@Sophoclesthefox
Fair enough,
suggestions.
Do you think this person is genuinely trans and therefore no offence was committed, or do you think that this is a predatory male with a history of sex offending- you were clear upthread that that makes a difference to you with regard to “intent”?
How would the women at the spa know which case applied, and do you see any issues with the focus being solely on the intent of the perpetrator, and not on the women’s perception of what happened?
Be great if you could share your thoughts on that.
Well I guess we still don't know the outcome of this case yet, but I think most people would find it problematic that a registered sex offender with previous convictions for indecent exposure can access spaces where nudity is likely.
So I would expect something like a 'Sexual Harm Prevention Order' might be appropriate for those individuals with previous convictions like these...I know in the UK that can specify things like no unsupervised contact with children, it would seem right that in circumstances like this it would mean the individual was not allowed to access these spaces, could be subject to recall to prison or further prosecution if they did.
If something like that was in place it doesn't matter if the individual is trans, male or female , it is their prior sexual offences that are relevant.
I think this is clearly a disturbing situation but what does the overall picture say - have sex attacks or offences like exposure in spaces like this increased over the years that Los Angeles has permitted trans people to use facilities that match their declared gender? Have they increased in other countries that have allowed this over the last few years? I really don't know that they have. I think the overall evidence should help inform policy and safeguarding practices.
Intention and perception are an interesting dance. You could have someone intend harm and yet no perception of it is felt, and you could have someone intend no harm and yet perception of great harm is felt, and every shade in between. I don't envy any judge that has to make a call on those areas.
We don't live in a completely risk-free world; we can't pre-empt every scenario without causing other related harms and compromising other values that are important. eg. Increasing the policing of sexes that use bathrooms can mean butch lesbians are victimised as they use the 'right' facilities for them. It's about finding the right balance and obviously everyone has different ideas on that.