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Feminism: Sex and gender discussions

Petition to stop misgendering being considered a crime

10 replies

Binglebong · 31/03/2019 13:00

To be honest I doubt this will go brilliantly, I suspect a lot of very woke people receive the alerts. And as it's not a gov one it won't force discussion. But it is still worth signing and sharing to promote awareness.

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mimivanne · 31/03/2019 15:53

signed and shared,thanks

JackyHolyoake · 31/03/2019 17:04

"Misgendering" is not a crime in UK .. there is no UK law that refers to "misgendering" or "deadnaming" for that matter.

ErrolTheDragon · 31/03/2019 17:08

Yes, so police shouldn't be behaving as if it is.

JackyHolyoake · 31/03/2019 17:08

In fact, "deadnaming" is mandated in the Gender Recognition Act 2004 in specific circumstances:

Section 12: Parenthood
The fact that a person’s gender has become the acquired gender under this Act does not affect the status of the person as the father or mother of a child.

[ie: name and sex of parent cannot be altered on any child's birth certificate]

Section 20: Gender-specific offences
(1) Where (apart from this subsection) a relevant gender-specific offence could be committed or attempted only if the gender of a person to whom a full gender recognition certificate has been issued were not the acquired gender, the fact that the person’s gender has become the acquired gender does not prevent the offence being committed or attempted.

(2) An offence is a “relevant gender-specific offence” if—
(a) either or both of the conditions in subsection (3) are satisfied, and
(b) the commission of the offence involves the accused engaging in sexual activity.

(3)The conditions are—
(a) that the offence may be committed only by a person of a particular gender, and
(b) that the offence may be committed only on, or in relation to, a person of a particular gender,and the references to a particular gender include a gender identified by reference to the gender of the other person involved.

[for "gender" read sex].

JackyHolyoake · 31/03/2019 17:14

ErrolTheDragon
"Yes, so police shouldn't be behaving as if it is"

Exactly so ... which may be why it was eventually revealed by the police that they were using the Communications Act 2003 and interpreting "misgendering" as a "malicious communication".

[Ditto for "deadnaming".]

Needless to say, this is a gross overreach on the part of the police.

justicewomen · 31/03/2019 17:35

I think that in very fact specific circumstances repeated misgendering could be

  1. a crime (ie public order offence, malicious communication, or criminal damage (and could be aggravated as hate crime), or harassment or
  1. unlawful harassment under equality act (civil claim)

However, all the cases I have seen so far do not meet the required evidential test and that is the problem. The police are not following their own published guidelines

T1meForDebate · 31/03/2019 17:45

Signed. Very well set-out argument!

Prawnofthepatriarchy · 31/03/2019 17:48

Signed and shared.

Binglebong · 31/03/2019 18:16

Sorry, I knew as I was writing it that it was a poor title. I was braindead and wanted to get it on here while I remembered.

If anyone can think of a better title I'd be happy to ask MNHQ to change it - more people see this the better.

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