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Feminism: Sex and gender discussions

Rape suspects can choose to self-identify as female - Times Scotland

95 replies

Igneococcus · 17/04/2021 08:31

Yousaf claims they would need a full GRC but:
"Detective Superintendent Fil Capaldi said: “The sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self- declare, which is consistent with the values of the organisation."
Does that mean the "values of the organisation" potentially trump the justice secretary and the Scottish parliament?

www.thetimes.co.uk/article/aba95fce-9ef0-11eb-a908-ec96e110073e?shareToken=828b6f29f363f02863b00aa4b523a1c0

OP posts:
jellybeansforbreakfast · 07/06/2021 17:19

Apologies for all the mispers, I really though my new keyboard would stop that Blush

jellybeansforbreakfast · 07/06/2021 17:18

I'll try, and you can be sure I will only use the most moderate of language as I have been a tad intemperate recently - I am on the naughty step

1. How you are going to be able to tell if someone is a trans woman rather than simply a woman that might look a bit like a man? This comes up quite a lot and is usually phrased as 'passing'.

The bottom line is that if a transwoman passes then nobody will know. No harm no foul in the real world.

Howver, the human body has some sex specific differences and these include the pelvic gridel and how your legs hang of them. The 'angle of dangle, is quite different and this means that the gait of men and women is very very different. It cannot be mimicked by anyone of the other sex , other than with broad brushstrokes that always look like parody

2. Who is going to challenge this person? For decades nobody has. Women may have noticed and felt a frisson of fear, anxiety, unease. But nobody would have said anything. Most, like me, would even have felt shame for that frisson and made a determined effort to make up for it by being 'nice' These days - me! I would challenge it and explain to the transwoman that thses days I feel far less accommodating because of the behaviours and threats to women by activists claiming to be speaking on behalf of transwomen. If that opens up a mutually respectful dialogue, fucking ace! A good job done.

3. What does the woman who looks a bit like a man have to do to prove she's a woman? Pull her underwear down? Leave the toilet crossing her legs if she hasn't got ID on her that you can trust? Don't gp there "Oooh, are you goinfg to check genitals?" is one of those idiotic phrases that has been pushed at women for a while now. We here haven't suggested it, wouldn't do it and don't really see the need. Not going to happen, it's a straw man arguement - see gait analysis and common sense. SIL has been challenged in public loos, she is a very masculine looking lesbian, she laughs and carries on. In motion and when speaking she is obviously female.

4. Where would you expect trans women to go on the toilet, and trans men? No idea and these days I don't really care. Why? Because for years now women have not been asked, we have been told and now I'd like to be the one doing the telling and saying, loudly, no! My voice can and should be heard without my being called names and being threatened - which has happened to some women, see extant threads.

Some will say transmen should use womens loos because they are women, I would say no, they chose to 'other' themselves look as much like men as they can and if men have no issue with them in the mens loos then that's where they should go! Ask men and transmen that question.

Alternatively they can all lobby properly for additional provision of third, gender inclusive space.

5. Is this ban that many of you seem to want going to stop male violence against women? Would it stop someone, either a man or a trans woman, entering a women's toilet to commit a crime? Is not the fact that someone is prepared to commit a sexual assault suggest that the perpetrator is hardly going to refuse to enter the women's toilet because there is a law against it? And again we have seen that argument many, many times. That isn't the point, mainly because the focus on loos misleads. It reduces the whole debate to one small area that has little to do with women's real objections.

It is a very handy misdirection, if you want to belittle the fears and voices of women.

Replace loos with sport in all of your questions and get back to me!

6. Is it not the case that this will result solely in the further marginalisation of trans people and that will be the only result of a ban? So you want women to be nice in order to make some people feel safer. And you don't care how many women that might get hurt? If you do how many is acceptable?

In toilets

In prisons

In hospitals

In refuges

In jobs

In sports

In life

How many women hurt, pushed aside, scared, lost is acceptable to you @Collaborate? What is the number at which you will say "Stop!"?

Collaborate · 07/06/2021 16:25

@Faffertea

Assuming you’re posting in good faith *@Collaborate* you will find the answers to your questions on the ‘Break it down for me’ thread.
Thank you. I have had a quick look at the thread and will digest it further. I don't think the first page though addresses any of the questions I have asked.

It's not obligatory that anyone answers them but I'm keen to try and understand both sides.

Faffertea · 07/06/2021 16:16

Assuming you’re posting in good faith @Collaborate you will find the answers to your questions on the ‘Break it down for me’ thread.

Collaborate · 07/06/2021 16:12

It seems to me as a casual observer that there is a large body of opinion on this site that trans women should not be allowed to use the women's toilets because some men who are not trans will pretend to be so just to be able to access women's toilets. Have I got it right?

If so, can someone explain to me please:

  1. How you are going to be able to tell if someone is a trans woman rather than simply a woman that might look a bit like a man?
  2. Who is going to challenge this person?
  3. What does the woman who looks a bit like a man have to do to prove she's a woman? Pull her underwear down? Leave the toilet crossing her legs if she hasn't got ID on her that you can trust?
  4. Where would you expect trans women to go on the toilet, and trans men?
  5. Is this ban that many of you seem to want going to stop male violence against women? Would it stop someone, either a man or a trans woman, entering a women's toilet to commit a crime? Is not the fact that someone is prepared to commit a sexual assault suggest that the perpetrator is hardly going to refuse to enter the women's toilet because there is a law against it?
  6. Is it not the case that this will result solely in the further marginalisation of trans people and that will be the only result of a ban?

It does seem as if we're back in the 70s and 80s again yet instead of homosexuals being vilified and accused of being sexual deviants it's now trans people. Do you not look at articles from the Daily Mail back in those days and cringe at how appallingly homophobic they were?

Ereshkigalangcleg · 07/06/2021 15:22

Thank you!

MurrayBlackburnMackenzie · 07/06/2021 15:09

We have just created a new thread in FWR about a petition we have lodged in the Scottish Parliament which addresses the issues highlighted in The Times article which prompted this thread:

www.mumsnet.com/Talk/womens_rights/4264606-Scottish-Parliament-petition-on-accurately-recording-the-sex-of-people-charged-or-convicted-of-rape-or-attempted-rape

Many thanks.
Lisa, Lucy and Kath

UppityPuppity · 19/04/2021 13:16

Or that 'being kind' should really be extended to everyone, not just certain selected groups. Otherwise it's actually the opposite of kind.

Absolutely. Unfortunately in this society, certain parts of our society don’t count as equals. And as usual - it’s always based on sex.

ArabellaScott · 19/04/2021 12:38

Unfortunately many people don’t realise that being kind can also be nebulous and manipulated and lead to great harms. Exactly as we have here with this insanity

Or that 'being kind' should really be extended to everyone, not just certain selected groups. Otherwise it's actually the opposite of kind.

highame · 19/04/2021 12:23

Unfortunately, many police forces are Stonewall champions and given that they should be impartial, it's pretty much a disgrace. My opinion is that being Stonewall champions, they can wear the progressive cloak whilst still being one of the most misogynistic organisations in the UK (I'd put bets on it being around the world). They are unconcerned about our opinions because along with the CPS and many lower ranked legal people, we can shout but we will not be heard. Unless the Home Secretary takes a good look at this, recognising that Stonewall is a lobby group, a lobby group that misrepresents the law and reviews the links, our police forces will continue to become laws unto themselves. Harrumph!!!

SageHoney · 19/04/2021 09:50

"The sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self- declare, which is consistent with the values of the organisation."

There's a difference between sex and gender identification. Do they mean that sex is based on "how one presents" (going around raping people with one's penis has historically and traditionally been more of a male pastime than a female one) and gender identification on how one "self-declares"? Why do the police care about "gender identification", which has no legal force?

UppityPuppity · 19/04/2021 09:41

I suppose they thought they were 'being kind'. yes - I think this is true. Unfortunately many people don’t realise that being kind can also be nebulous and manipulated and lead to great harms. Exactly as we have here with this insanity.

'Be on the lookout for/Do not approach this dangerous woman' ? (I can't recall if the alerts were for suspects or escapees

I remember one was for a suspect of a serious sexual assault on a man with a warning that the public should stay well clear, and another was about trying to find a missing child.

The fact that the police are willing to use obfuscating language in making the public alert about potential dangerous suspects, which reduces likelihood of capturing suspects AND locating vulnerable children is completely appalling.

ArabellaScott · 19/04/2021 09:35

Ella Davies/Daniel Reed, I seem to recall, absconded and the alerts were to be on the look out for a female/woman.

ArabellaScott · 19/04/2021 09:31

I have honestly no iea, Uppity. I suppose they thought they were 'being kind'.

EmbarrassingAdmissions · 19/04/2021 09:31

his identification can be skewered to prevent detection.

Somewhat OT for this but do we remember the police forces in England that squared the pronoun circle by issuing misleading public alerts, 'Be on the lookout for/Do not approach this dangerous woman' ? (I can't recall if the alerts were for suspects or escapees.)

UppityPuppity · 19/04/2021 09:22

I suppose I'm a bit surprised that other people apparently really didn't realise the consequences of chanting that mantra.

The lack of thought or care is quite damning. This is the grotesque, but logical conclusion. What exactly did they think it meant?

ArabellaScott · 19/04/2021 09:08

Someone posted this on facebook and various people were apparently shocked and horrified. I'm a bit puzzled. If you buy 'transwomen are women' then it makes perfectly logical sense. It's completely in accordance with the messages the SNP have been telling us for the past few years.

I suppose I'm a bit surprised that other people apparently really didn't realise the consequences of chanting that mantra.

NiceGerbil · 18/04/2021 23:40

And to reiterate that the nothing to do with us comment from the government is such a massive cowardly cop out I can't believe they had the gall to say it.

Saltyslug · 18/04/2021 20:33

Very depressing. So a man can use his manhood to rape a woman but his identification can be skewered to prevent detection.

momobots · 18/04/2021 20:30

This makes me feel sick.
To think that defence lawyers can now use this to lower sentencing is beyond disgusting.

Forgotthebins · 18/04/2021 20:24

You’re right EmbarrassingAdmissions some reality-based thinking wrongthink slipped out there.

ArabellaScott · 18/04/2021 20:16

Oh, I'd forgotten about #RapistHill.

EmbarrassingAdmissions · 18/04/2021 20:09

Under Capaldi's Eye is the New Order so I've corrected this to the Approved Version (Scotland) Forgotthebins

Now his values are to say “you can use your voice, but you can only describe what happened with the words that the man woman who raped you carried out a serious sexual assault allows you to”.

Forgotthebins · 18/04/2021 19:35

Eighteen months ago, DCI Fil Capaldi said to rape victims “we will listen to you and we will give you a voice.” theferret.scot/rape-helpline-calls-unanswered/

Now his values are to say “you can use your voice, but you can only describe what happened with the words that the man who raped you allows you to”.

EmbarrassingAdmissions · 17/04/2021 23:15

[quote transbadger]@EmbarrassingAdmissions

Thanks for this. Incredible stuff. That's what happens when you stretch these arguments to their logical conclusions though. [/quote]
It's exactly what happened with GRA 2004. So many speakers in the HoL anticipated what would happen and yet they were assured that it wouldn't.

Tweets from Hansard - the index thread:

twitter.com/hairyleggdharpy/status/1177699186361458688

The men who were so convinced of their inside track on understanding that they didn't need any input from women for the Yogyakarta Principles in 2006 - well, welcome to the party Prof Wintemute but it's not as if there was a lack of women who might have disabused you of your fanciful beliefs that nobody would seek to abuse these provisions:

Professor Wintemute says that women’s rights were not considered during the meeting where the principles were written and the authors “failed to consider” that fully intact males would seek to access female-only spaces.

Wintemute now wonders whether the GRA should have been passed at all. Instead of changing the person’s legal sex, the law could have simply sought to protect people from violence, harassment or discrimination based on gender non-conforming appearance or behaviour.

sex-matters.org/posts/updates/yogyakarta-principles/