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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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To think this person should be in jail?

408 replies

FerdinandsMassiveBollocks · 03/08/2016 06:25

www.mirror.co.uk/news/uk-news/female-transsexual-walks-free-court-8546941

Anyone else not comfortable with this being counted as a crime committed by a woman? And really not comfortable with this person not going to jail? I don't care if there are no female specific classes, (there is a reason for that btw, because women don't do this shit) this person was male enough to commit the crime they are male enough to go to men's prison.

OP posts:
Pearlman · 03/08/2016 09:54

This reply has been deleted

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Einna88 · 03/08/2016 09:57

IMO this isn't a gender or a trans issue. She's a woman - fine, she can be a woman. Perhaps her gender identity issues were a factor in choosing to abuse when she was a man, or informed the way in which she chose to abuse when she was a man, but the fact is that he/she/it/whatever chose to commit horrific acts of sexual abuse against a child and damned straight they should get the normal legal sentencing for it. I know that women can be sexually and physically abusive towards children just as men can be hence not seeing it as a gender issue, and IDK if it's true that rehabilitation isn't offered for women as it is for men but either that's true and disgusting and needs to change, or it's bull and she most definitely should have been put through it along with a few years in prison.

I've seen similarly lenient sentencing before, though that one was a man - I can't find the newspaper article but there was a case in Chelmsford I think around about 2000, a guy called Richard Blood had a months-long "relationship" with a 12 year old student. She told a friend and that was how it came about. According to the 12 year old girl it was all consensual, she initiated it, and she was happy with how things were going. It also came out and was well documented that the reason she started this "relationship" was because she felt unloved at home and this 40-something year old man made her feel safe and wanted. The judges response - documented forevermore in court transcripts and the local Chelmsford newspapers - was that he was an innocent man lead astray (or lead into temptation, I forget the exact wording, it was a couple of years ago when I read the article) by the girl, and that he was not at risk for re-offence. He didn't go to prison, he spent 5 years on the register and 2 years in therapy, then went on to abuse a three year old and a 10 year old as well as several 16 year olds who he plied with alcohol and love-bombed into bed. IDK where the bastard is now but I really hope it's prison.

I have also seen cases where child abuse has gone unrecognized because the abuser is a woman, specifically a case close to me which involved a woman sexually abusing a little girl from 3-5 by sitting her down in front of porno's and then forcing the girl to perform oral sex on her. The woman was also put on the register, but to the best of my knowledge nothing else happened.

Anyway, tangents aside - yes, the legal system is sometimes way too lenient. Yes, horrific abuse can be done by either gender. No, I don't think it matters/should matter that this person is transexual because this isn't a gender issues, it's a some-people-are-horrible issue, and in this instance the horrible some-people includes the judge who fumbled through this case and sentencing. I also think this is a the-law-is-messed-up-and-needs-updating issue, because it seems like a big part of the reason why this person didn't get jail time is because nothing was inserted. Fine, let that be a factor, but it's disgusting to say that penis-in-vagina is the only way a person can rape or be raped, and the law needs to expand to have harsher sentencing for sexual assault and sexual abuse of all flavours, not just the heteronormative one.

WellErrr · 03/08/2016 09:58

If you're born biologically MALE you will never be biologically FEMALE.

NEVER NEVER NEVER. It is SO unfair to transpeople that they are peddled this myth only to discover the truth afterwards. It's not fair.

You CANNOT change biological sex.

You can be born with blonde hair and dye it brown. Genetically, you will still carry blonde genes.
You CANNOT change biological facts.

WellErrr · 03/08/2016 10:00

But she IS a woman, so why should she be sent to prison with men?

They're not a woman. Women don't have penises.

Pearlman · 03/08/2016 10:01

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EveOnline2016 · 03/08/2016 10:04

I really don't care how a person identify as. It's none of my business if Paul wants to be Paula and dress as a women.

It does become my business when Paul uses his male genitals to abuse a child, as he shouldn't be in the public domain. He should be locked away to ensure safety to children.

If I was a transgender knowing the law and how difficult it is I wouldn't go out committing crimes, not that I do now

WellErrr · 03/08/2016 10:05

Kick out of what? Scientific fact?

It's not 'my views' it IS FACT.

You can wear dresses and grow long hair and change your name and if it makes you happy, good luck to you. But you CANNOT change the biological sex and chromosomes you were born with, however much you want to. And it's really unfair to peddle the myth to people with gender dysphoria that you can.

APlaceOnTheCouch · 03/08/2016 10:06

Prosecution isn't specific to sex or gender
Except in this case, the judge's comments mentioned that the child abuser's decision to change sex, did impact how the judge viewed the options open to them. It wasn't posters on MN who raised the issue of sex. It was the defence lawyer (who implied there was no continuation of legal responsibility because their client had opted for elective surgery) and the judge who said they couldn't direct them to a course because they were now a woman

There is a legal precedent slowly being set. This is not the first case where a man has decided to live as a woman between the offence and the case coming to court. This is not the first time, a defence solicitor has argued that the decision to live as the opposite sex means their client should not be held to the same level of culpability for their previous actions. And, it's also not the first time that the court system has mentioned that the defendant being transgender has impacted on their sentencing. Interestingly if it's a transman (ie woman to male) the sentencing is usually harsher. If it's a transwoman, the sentencing is usually more lenient. Same old sexism, just different clothes.

Pearlman · 03/08/2016 10:06

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EveOnline2016 · 03/08/2016 10:06

To what prison I would say any as he shouldn't be put with other inmates as those are at risk of sexual crimes as well.

Pearlman · 03/08/2016 10:08

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WellErrr · 03/08/2016 10:10

Pearlman - is this a lizard? Biologically, scientifically, is this a lizard?

Or is it a man who has surgically altered his body to look like a lizard?

When he started down this route, would it have been fair to tell him 'if you have the surgery, you'll BE a lizard. Truly you will.'?

No it wouldn't.

Think about it.

To think this person should be in jail?
Pearlman · 03/08/2016 10:10

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Xenophile · 03/08/2016 10:10

This person shows no remorse for what they have done.

They see themselves as the victim in this, rather than the two children they forced to tie them up, beat their penis and testicles and urinate in their mouth and take pictures all the while.

The judge is incorrect, there are offender programmes for people who force children to undertake sex acts with their penises, and this perpetrator should be undertaking one now.

APlaceOnTheCouch · 03/08/2016 10:10

pearlman you seem to be answering comments I didn't make. Confused

I think the best way to deal with transpeople would be to have a trans wing in both male and female prisons. Where inmates are placed should be based on where they are in the transition process.

Elendon · 03/08/2016 10:11

Gender can be changed, it's easy to do. Personally I think it reinforces stereotypes, enforces binary and isn't the answer. Biological sex cannot be changed, this person will have a prostate despite all the surgery because if they don't they face serious physical consequences.

Plus this person does have issues regarding sexual feelings towards prepubescent humans, consent, and major psychological problems.

This person will never be a woman genetically, it's emperors new cloak if you believe so.

Do the crime do the time.

prh47bridge · 03/08/2016 10:12

No one said 2% of rape

You said 2% of sexual crimes. That includes rape.

It is true that men are more likely to be perpetrators than women but the 2% figure is likely to be an underestimate.

Women are also more likely than men to go down for first arrests and commit far less violent crime

The picture is complex. For example, reports by victims suggest that around 20-25% of violent crimes (including sex offences) are committed by women. However, women account for a much lower proportion of arrests (15%). As with sex crimes, there is plenty of evidence that people are less likely to report assaults by women.

It is also worth noting that the statistics for women being prosecuted for first offences are heavily skewed by TV licence evasion. This offence (which always leads to prosecution as no out of court options are available) accounts for 36% of prosecutions against female defendants but only 5% of prosecutions against male defendants. This is due to the way this offence is administered - whoever enforcement officers manage to contact at the household will be prosecuted.

WellErrr · 03/08/2016 10:13

Pearlman so the law says that you can change your biological sex? You can alter X chromosomes to Y, and vice versa?

No, it doesn't. I don't think you understand what I'm saying. Research the difference between sex and gender. They are not the same.

Pearlman · 03/08/2016 10:13

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Pearlman · 03/08/2016 10:15

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Elendon · 03/08/2016 10:15

No one has rights as an individual. That would be impossible to legislate for.

SpeakNoWords · 03/08/2016 10:16

I find the concept of "psychologically female" troubling. It doesn't seem to mean anything to me at all. Any time you attempt to define this, people seem to fall back on gender stereotyping and so on. According to these stereotypes, I'm not psychologically female, but I am definitely biologically female. It makes no sense to me, as the only way to be female is to be born biologically female. I have no problem with men transitioning to become transwomen, presenting as feminine as they like. But that doesn't make them a woman, it makes them a transwoman.

So I am troubled that people could be treated differently to others based on how they feel, psychologically. Should I be sent to a male prison if I don't conform to the gender stereotypes for women?

I think that perhaps it's time for prisons to be built to house those who are trans, given that there seems to be a big rise in the number of cases that seem to be coming to court. Perhaps a man's prisons could be converted to accommodate them, seeing as it seems to be mostly male-to-trans offenders rather than female-to-trans.

Junosmum · 03/08/2016 10:16

It's disgusting that a person (regardless of sex or gender) has been let off punishment for hineous child sex crimes because the judiciary system cannot decide what to do with them. That's the real issue.

UnexpectedBaggage · 03/08/2016 10:16

Well, er, yes, if the woman perceives herself to have changed sex but not gender, as she was always female.

I find that hard to believe given the sexual activity with a minor using his penis.

Xenophile · 03/08/2016 10:20

Ministry of Justice stats show that as of 30 June 2016, there were 12,531 sex offenders in prison (12,423 male and 108 female). Don't know how many of that 108, if any, were born male.