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CPS consultation on guidance re sex by deception.

33 replies

Imnobody4 · 26/09/2022 12:06

www.cps.gov.uk/cps/news/cps-seeks-publics-views-draft-deception-gender-legal-guidance

They don't seem to be using the terms sex and gender correctly which is par for the course.
A public consultation on updated legal guidance regarding deception as to gender in rape and serious sexual assault cases has been launched by the Crown Prosecution Service today.

The draft guidance reflects the case law on deception as to gender and whether it could affect consent and addresses the issue where a suspect’s gender identity differs from the sex they were assigned at birth

Our draft guidance has already benefited from the input of a number of interested groups, but we want the final product to be informed by as wide a range of views as possible. We are inviting comments to make sure that it strikes the right balance, so we can meet our obligations to be fair to both victims and suspects.

I think we can guess which groups they've consulted.

OP posts:
ErrolTheDragon · 26/09/2022 12:44

Is someone playing the game of putting forward a proposal that's so outrageous it's bound to be rejected and something reasonable accepted instread?Confused

OldCrone · 26/09/2022 12:31

The steps the suspect has taken to live consistent with their gender identity.

How does someone live 'consistent with their gender identity'?

ArabellaScott · 26/09/2022 12:29

every instance where the suspect ejaculates inside the vagina contrary to the wishes of the complainant will not necessarily vitiate consent.

JFC.

ArabellaScott · 26/09/2022 12:28

I hope this is really really widely shared. I would like to hear the British public's views on how they feel about 'sex by deception'. I would also like to hear Stonewall's position - as I think they used to have the abolition of this law as one of their organisational aims, but seem to have sort of shuffled it under the carpet, somehow.

NitroNine · 26/09/2022 12:27

Sorry what now 🤨

It is important to note that not every case will amount to rape where a condom is not worn even though there was a prior agreement to use one. Prosecutors must consider the overall context in which the offence is alleged to have taken place and the extent to which the actions of the defendant negate the freedom to choose of the complainant or their sexual autonomy. Similarly, every instance where the suspect ejaculates inside the vagina contrary to the wishes of the complainant will not necessarily vitiate consent.

drhf · 26/09/2022 12:24

Proposed first test for bringing a prosecution:
www.cps.gov.uk/publication/deception-gender-proposed-revision-cps-legal-guidance-rape-and-serious-sexual-offences

1: Has there been active or deliberate deception?

If a suspect genuinely perceives their gender identity to be different to their birth assigned sex or if their gender identity is in a state of flux and/or emerging, this may be evidence there was not a deliberate deception.

The following type of evidence may assist to establish how the suspect perceived their identity:

The steps the suspect has taken to live consistent with their gender identity.

The steps the suspect has taken to acquire a new legal or administrative gender recognition.

So the consultation document is proposing that gender deception would invalidate sexual consent, but sex deception alone would not.

drhf · 26/09/2022 12:19

www.cps.gov.uk/consultation/consultation-deception-gender-section-rape-and-serious-sexual-offences-rasso-legal

Question 1: Do you think that the language used is appropriate and sensitive to the issues addressed? If not, please identify concerns and share how it can be improved.

Blister · 26/09/2022 12:10

Primarily lesbians who don't want to have sex with biological males?