The Times article :
Mark McLaughlin
Wednesday June 9 2021
"Campaign to ensure all rape suspects are recorded as men
Police Scotland said that it had yet to encounter a case whereby the perpetrator of a rape self-identified as a woman.
The Scottish authorities are facing pressure to record male rape suspects by their natal gender amid concerns that some will self-identify as women.
Murray Blackburn Mackenzie, a women’s rights organisation, has petitioned the Scottish parliament to “accurately record the sex of people charged or convicted of rape or attempted rape”. The petition, which gathered over 4,000 signatures in 48 hours, calls on MSPs to require Police Scotland, the Crown Office and the Scottish Court Service to record the sex of people charged or convicted of rape or attempted rape as exclusively male.
The petition states: “Police Scotland recently stated that a person directly charged with rape or attempted rape could be recorded as female. The Scottish government has stated ‘This is a matter for Police Scotland’. Rape is defined in law as involving penetration by a penis without consent and is, by definition, the act of a male body.”
The Sexual Offences (Scotland) Act 2009 also defines rape as penetration by “a surgically constructed penis if it forms part of a [person] having been created in the course of surgical treatment”.
However, the petition states: “Cases involving a surgically constructed penis appear to be unknown to date. Women may be charged with rape as accessories but this is extremely rare.
“Only a very small proportion of offenders directly charged with rape or attempted rape would need to be recorded as female to have a misleading effect on the understanding of female offending. The same issue appears to arise for information collected in other parts of the criminal justice system.
“Recording sex accurately matters for data accuracy and trust in statistics, public policy, media reporting, research, and for trust in public bodies.”
Police Scotland said that it had yet to encounter a case whereby the perpetrator of a rape self-identified as a woman.
Detective Superintendent Fil Capaldi said: “The sex/gender identification of individuals will be based on how they present or how they self-declare, which is consistent with the values of the organisation.”"