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Feminism: Sex and gender discussions

Meanwhile, in Ireland...legal wtfuckery

26 replies

SunsetBeetch · 05/10/2018 10:20

Judge to consider legal points in Mayo case involving transgender person:

"A District Judge is to consider legal submissions as to whether a transgender person could be properly before a court on a charges under the Misuse of Drugs Act, having been charged as a male but was now registered under the Gender Recognition Act of 2015 as a female."

OP posts:
SunsetBeetch · 05/10/2018 10:21

Full article here:

Ok probably some kite flying going on here, but for fucks sake!

www.con-telegraph.ie/news/roundup/articles/2018/10/03/4162881-judge-to-consider-legal-points-in-mayo-case-involving-transgender-pers

OP posts:
LittleMissedTheSunshine · 05/10/2018 10:22

So you may be able to change gender to avoid being accountable for your crimes in Ireland? Like that's not going to be open to abuse!

Barracker · 05/10/2018 10:25

This case should be VERY IMPORTANT.

It should set some kind of precedent about how the GRA is abused.

Does a GRC mean the law has to pretend you never existed, and nor did your crimes?
If yes, the calls to repeal will be deafening.
If no, then we have a legal precedent for saying the act is unenforceable, in particular the gagging clauses and rewriting of history.

I'm watching this one closely

SonEtLumiere · 05/10/2018 10:26

This reply has been deleted

Message withdrawn at poster's request.

Ereshkigal · 05/10/2018 10:27

Nah, this would never happen.

Popchyk · 05/10/2018 10:28

From the article:

The defence's case is that that person no longer exists and therefore the prosecution should not and could not proceed as it would be a violation of the rights of the defendant under the Gender Recognition Act.

RogerAllamsFangirl · 05/10/2018 10:40

I would have thought this would get pretty short shrift in Court but interested to see.

Beagadorsrock · 05/10/2018 10:47

This is incredible.
It sounds like we're back in the Middle Ages (quod non est in acta non est).
I really really hope the courts take this opportunity to restate that legal deeming does not 'terminate' the previous incarnation - we are people not companies!

Popchyk · 05/10/2018 10:50

Interesting though, because if this person no longer exists, then presumably all debts racked up as the nonexistent person will have to be written off.

Maybe his marriage to his wife doesn't exist.

His children no longer have a father, because their father doesn't exist any more.

He no longer has any legal or financial responsibility for his children because their father doesn't exist any more.

IStandWithPosie · 05/10/2018 10:52

^This case should be VERY IMPORTANT.

It should set some kind of precedent about how the GRA is abused.

Does a GRC mean the law has to pretend you never existed, and nor did your crimes?
If yes, the calls to repeal will be deafening.
If no, then we have a legal precedent for saying the act is unenforceable, in particular the gagging clauses and rewriting of history.

I'm watching this one closely^

Yep.

No-one will support a person walking away from charges because they had identified out of having committed the crime. Taken to its logical conclusion it’s a green light for every single person charged to suddenly change their name and identify as someone else. Someone who didn’t commit a crime, even if their body committed the crime when it was someone else Hmm

No. No-one will buy that.

Needmoresleep · 05/10/2018 10:52

Potentially another reason for "wrong'uns" to claim to be women.

DayMay · 05/10/2018 10:57

No-one will buy that.

This explains the RTE interest in Posie Parker.

Has anyone asked Janice, James, Sarah, Julie, Lucy, the mail journalists and Andrew for their view on this?

Popchyk · 05/10/2018 11:02

For prisoners already serving their sentence, this would mean that they could self-ID as the opposite sex.

When the documentation comes through after 2 weeks, then the old you no longer exists. The new you has committed no crimes, therefore you'd have to be released.

Every single prisoner in the country would do this, no question.

Prisons would be empty within a month.

silentcrow · 05/10/2018 11:02

The defence's case is that that person no longer exists and therefore the prosecution should not and could not proceed as it would be a violation of the rights of the defendant under the Gender Recognition Act.

Ok, let's take it to the logical extreme, as Popchyk says, and say that the person you were before no longer exists. If you can write off debt, no longer be married, scratch any convictions or not be responsible for children, then ALSO your qualifications are null and void. No degree certificate or professional status for you - your CV is tabula rasa, you cannot prove you have knowlege or experience. Goodbye, job! That pension you've been racking up for 40 years? Poof. Wave bye bye to your no-claims bonus, your long-service golden handcuffs, your rights to a state pension. Power of attorney for your parents, inheritance? Nope. You are born anew! And you have NOTHING.

If you can erase a crime, you have to erase the rest. End of story.

Melamin · 05/10/2018 11:05

Isn't that what Jess with the obsession with prisons (and liberating penises) campaigns for, and the Edinburgh ATH?

IStandWithPosie · 05/10/2018 11:07

Excellent point silent. If a person ceases to exist then everything they did before that point disappears. Not just the undesirable parts. You don’t get to carry over the nice bits.

SpartacusAutisticusAHF · 05/10/2018 11:14

This reply has been deleted

Message withdrawn at poster's request.

FairfaxAikman · 05/10/2018 11:16

There is a sort of precedent for carrying forward the good and leaving the bad IStand - Rangers football club was liquidated and all debts wiped but many still consist them to be multi-time Scottish champions.

I know it's not quite the same but...

RealGhouls · 05/10/2018 11:16

This would never happen and Ireland has self-id without any problems whatsoever and all you evil bigots should go die in a fire.

Etc.

RealGhouls · 05/10/2018 11:21

"Isn't that what Jess with the obsession with prisons (and liberating penises) campaigns for, and the Edinburgh ATH?"

Not just Jess. Our friend Samantha (on the 'transgender child in my class') has written on this topic.

twitter.com/oatc/status/676484871942983681

NoRunAround · 05/10/2018 11:33

So if a doctor was a male and now a female, they're no longer a doctor?

NoRunAround · 05/10/2018 11:34

or should I say a man and now a woman

OrchidInTheSun · 05/10/2018 11:38

The pile of 'this never happens' has grown so big I can no longer see over the top of it

GenderApostate · 05/10/2018 12:08

I hope that publicity surrounding this case is huge!

Purpleartichoke · 06/10/2018 05:04

If that person never longer exists, then I guess any financial assets need to go to the next of kin.

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