogginsthe3rd · 14/02/2025 10:42

Do I agree? No 😂 Next qs?

thenosiesttermagant · 14/02/2025 10:41

Ereshkigalangcleg · 14/02/2025 10:41

A male medic who pretends to be a woman at work and claims that this allows them to override patient consent is not patient focused.

Exactly. This is the heart of the matter. I would rather have a bog standard male doctor do it than a male like Upton who thinks his comfort and feelings are more important than his female patient.

THIS!

Ereshkigalangcleg · 14/02/2025 10:41

A male medic who pretends to be a woman at work and claims that this allows them to override patient consent is not patient focused.

Exactly. This is the heart of the matter. I would rather have a bog standard male doctor do it than a male like Upton who thinks his comfort and feelings are more important than his female patient.

PaperAeroplane · 14/02/2025 10:41

Hmmm.. When I was younger I used to have to see a (nhs) gynaecologist a lot. Thinking back I'd sometimes have a male doctor sometimes female, I wouldn't know until I arrived at the hospital. I didn't know you could request a female doctor? Whenever it was a male doctor he would always ask if I'd feel more comfortable with a female nurse present.

JHound · 14/02/2025 10:41

(I also have no issue with a patient being able to insist on a doctor of the actual same sex.)

thenosiesttermagant · 14/02/2025 10:40

The deception is key as OP has pointed out and is at the heart of medical ethics.

Of course there may not always be a same sex HCP available, so the correct course of action then is to explain this and how long the delay will be. I've been next to someone who demanded single sex care in hospital - they explained she'd have to wait, maybe hours, and she chose to do so.

If people are lying about sex they're taking away that choice. I think in the case i observed it was a religious requirement so deceiving her would mean she would be breaking her religious law. That's not ok.

If someone will lie about their sex, what else will they lie about? What illness you have, for example? Whether they've given you the appropriate care?

JHound · 14/02/2025 10:39

If the patient cannot even tell the sex of the person treating them then not sure why anybody would be bothered.

Also not sure how it’s a violation of consent unless you had expressly made clear you only wanted a cis gender / non transgender doctor treating you.

Fordian · 14/02/2025 10:39

I think a major issue is that where a TiM is practising as a doctor, there is a strong risk that the department in which he is working may have been captured in the way this Fife hospital evidently has, where we 'witnessed' the unedifying spectacle, yesterday, of a senior female (or am I 'projecting'?) nurse stating that pregnancy was the only differentiator she knew of between the sexes.

I'm hoping this was because of her fear of vilification, cancellation or suspension was real enough to her that she was prepared to endorse this bollocks under oath at an Employment Tribunal, not that she actually believed this.

But one gets the impression that any female patient, upon encountering the 'biological woman' Dr Upton who as a result requested a female doctor (the observed female at birth variety) might well at best be treated coldly, regarded as a bigot, or even possibly denied treatment altogether from the captured and fearful handmaidens of this cult.

If you ask for female attention and a man in a frock walks in, that's deception.

Helleofabore · 14/02/2025 10:39

Rainandgame · 14/02/2025 10:06

Mine lied as was hidden by gowns and masks at the time and was not really aware until it was too late.

The horror came years later when I realised it was a male I knew, found out by a chance meeting with admission of it and a couple of inappropriate comments were made.

I am so sorry that happened to you.

Rainandgame · 14/02/2025 10:38

There is a misunderstanding here on this thread which has been brought up a couple of times.

Some people have previous trauma from SA, it can make situations like this completely terrifying. You can’t understand how much it will trigger the patient unless you’ve had that life experience.

Helleofabore · 14/02/2025 10:38

BackToLurk · 14/02/2025 10:28

I had a transvaginal ultrasound. The letter confirming the appointment was clear that the team was 'all female'. It's a shame that recent developments makes it unclear what this means in practice.
I have to say that I found this procedure particularly intimate. I don't know what I would have done if a male HCP had been present

I have had two and didn't ever think I could ask for a female. It was very painful due to the fact that I was very stressed. I was in a bit of pain for days after both times.

Upstartled · 14/02/2025 10:37

What an utter coward.

Helleofabore · 14/02/2025 10:35

Alliscalmallisnotbright · 14/02/2025 10:14

There often are only either male or female doctors about of varying skill levels and in emergency care especially we don’t have the time (as in patients are critically unwell) or the skill mix to afford choice but I can categorically say no member of staff, male or female does an intimate examination of a patient without a chaperone and there is absolutely always a female chaperone available.
Dr Upton comes across by their media portrayal as very unpleasant and cocky. I have no doubt they have a difficult time adjusting or integrating for various reasons with new teams but everything sounds so self directed rather than team or patient oriented.

I have watched the tribunal. The media portrayal is probably kinder than the reality. It was clear that Upton is deeply entrenched in activism and that takes precedence over anything else, except Upton's own needs.

However, the issue remains that it seems to be, from seeing the tweeted transcipts that the Fife team do seem to be protecting Upton's statements that Upton is 'female'. So, I don't believe that the team at Fife would be anything be supportive of Upton attending a patient who has asked for a female doctor.

The nurse yesterday declared that sex was complicated and that she, as a nurse, was not qualified to make a determination as to who was male or female. That only a doctor trained in that field could be qualified to determine who was male or female really, and that if Upton said that they were female, she had to believe that was the case. Because a male with a transgender identity who declared they were female is female in that nurse's opinion. And she was a nurse who had managerial responsibility over others.

HelloMyNameIsElderSmurf · 14/02/2025 10:31

TickingAlongNicely · 14/02/2025 09:29

Let's take this to the most extreme example.
After being raped, a woman needs medical attention. She requests a female team.

Do people see how traumatising if the medical staff at this point claimed they were female?

Meanwhile the majority probably wouldn't care who was setting their broken arm. Or if they were cardiac arrest.

Its about CONSENT and understanding your patient.

This happened in Scotland back in 2020 about who could give a forensic examination after sexual assault (think that's the equivalent of SARC doctors in England?)

Johann Lamont sacrificed her political career to insert a clause that said victims could express a 'sex' preference rather than a 'gender' preference. Imagine walking into a sexual health centre the morning after a rape or sexual assault and being told that the six foot plus chiselled jaw-lined male-patterned baldness Dr U was a woman?

TethersMiddle · 14/02/2025 10:30

Rosscameasdoody · 14/02/2025 09:04

The poster does have a point though. What if, in an emergency situation the on call was trans and the only person available ?

No different to an emergency situation where there are only males available.

This is just ONE circumstance. Now let's move on to all of the other situations that aren't emergencies.

BackToLurk · 14/02/2025 10:30

mitogoshigg · 14/02/2025 10:17

I kind of disagree, I think medical care should be performed by professionals and a chaperone should be provided on request but the sex or gender does matter as they are professionals. I've had a male ob/gyn and I certainly didn't think he was anything other than the best qualified person to help me, he was the top person at the hospital in fact! The fact your biologically male dr wears dresses is of no consequence to their ability to practice medicine. No dr should be abusing patients ever, it has nothing to do with their sex

With respect, if you don't mind what sex your HCP is then the OP's question doesn't apply to you.

BackToLurk · 14/02/2025 10:28

I had a transvaginal ultrasound. The letter confirming the appointment was clear that the team was 'all female'. It's a shame that recent developments makes it unclear what this means in practice.
I have to say that I found this procedure particularly intimate. I don't know what I would have done if a male HCP had been present

tigger1001 · 14/02/2025 10:27

ExtraOnions · 14/02/2025 08:49

If I was in an emergency situation I would want whoever was qualified to attend to me .. and I wouldn’t care what genitalia they were sporting.

And that's a perfectly valid response. For you.

But others may feel differently, and their rights don't get to be trampled on.

CheekySnake · 14/02/2025 10:27

There's also an unspoken contract at play that when a woman asks for same sex care, she's assuming that the medical team are agreeing to use the same definition of sex as she is.

Upton is using his own set of rules and told the tribunal that it was fine for him to examine the female patient because there was no proof that the woman wasn't also using Upton's special rules.

Naunet · 14/02/2025 10:25

mitogoshigg · 14/02/2025 10:17

I kind of disagree, I think medical care should be performed by professionals and a chaperone should be provided on request but the sex or gender does matter as they are professionals. I've had a male ob/gyn and I certainly didn't think he was anything other than the best qualified person to help me, he was the top person at the hospital in fact! The fact your biologically male dr wears dresses is of no consequence to their ability to practice medicine. No dr should be abusing patients ever, it has nothing to do with their sex

Well what a privilaged view you have. I was sexually abused by my father from the age of 3, I have cptsd that is triggered in medical settings with people in a position of trust and authority, along with feeling out of control of my own body. So tell me, does my trauma not matter? Does the NHS not need to care for my mental health? Why does my consent or lack of mean nothing if a person has a qualification? Does that qualification somehow make my trauma vanish?