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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:
tedlassoforprimeminister · 14/02/2025 10:06

Arseynal · 14/02/2025 08:21

There is a world of difference between “I’m sorry, there isn’t a female doctor on duty right now, would you like to see the male doctor with a female chaperone?” or “I can make you an appointment with a female doctor but the next available one isn’t until July” and telling a patient they can see a female doctor and sending in a man. Especially when the man is challenged and says “I am a biological female” when they aren’t. Consent still matters, even when the service is stretched and consent obtained by deception is not consent at all.

This exactly

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.

InvisibilityCloakActivated · 14/02/2025 10:09

I can see both sides. A doctor should be able to examine a patient without having to explain every 5 minutes "I'm trans", to each new patient they see.

In emergency situations, the parties should be considered as Doctor and Patient rather than man/woman.

However, as Dr Upton is legally male (no reassignment surgery or legal gender change certificate according tot the article) if a patient (or the person advocating for them) has specifically asked for a female doctor, I think that Dr Upton should respect and acknowledge that and excuse himself from that case and move on to their next one.

MajorCarolDanvers · 14/02/2025 10:09

Arseynal · 14/02/2025 08:21

There is a world of difference between “I’m sorry, there isn’t a female doctor on duty right now, would you like to see the male doctor with a female chaperone?” or “I can make you an appointment with a female doctor but the next available one isn’t until July” and telling a patient they can see a female doctor and sending in a man. Especially when the man is challenged and says “I am a biological female” when they aren’t. Consent still matters, even when the service is stretched and consent obtained by deception is not consent at all.

1000%

you’ve articulated this perfectly

SernieBanders · 14/02/2025 10:11

InvisibilityCloakActivated · 14/02/2025 10:09

I can see both sides. A doctor should be able to examine a patient without having to explain every 5 minutes "I'm trans", to each new patient they see.

In emergency situations, the parties should be considered as Doctor and Patient rather than man/woman.

However, as Dr Upton is legally male (no reassignment surgery or legal gender change certificate according tot the article) if a patient (or the person advocating for them) has specifically asked for a female doctor, I think that Dr Upton should respect and acknowledge that and excuse himself from that case and move on to their next one.

No amount of surgery, legal fictions, dresses or make up give a doctor the right to treat a patient via deception.

OP posts:
smallchange · 14/02/2025 10:11

Butchyrestingface · 14/02/2025 09:59

How do people feel about the idea of a transman performing intimate examinations or procedures on them?

I imagine it could be quite triggering for some women to have a male-presenting woman attend to them (and imo, women are generally better at performing/approximating maleness than men are at approximating femaleness). The clinician would therefore still be biologically female, but male presenting. It feels like a can of worms.

No. Basic patient respect and an understanding that when you work in some fields where people are at their most vulnerable you cease to be the most important person in the room.

So if someone asks for a female clinician, and the only one available is a transman, and when that clinician attends the patient they object because they don't believe that the transman is actually female, you go back to "sorry, Dr X is female but now presents as male however you are not obliged to accept care from him. How would you like to proceed?".

Lets say you know that your friend's dad works as a surgeon and you're due to have a relatively minor procedure carried out under general anaesthetic. You specifically request that your friend's dad doesn't carry out the procedure because, no biggie - it just makes you feel uncomfortable. You're told that's fine. It wouldn't be a big deal if it was delayed.

You find out later that friend's dad threw a hissy fit at not being involved and carried out the procedure - I think we can all agree that you didn't consent to that? This is the same. If friend's dad jumped in because you were bleeding out and he was the only person available to help? Reasonable not to check your consent in an emergency situation.

There are already detailed rules about consent, and the differences between seeking consent in routine and emergency situations. It's only in the specific circumstances of same sex (not gender) care that there appears to be some tension and a willingness to attempt to mislead patients by some institutions and staff members. I believe this invalidates consent as it's generally understood and should be stopped.

Grammarnut · 14/02/2025 10:12

CheekySnake · 14/02/2025 09:59

He doesn't pass.

If he did, SP wouldn't have clocked him as male.

I had not seen photos. But of course, logically he does not pass or SP wouldn't have realised he was male. I suspect air-brushed photo?

nolongersurprised · 14/02/2025 10:12

InvisibilityCloakActivated · 14/02/2025 10:09

I can see both sides. A doctor should be able to examine a patient without having to explain every 5 minutes "I'm trans", to each new patient they see.

In emergency situations, the parties should be considered as Doctor and Patient rather than man/woman.

However, as Dr Upton is legally male (no reassignment surgery or legal gender change certificate according tot the article) if a patient (or the person advocating for them) has specifically asked for a female doctor, I think that Dr Upton should respect and acknowledge that and excuse himself from that case and move on to their next one.

If I am requesting a female doctor I would prefer to see a female doctor. A GRC doesn’t mean that people have changed sex, because no one can change sex.

PinkSparklyPussyCat · 14/02/2025 10:13

BigFatLiar · 14/02/2025 09:50

I think you should have the option but it's not always possible. I don't think we have a male GP or male nurse in our health centre so DH would be out of luck there.

Were I in the medical profession I'd find nothing wrong with being asked for a same sex doctor or nurse though it may mean a delay in treatment. Similarly you should be able to ask for a same sex consultant.

Not sure if their enough male nurses to have same sex nursing for males.

Our GP surgery is a fairly equal mix of male and female doctors. I nearly always choose one of the male GPs as I feel comfortable with him and he is more understanding than the females I've seen. However I know he's male so it's my choice and I can make the choice of whether I see him or a female GP.

TheBroonOneAndTheWhiteOne · 14/02/2025 10:13

SmudgeHughes · 14/02/2025 10:01

I also don’t want to be treated by a doctor acting out their sexual and other fantasies at work.

This x 10,000!

This is the whole point.

Grammarnut · 14/02/2025 10:13

SmudgeHughes · 14/02/2025 10:01

I also don’t want to be treated by a doctor acting out their sexual and other fantasies at work.

Nor do I. Which is the problem with Dr Upton. He is acting out a fantasy at work and deceiving patients - who may be in no state to recognise the deception.

Helleofabore · 14/02/2025 10:14

Butchyrestingface · 14/02/2025 09:59

How do people feel about the idea of a transman performing intimate examinations or procedures on them?

I imagine it could be quite triggering for some women to have a male-presenting woman attend to them (and imo, women are generally better at performing/approximating maleness than men are at approximating femaleness). The clinician would therefore still be biologically female, but male presenting. It feels like a can of worms.

I think at this stage, after so many discussions, I think that this is not really a significant issue.

The female people with transgender identities that have taken testosterone and have deliberately made changes to their bodies to have some male body cues tend to understand that the way they present can cause other female people distress. From what I understand, few, if any, female doctors who have taken these steps would probably enter into an interaction with a female patient who has requested female only professionals for intimate care.

It does however, seem to be something that male people seem all too willing to do. They say it is so they are not 'outed'. But I think it is a validation tool for them.

So, I dont' think it is the can of worms you think as far as female people who have transitioned. And in person, I am not sure just how many of these female people pass with all patients through out interaction, particularly with the voice. I know that some people will absolutely swear 'they cannot tell', but I suspect that most female people will be able to tell even just be movement and voice and stature.

Alliscalmallisnotbright · 14/02/2025 10:14

BlondiePortz · 14/02/2025 08:04

Is there enough doctors as it is for people to be able to be seen at all let alone picking or choosing by whom?

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.

nolongersurprised · 14/02/2025 10:14

nolongersurprised · 14/02/2025 10:12

If I am requesting a female doctor I would prefer to see a female doctor. A GRC doesn’t mean that people have changed sex, because no one can change sex.

And a GRC means nothing to me. I don’t believe in “gender” as a concept. Even though there are supposedly 73 genders now

ValerieDoonican · 14/02/2025 10:14

Chersfrozenface · 14/02/2025 09:39

Where does it mention same sex care in the Royal Berks document?

Exactly - this awful weasly wording "preferred gender" absolutely grinds my gears

I want an HCP whose sex is female. If she takes testosterone and spprts a beard that would be a bit odd and I'd wonder about why, but fine. But gender is not the issue here. It's sex.

SassK · 14/02/2025 10:15

SernieBanders · 14/02/2025 10:05

What if they had a dress on and a bit of lippy?

Gosh that'd make all the difference. Not.

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

Househunter2025 · 14/02/2025 10:18

Upstartled · 14/02/2025 10:03

Yes, obviously I'd much rather have a woman than a man examine me if I'd I asked for same sex care.

Edited

But a trans man is technically a woman

tigger1001 · 14/02/2025 10:18

BlondiePortz · 14/02/2025 08:04

Is there enough doctors as it is for people to be able to be seen at all let alone picking or choosing by whom?

It's a fundamental point of care - anyone has the right to ask for a doctor of the same sex.

And informed consent is one of the cornerstones for healthcare.

SmudgeHughes · 14/02/2025 10:19

heroinechic · 14/02/2025 10:04

@CheekySnake "Why would you have to establish that there was a sexual element to a male doc inserting his fingers into your vagina/rectum/touching your breasts when you had specifically said you wanted a female medic in order for it to be assault?
*
And how can you prove that there wasn't a sexual element?*"

Because the legal definition of various sexual offences includes not only a lack of consent (or no reasonable belief that they consent) and that the act itself is of a sexual nature. Medical examinations are not of a sexual nature, even if they are intimate, unless other facts apply that make it so. A male doctor performing an intimate medical procedure is not sexual just because he is male, and the patient is female.

In the UK the prosecution has to prove the criminal element

But there’s also the issue of privacy and dignity. Some women would feel it an invasion of their privacy, frankly.

Upstartled · 14/02/2025 10:20

Househunter2025 · 14/02/2025 10:18

But a trans man is technically a woman

Yes, which is why I'd much prefer to be examined by a trans man aka a woman than a trans woman aka a man, that was my point entirely.

CheekySnake · 14/02/2025 10:20

Grammarnut · 14/02/2025 10:12

I had not seen photos. But of course, logically he does not pass or SP wouldn't have realised he was male. I suspect air-brushed photo?

He clearly didn't pass on camera during the parts of the tribunal that the public could access, so there's no way he's even close to passing IRL. He admitted to being 6 ft tall. I think it was the only question he was willing to give a straight answer to.

But the point isn't whether he passes or not. He's insisting that other people must pretend he's female in all circumstances.

Rainandgame · 14/02/2025 10:21

It’s the deception that matters and being honest with the patient before so they can consent to who touches them.

nolongersurprised · 14/02/2025 10:21

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

Can you conceive of any situations or individual circumstances where other women may feel differently to you?

Personally I would be ok with a male in an ED setting, although I have deliberately chosen women as my obstetricians and GPs (in Aus, where private care is more common).

A man LARPing as a woman does give me the ick, and I would prefer not to have any gynae exams done by him

Fordian · 14/02/2025 10:25

@Chillibeds

"My husbands office had their arses handed to them when the attempted to change the loos.
Absolute murder.
The females in the office were so furious and upset.
Grovelling apologies all round."

I, personally, am genuinely stunned that the female staff weren't told to reframe their trauma and get sent for re-education!

Good for the women for standing up, and for those (sadly, not always men) who tried to impose this change to capitulate.

Though I am curious about who or why the attempt was made to change the loos (I'm assuming to the usual 'all genders', or, how it actually works, men's and everyone's). Is there a blue-haired enby at the company?