If an abuser is on trial and claims to have transitioned.....

56 replies

FloppyHoldsNoTruckWithFrontedA · 13/06/2021 08:23

What is the position in terms of whether victim has to refer to sais attacker as “she”?
Current position &Uk.

OP posts:

Ereshkigalangcleg · 13/06/2021 08:41

I think so. It would be a cold day in hell before I referred to a male who had assaulted me as "she", whatever the bench book says.

nauticant · 13/06/2021 08:39

In particular, the Equal Treatment Bench Book says:

It is important to respect a person’s gender identity by using appropriate terms of address, names and pronouns. Everyone is entitled to respect for their gender identity, private life and personal dignity. In this chapter, where we have needed to use an umbrella term, we have generally used ‘trans’ or ‘transgender’ in its broadest sense.

I do wonder though whether, when the guidance was originally being created, the ETBB was intended to create rules as to how witnesses were to behave in court. Has there been some mission creep there?

nauticant · 13/06/2021 08:32

The relevant guidance is here:

www.judiciary.uk/announcements/equal-treatment-bench-book-new-edition/

HollowTalk · 13/06/2021 08:31

Actually, fuck that, I would be referring to him as him.

HollowTalk · 13/06/2021 08:31

I think I would try to refer to them as e.g. the person who told me they were David.

Theunamedcat · 13/06/2021 08:25

As far as I'm aware yes they do have to refer to them as she

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