Language does exist in context - we all occasionally short cut to explain complex issues. It isn't right or wrong, it is what we do.
I agree, trans isn't a default position. But I wonder whether we are seeing a change in what we mean by a man or a woman. They are a socially constructed set of categories, originating in dominant, but not exclusive, biological categories.
Younger people (a lot younger) seem to vary considerably in their approach to gender - one of our young adults pointed out yesterday that I was labelled as 'Steven - a transsexual' in a 1995 Frost programme. She said 'would they dare do that today?' - and I am eternally grateful that I am more than just a transsexual person nowadays. But in our ensuring chat, we did wonder whether being a man or a woman is now definitely different from being male or female. Where would an intersex person fit - after all there are many different categories of intersex syndromes?
I have assumed for a long time that biology isn't destiny - but then I would, because it wasn't. And as our young adults said, because they have known me as dad, they also as young men and women see far more options on the table for people who desire them, or need them.
I have often said we should remove gender and sex from law altogether, so no one can rely on them to justify their lives or actions.
The recent scottish case where a trans man was convicted of using an object for penetration is a case in hand. He has gender recognition in Spain, but the prosecution was gender neutral as the offence is properly a gender neutral offence. Anyone can do the same offence.
If we undertake the thought exercise that instead he had undergone phalloplasty, and his penis was a constructed penis, which he had used in intercourse. Should he then have been charged with rape using his penis . Would that be the correct charge? I would say yes, because the surgery for constructing a phallus is really no different on trans men from when performed on a natal man who has lost his penis in an accident. Yet some say rape is a male only crime (as said by many regarding the Karen White case). Perhaps it isn't a male only crime, but a men only crime.
In the original Corbett v Corbett case when trans people were categorised as unable to 'change their sex', the judge decided that a neo-vagina was so significantly different from a birth vagina, ( he said it is a matter of cm between that and the anus - implying April Ashley had a form of pseudo-anal sex) that it could never be used for sex as a woman would.
It was over 20 years later, before it was decided that rape of a trans woman using the neo-vagina was to be considered the offence of rape, and not merely sexual assault.
But, in a time when the options seem to be growing, imagine if a woman chose to undergo the construction of a penis, would she be able to be charged with rape if she used it to penetrate another woman non-consensually?
I suspect not, because rape is so held to be only a male crime - as it is of course, at the moment. But could it change?