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Feminism: Sex and gender discussions

Transgender rapist - with anatomy of a man- jailed for 15 years - local newspaper grapples with how to report news when words have lost their meaning

33 replies

stumbledin · 18/01/2021 18:17

So first off - in no way wanting to say the crime isn't the real story.

But just wanted to highlight how the stupidity of pretending identity is the same as the reality of sex (and so totally part of the crime being reported) is leading to this sort of nonsense.

ie the newspaper should have been able to report that a man was found guilty of raping a woman. Angry

The report says:

A transgender rapist “with a propensity to violence” - who identifies as a woman but is yet to undergo surgery- has been jailed for 15 years.

Michelle Winter, 49, was referred to by female pronouns throughout a trial at Cambridge Crown Court; Winter has the anatomy of a man.

(There is nothing in the report to say where Winter will serve his prison sentence)

OP posts:
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Defaultname · 19/01/2021 11:34

@PopperUppleton

But as mentioned earlier in the thread, it could mean that this is not the first rape this individual has committed.
In theory, if the ongoing trial had been reported as someone being accused of "raping another woman" it could have been abandoned because it could have been construed as "rapes again", which would sound like it was rasing a history of previous convictions.
JellySlice · 19/01/2021 10:15

This person is a rapist, they should not be housed with female prisoners for very obvious reasons. If a TW prisoner is at risk by being housed in a male correctional facility, then they need to sort out some third spaces. So sick of seeing women put at risk because some male-bodied people are dangerous to other male-bodied people.

Male padophiles and narks are at risk from other male prisoners in male prisons. Those risks are dealt with by addressing the issue within the prison, not by putting the at risk male prisoner into the female prison and dumping the problem onto them.

PopperUppleton · 19/01/2021 09:51

But as mentioned earlier in the thread, it could mean that this is not the first rape this individual has committed.

Ereshkigalangcleg · 19/01/2021 09:49

The Metro is a ridiculous paper.

WootMoggie · 19/01/2021 09:44

The page title (the "metadata", not the headline) still has not changed and continues to read:

Trans woman jailed for 15 years for raping another woman

It is the name of the tab in your web browser, and thus appears AS IF it is the headline if the story is linked to from social media posts.

Call me a conspiracy theorist, but I reckon woke guys in IT (not the reporter) did that quite deliberately.

Thimbleberries · 19/01/2021 09:30

there was an article on BBC news this morning about the stigma of victims of female sexual abusers, and the low rates of prosecution etc, and my immediate thought when they gave the statistics of its prevalence was 'how many of those recorded crimes were actually committed by women?'. It might well be that it is all of them; I have no idea, and no evidence to suspect that they weren't. But the fact that it even came up in my mind as a question shows that the confusing language around it all and the confusing way that crimes are reported means that people don't always then trust what they read, which is a shame. If the responses by victims to female or male abuse might need different treatment/therapy, and/or if the causes of female or male abuse might need different policies to prevent the abuse, then keeping the statistics straightforward and clear would surely be a good thing to help those who need to provide those services and policies.

CranberriesChoccyAgain · 19/01/2021 08:56

@allmywhat

Please tell me he won’t go to women’s prison?
TW prisoners' "feelings" seem to endlessly trample the rights of female prisoners when it comes to safety.

This person is a rapist, they should not be housed with female prisoners for very obvious reasons. If a TW prisoner is at risk by being housed in a male correctional facility, then they need to sort out some third spaces. So sick of seeing women put at risk because some male-bodied people are dangerous to other male-bodied people.

allmywhat · 18/01/2021 23:03

Please tell me he won’t go to women’s prison?

JellySlice · 18/01/2021 22:50

@CaraDuneRedux

I think that's covered by a general understanding that there's so much "archaic" law on the statute books that for "he" read "he/she" throughout! (Of course, this is probably the one law on the statute books where "he" really does mean "he" and not "he/she" but...) Again, I don't think a defence lawyer would manage to pull that one off either.
Dear god, I sincerely hope so!

Though the unthinkable keeps never happening. Fewer and fewer are telling Kassandra to shut up any more.

FemaleAndLearning · 18/01/2021 21:36

So angry about this.

Dozer · 18/01/2021 21:27

FFS.

CaraDuneRedux · 18/01/2021 21:26

I think that's covered by a general understanding that there's so much "archaic" law on the statute books that for "he" read "he/she" throughout! (Of course, this is probably the one law on the statute books where "he" really does mean "he" and not "he/she" but...) Again, I don't think a defence lawyer would manage to pull that one off either.

JellySlice · 18/01/2021 21:18

*(1)A person (A) commits an offence if—

(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,*

The Act refers to a 'person', but uses the pronouns 'he' and 'his'.

If the court considers the defendant's choice of gender so true and binding that they compel everyone to refer to the defendant as she and her, then surely they must be saying "she penetrated X with her penis". Which is not what the Act describes as rape.

yourhairiswinterfire · 18/01/2021 20:26

Oh, just seen Cara's update, that clears it up.

yourhairiswinterfire · 18/01/2021 20:24

How long until the defence that the male accused of rape cannot have committed it because "she is a woman"?

I've wondered if it's possibly creating a loophole too if the rapist later acknowledges they are in fact male but were convicted as a woman. If it's possible they could get out because of 'technicalities'?

I'd love to have faith that this is impossible and everything is solid so they couldn't, but then I thought that rapists being housed in women's prison was impossible too :(

CaraDuneRedux · 18/01/2021 20:13

How long until the defence that the male accused of rape cannot have committed it because "she is a woman"?

See the extract from the 2003 Act I quoted above. Unlike the 1956 Act (which talks about a man commiting rape), the 2003 Act uses the word "person" instead. So it doesn't matter how the person possessing the penis identifies, but it does matter that he used a penis.

So no, that defence wouldn't fly.

It puts us out of step with pretty much all other countries (though the offence of "assault by penetration" which can be carried out by either sex carries the same sentencing guidelines), but it is damned useful because if you see someone found guilty of rape you can be damned sure (barring vanishingly rare instances of "common purpose" convictions) that the perpetrator had a penis.

It may become the only unambiguous way of disentangling the stats we have left, as more and more sex crimes get attributed to "women."

JellySlice · 18/01/2021 20:07

There is no ambiguity here - the fact that he was convicted of rape rather than sexual assault by penetration makes this crystal clear.

It also makes it crystal clear that the judicial system considers him to be a man. So why did they try him as a woman? How long until the defence that the male accused of rape cannot have committed it because "she is a woman"?

stumbledin · 18/01/2021 20:01

JaniceBattersby - my original OP wasn't against the reporter, but in fact some admiration in navigating the mine field by spelling out in the lengthy heading the reality. Unlike smart work metropolitan papers who write nonsense and then wonder why they are losing readers.

OP posts:
ChattyLion · 18/01/2021 19:49

I am absolutely seething for this poor woman. How fucking DARE they tell her she has been raped by another woman? This is absolutely outrageous. I wish her peace and healing and hope she has very good support. It’s absolutely sickening that she has to deal with officialdom gaslighting her about her rapist, after all she has been through. Flowers

CaraDuneRedux · 18/01/2021 19:10

1956 Act now superceded by Sexual Offences Act 2003, but the relevant part is this:

(1)A person (A) commits an offence if—

(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

(b)B does not consent to the penetration, and

(c)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Source: www.legislation.gov.uk/ukpga/2003/42/section/1

So this man (NB note to our watchers - a number of years ago I asked about convicted rapists, and Justine herself said it was okay to correctly sex convicted rapists) penetrated a woman with his penis.

There is no ambiguity here - the fact that he was convicted of rape rather than sexual assault by penetration makes this crystal clear.

Falleninwiththewrongcrowd · 18/01/2021 19:03

"Trans woman jailed for 15 years for raping another woman" implies that that he had previously raped at least one other woman.

Thimbleberries · 18/01/2021 18:56

I thought one newspaper did quite well with it when I saw it this morning; they carefully avoided any pronouns and managed to make it clear that it was a transwoman who had not had any surgery

www.cambridgeindependent.co.uk/news/cambridgeshire-rapist-jailed-for-15-years-after-attack-that-left-victim-with-recurring-nightmares-9148559/

SkeeterP · 18/01/2021 18:55

I wonder what the police who deal with cases like this think. I can only imagine (hope!) they are shaking their heads in despair.

OvaHere · 18/01/2021 18:50

@JaniceBattersby

The local newspaper reporter probably feels the same as people here. I am one, and most of the reporters I come across are absolutely fed up with having to report cases in this way.

But it’s so incredibly difficult because your hands are tied by IPSO and editors who are usually middle aged men who have no idea of the nuances of the argument. And then if you get it ‘wrong’ according to the trans lobby you risk getting abused and doxxed all over Twitter by the TRAs and, honestly, most of us just don’t have the time or the mental energy to deal with the abuse.

I have reported many cases like this (I make sure I go to court when I see them on the list) and even with the knowledge I have about the subject, and my GC views, I find it so tricky to get to right and then persuade the editor why I am right. I often have to submit in an email a comprehensive list of reasons why I’ve written the work Transgender in the headline in case ipso come calling.

We are so, so busy and so incredibly underpaid that sometimes it’s just not worth the shit.

That said, the Metro’s headline is appalling and wouldn’t have got past a decent editor. I see they’ve changed it after the ‘feedback’

That's a good point. It's probably not fair to lay it at the feet of individual reporters.

I'm glad the Metro headline changed. That was particularly insensitive.

ArabellaScott · 18/01/2021 18:47

[quote WootMoggie]As if to cause utmost offence, the Metro version has the web page entitled: "Trans woman jailed for 15 years for raping another woman".

It doesn't show up on the page itself, but appears as the caption if you link to the metro story from (e.g.) twitter and is also embedded in the URL:

metro.co.uk/2021/01/18/trans-woman-jailed-for-15-years-for-raping-another-woman-13921362/[/quote]
Weird, Woot.

Disgusting page title. But I was surprised and very heartened to read the comments. Seems that most people are not on board with calling this rapist a woman.