Just on a point of law, the situation of the trans-woman exposing themselves in the changing room and complaining about it being a hate crime would probably not be that clear cut.
It actually would be down to a judge to decide what the intent was. In certain cases it would still be indecent exposure. However the possibility of cases being brought is likely to stop reporting of such crimes and most women certainly would not understand that they still would have a legal recourse if they decided to pursue it. Remembering that the intent in these situations is precisely to intimidate and have power over another and you have a problem. The law would in effect aid and abet that that scenario. It also would be about the need to prove intent, and in many situations you would expect it to be one person's word against another. Like so many other sexual harassment situations. It creates a new grey area where previously it has always been black and white.
If the existing law is not seen to protect those it should, it becomes ineffective and that is the type of thing that leads to people losing trust and faith in it. Hence more likely to take matters into their own hands. This is also where it becomes down right dangerous for trans people.
Courts will get getting involved in lots of lesser situations too where there simply has been a breakdown in communication and a lack of understanding by one side or both. The involvement of courts in this type of situations should always be an absolute last resort.
Because the law would inhibit conversations to break down barriers, it would not progress things. You are not increasing knowledge and acceptance. You are putting up a ruddy great big barrier to that.
The law does have its place in helping disadvantaged groups with rights. It does have a place in protecting against prejudice. The law can however be, if poorly done, a clumsy weapon against it. You need to win hearts and minds to change perceptions as well as having the law.
I fail to see how such a blunt instrument of a law in this area would achieve that, especially given the complex nature or relationship (and changing relationships) and ideas of identity of any type being such a mine field and such a personal thing.
My gut feeling is that what should be a priority is actually not law. Certainly not at this juncture in time in this way. It should be about creating gender neutral facilities where possible as at least a stepping stone where there is cross over. It should be about improving communication skills between groups and it should be about promoting healthier relationships between groups which have conflict.
But this requires money and investment to do. And ultimately does not fit the agenda of hard line trans activists. Nor our politicians who don't want to invest in anything right now.
The thing is though, if you do want it to be about equality, it does have to go down this route and there has to be a two way feedback process. It can not have this undertone of aggressiveness and controlling others that a blunt over simplistic law would have.
This is not where we are at. Its trying to make an issue which has many grey and difficult areas into a black and white one. It won't work for that reason. It has to be much more nuanced and open to the idea of respecting others rather that it being all about one individual.
In my experience one of the problems I see, is that someone who is trans spends such a huge amount of time looking inward at their own position, there isn't always an emphasis on thinking about the implications for others that there should be. They is often years of hurt and bitterness and resentment there. It is understandable. How it manifests itself is not always nice though.
My sibling did go through a process of trying to encourage empathy and how others would be affected by their decision, as part of the medical assistance that they received. It still was not easy. If you remove that obligation, that also amplifies the domination of the 'self' in thinking and I can not imagine how much damage that would cause. It would not prepare trans people and help them understand the reactions of others. By its nature being trans can be, for some not all, be somewhat narcissist to a certain degree simply because individuals are so focussed on the idea of themselves and I do think that needs to handled appropriately, not necessarily because someone is somehow ill and in need of their behaviour correcting, but because its about communication skills and things that people might not have even considered from another point of view. Its too easy to wrap yourself up and just listen to people going through the same thing and make it a 'us against the world' siege mentality. (I am cautious of using the narcissist, but I do think it appropriate too because there is an inherent risk factor here. Its not healthy for anyone to be that focussed on the idea of themselves).
There needs to be difficult conversations had and encouraged, not effectively shut down by legal instruments.
When I think back about my experience I do think there are lots of other things and areas that could and should be worked on to improve the lives of trans people and those around them and those who might have certain particular concerns.
At the moment, the narrative is you are a bigot if you have concerns and criticisms. If you do not 100% support trans people in every situation you are not liberal and you a phobic. That's fucking bullshit. Its too convenient for certain groups of people who have a vested interest in over simplifying things. Worryingly this isn't just hard line transactivists who have this interest either.