Please or to access all these features

Feminism: Sex and gender discussions

Transmen committing 'gender fraud' / in women's spaces - thoughts?

87 replies

YetAnotherSpartacus · 07/12/2016 11:39

This idea for a topic was spurred by a previous thread in which I wanted to bring up the issue of transmen committing crimes against women but didn't because the thread had undergone several massive derailments anyway.

Basically, the gist of it is that I'm curious re what people think re transmen (FtMs) who are attracted to women tricking girls / women into sex. There have been a few cases of this all successfully prosecuted - R v Gemma Barker [2012], R v Chris Wilson [2013], R v Justine McNally [2013], R v Gayle Newland [2015] and R v Kyran Lee (Mason) [2015]. This is generally known as rape by deception or 'gender fraud'. The FtM's used strap-ons.

I'm curious partly because there has been an increase in the number of girls identifying as 'trans', suggesting that ethical and legal issues re this group may come to the forefront in coming years, and partly because when learning about the trans phenomenon I came across a number of FtM sites where the women concerned were blatantly sexist, misogynist, considering of women as lesser beings and saying that they understood the world from a man's POV.

A bigger question given the above is whether FtMs should be welcome in women's spaces.

Some links, for those who are interested.

www.lawbot.info/blog/2016/11/8/criminal-injustice-3-heteronormativity-and-transgender
www.plymouthlawreview.org/vol8/childs%20trans%20article.pdf
www.theguardian.com/uk-news/2015/nov/12/gayle-newland-sentenced-eight-years-prison-duping-friend-having-sex

OP posts:
0phelia · 07/12/2016 14:53

So by that logic transwomen should stick to female spaces.

amispartacus · 07/12/2016 14:48

Transmen should stick to male spaces.

amispartacus · 07/12/2016 14:47

Being an actual 'threat', versus being perceived to be a threat

How do I know if they are a threat or not? I can't tell if they have a penis or not. If they look male. then I perceive them as a threat. I don't want a man saying 'I'm a transman, it's ok' - because how do I know if they are telling the truth?

PensionOutOfReach · 07/12/2016 14:47

Fwiw I believe that any trans (MtF or FtM) should declare it to their sexual partner. Regardless of whether they've an op etc.. it will look different and not what the partner would have expected.
From that POV, to avoid any deception, it should always be clear.

It should also be clear that anyone is allowed to choose what the genitals of the sexual partner look like, trans or not btw.
E.g. A man has had an accident and has had their penis chopped off. I believe that some women wouldn't be happy to date them because of that.
Same if someone is planning to have sex with a transp person, they should know if they will be faced with a penis, a strap on, no testicules and so on.

PensionOutOfReach · 07/12/2016 14:43

The issue I have is that it seems OK to take a FtM to cOurts on the ground of gender fraud.
But if a MtF is having sex with someone and that person realises they are in fact a man and isn't happy, then it's transphobia (usually when the other person is a woman). Maybe it's just me who has never heard about gender fraud about MtF trans but only with FtM....

SomeDyke · 07/12/2016 14:36

"I am not comfortable with someone who has a beard and who looks to all extent like a man............"
You are confusing two different things. Being an actual 'threat', versus being perceived to be a threat. So, I have various flat-chested lesbian friends who are frequently challenged going into the ladies. My wife, who is far from flat-chested, is frequently challenged. So, should the criteria for the right to enter be 'looks sufficiently female', or 'is actually female'?

I'll stick to the latter, thanks very much, and any gender non-conforming dykes or transmen or detransitioned females will have to deal with being challenged as we always have.

amispartacus · 07/12/2016 14:17

Transmen shouldn't be allowed in women's spaces. I am not comfortable with someone who has a beard and who looks to all extent like a man. I can't tell if they are a transman or male. How does that keep me safe?

cadnowyllt · 07/12/2016 13:49

Yes, transmen should be allowed into women's spaces, seeing as they have a vagina. These sorts of crimes are somewhat of a rarity and girls will always be more at risk of being raped by a man than a woman (Biological not trans definitions).

HOUSE !

SomeDyke · 07/12/2016 13:47

Let's flip it the other way around. Suppose a straight man told you he was a transman, hence no fear of pregnancy, yes, didn't they do a good job, amazing what surgeons can do nowadays................and then ejaculated inside you. Would I consider that rape? Hell yes, just as penetration without a condom when you had made it clear you were only consenting to it with a condom would be non-consensual, hence rape.

If someone obviously thought a transman was a biological male, and consented to sex under that assumption, just as when a straight bloke consented to a blow job from someone he thought was a woman, not a transwoman. Because it's all about the biological and physical reality of the person and the sex act. Because we all know, frankly, that to most people it will matter whether someone is a woman or a transwoman, a man or a transman. And because it certainly matters biologically in terms of who can or cannot get pregnant or cause a pregnancy!

As regards Gayle Newland BTW, she has had her conviction quashed. And AFAIK she isn't a transman, but it was instead claimed that she claimed to be a man, and claimed a dildo was a penis (that alone, for me would have been the clincher, since the woman concerned would have consented to sex with a penis not to sex using a dildo).

ChocChocPorridge · 07/12/2016 13:16

Oh, and yes, I do think that they should still be welcome in women's spaces - because even though lying in order to have sex with someone is rape, it's deception rather than overt violence, and I don't think that places are sex segregated to stop women lying to me, but to protect against men's violence

ChocChocPorridge · 07/12/2016 13:14

From what I remember, the only other widely reported cases were those undercover policemen who had relationships (including children, which I do think is completely unsupportable)

Personally, I fall on the side of the line where lying to get someone into bed is rape - and that includes telling a woman that you're a man, as much as telling a woman that you're a hedge fund manager when you really work on the checkout at Sainsburies.

I think that that is an unusual opinion however, and the cases I've seen where a man lies about himself, that have made it to court, have been dismissed (both legally, and in comments by people).

0phelia · 07/12/2016 12:26

Yes, transmen should be allowed into women's spaces, seeing as they have a vagina.
These sorts of crimes are somewhat of a rarity and girls will always be more at risk of being raped by a man than a woman (Biological not trans definitions).

Swipe left for the next trending thread