@DeRigueurMortis
I'd like to ask her (and any other MP/SMP of her viewpoint) the following:
Hypothetically speaking do you think it's possible for a Transwoman to rape a Woman?
If you answer yes, then do you accept that a TW can have a penis? An organ that is the sole preserve of men?
If you answer no, then do you both accept and approve the logical consequence is that no TW could be convicted of rape and "only" sexual assault?
That's not a particularly intelligent question in the context of Scots law or I would assume English law either.
The definition of rape in the Sexual Offences (S) Act 2009 is not dependent on what the victim or the accused calls themselves or their gender or even their biological sex. A trans man who has a surgically constructed penis could be guilty of raping a trans woman who has a surgically constructed vagina.
Rape is the penetration without consent of a person's vagina, mouth or anus by another person's penis.
If a person (“A”), with A's penis—
(a)without another person (“B”) consenting, and
(b)without any reasonable belief that B consents,
penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits an offence, to be known as the offence of rape
In this Act—
“penis” includes a surgically constructed penis if it forms part of A, having been created in the course of surgical treatment, and
“vagina” includes—
(a)the vulva, and
(b)a surgically constructed vagina (together with any surgically constructed vulva), if it forms part of B, having been created in the course of such treatment