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Feminism: Sex and gender discussions
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17
Redshoeblueshoe · 15/10/2023 12:03

GCAAcademic sgè said a woman is a person who is born a woman, or a person with a piece of paper. This was to Dr Julia Long, at a Fawcett Society meeting yesterday

EasternStandard · 15/10/2023 12:04

bombastix · 15/10/2023 12:01

@EasternStandard - there are just fundamentally too many problems legally with this idea for it to work at a criminal level.

I do not object to a judge saying fir example, you hit this person and your motive was in part connected to their race.

Anyway this is real fruit loop stuff in the DM. If it makes the Labour manifesto I will eat my metaphorical hat

I have linked the paper with the quote

I know you are very pro Labour so I’ll need more than that as clarification.

80sMum · 15/10/2023 12:05

BIWI · 14/10/2023 23:09

It's the Daily Mail.

I'm not even going to click on that link, and I simply don't believe the story to be true either.

My thoughts exactly!

bombastix · 15/10/2023 12:05

There is much sophistry in the extract.

However, the law is clear. You can aggravate a sentence. You can already do that based on someone being transphobic, and so the writer of the extract presumably did not know that this matter was already covered in law.

Writing political documents is easy. Writing law is much harder.

EasternStandard · 15/10/2023 12:07

Sure that GRA was a bugger to get right wasn’t it. It’s working so well for women

And more of the same will be ace.

Poor legislation started this it sure can continue.

bombastix · 15/10/2023 12:08

And so we might say, where is the gap in the law that exists?

The actual gap is that misogyny is not an aggravating factor in sentencing. It should be, but rather sadly I think it will never be. A lot of crime against women is connected to their sex.

bombastix · 15/10/2023 12:11

@EasternStandard - the point here is that the writer of the extract did not know that transphobia is already rather well addressed in criminal law. It is. It is actually better than that which applies to biological women.

GCAcademic · 15/10/2023 12:11

Redshoeblueshoe · 15/10/2023 12:03

GCAAcademic sgè said a woman is a person who is born a woman, or a person with a piece of paper. This was to Dr Julia Long, at a Fawcett Society meeting yesterday

Thank you.

Sigh.

EasternStandard · 15/10/2023 12:16

bombastix · 15/10/2023 12:11

@EasternStandard - the point here is that the writer of the extract did not know that transphobia is already rather well addressed in criminal law. It is. It is actually better than that which applies to biological women.

The point of the paper is Labour are proposing changes in law.

The pro Labour gaslighting doesn’t help.

We know all about disastrous and unbelievably hard to change legislation in the GRA 2004, women are still dealing with the wide reaching consequences. Which are increasing every year.

bombastix · 15/10/2023 12:22

Transphobia is addressed well in criminal law. Very well. Biological women are not so considered, and they should be.

The gap in the law that exists is for biological women. No government has ever addressed this, left or right.

In order to have a productive discussion, it would actually be good to discuss those differences and what should be changed. Criminal law is really technical.

This proposal has huge issues but given how it reads it is a non starter,

GunboatDiplomacy · 15/10/2023 12:23

EasternStandard · 15/10/2023 12:01

The proposal for gender is in this, and clearly states it will be new approach under their legislation

https://labour.org.uk/wp-content/uploads/2021/05/Ending-Violence-Against-Women-and-Girls-Green-Paper.pdf

Aha, what Labour are actually saying. Thanks!

I wondered how you could word legislation on harassment on the basis of gender identity without having that apply to all women, and the answer is that they are indeed proposing to criminalise street harassment of women and make misogyny an aggravating feature of crime.

This is actually huge news, but they'll need more cops, more courts, more prisons.

smilesup · 15/10/2023 12:24

Oh a Daily Mail link. That's seems a reliable unbiased source.

bombastix · 15/10/2023 12:25

@GunboatDiplomacy - thank you. That is the way I read it because transphobia is already covered in criminal legislation quite well

Froodwithatowel · 15/10/2023 12:27

Good grief, the Leftist Snobbery is out in force today.

If it didn't happen in a newspaper written by the Right Sort (People Like Us), then it's beneath notice.

If you want to see why so many people have given up on Labour, come and see a real time demonstration.

TheHoover · 15/10/2023 12:27

Finding it quite odd that we get so many posters who aren't usually on FWR….

ok who left the back gate unlocked last night

EasternStandard · 15/10/2023 12:28

GunboatDiplomacy · 15/10/2023 12:23

Aha, what Labour are actually saying. Thanks!

I wondered how you could word legislation on harassment on the basis of gender identity without having that apply to all women, and the answer is that they are indeed proposing to criminalise street harassment of women and make misogyny an aggravating feature of crime.

This is actually huge news, but they'll need more cops, more courts, more prisons.

The use of gender means it includes males for the first time

EasternStandard · 15/10/2023 12:33

And to take it back to the op no one has provided information to show misgendering will not be included.

bombastix · 15/10/2023 12:35

But transgender people already have this protection. There is no need to cover gender. It's already covered.

It's all there in the law now

EasternStandard · 15/10/2023 12:36

On ‘sophistry’ in pp well yes that’s Labour all round on every policy

But on this, given the GRA and where we are, I’d listen and find out actual plan

Thelnebriati · 15/10/2023 12:54

Are Labour planning to revoke The Equality Act?

bombastix · 15/10/2023 13:14

It's a good start but I want to campaign for people not using "hate crime". It's very confusing!

It's actually - crime committed, sentence aggravated (so increased in seriousness and so greater in length) if there is a relevant protected characteristic which has been integrated into the criminal law.

Transphobia is already covered explicitly.

Biological women are not. They should be.

duc748 · 15/10/2023 13:17

Fair enough. It's not like there hasn't been plenty of poorly thought-out legislation in recent years with unintended consequences, is it?

I do think, for any incoming administration, a good motto is, don't rush to yet more legislation; rather, try to ensure the laws we already have are applied properly.

EasternStandard · 15/10/2023 13:20

Theeyeballsinthesky · 15/10/2023 13:07

This a a really good piece on why making misogyny a crime based on gender what actually be a huge problem

https://www.filia.org.uk/latest-news/2022/2/7/misogyny-as-a-hate-crime

Thanks for this. This seems most relevant

SJ – We see a fair bit of police attention being targeted against women who are being very clear that they support women’s sex-based rights, whether by banners, or meetings, or stickers and police investigating what you have written on Twitter. Presumably, if that was felt to be offensive by someone that you were advocating for women’s sex-based rights, could that be considered misogyny? It sounds crazy.

JS – It sounds crazy but that is the route we are going down. I wish people who were supporting the amendment would think about where it might take us. I don’t think it helps things women at all. I think it brings a lot of risks for women and I don’t think people fully understand that.

Why would I oppose making misogyny a hate crime? Surely it’s a good thing? Superficially, it sounds attractive, it sounds like it is fair because there are other hate crimes but I think it is misconceived. People don’t fully understand it and it could take us down the route of a woman who advocates for sex-based rights, for example that a woman’s refuge should not have to admit male-bodied people, that is a hate crime. That is where we are going if this amendment goes ahead.

SJ – At FiLiA, we are aware of that because a session around becoming an activist for misogyny was run by Stella Creasy MP, to learn about it and how they could advocate. We applied for a place and we were refused! So are Women’s Rights charities not allowed to learn about misogyny because it was deemed to be inappropriate?
**
JS – I had a Twitter exchange with Ms Stella Creasy and she was absolutely clear that transwomen would be covered by this law and transwomen can be victims of misogyny.

bombastix · 15/10/2023 13:23

@duc748 - it's called "fake law" by the Secret Barrister and I agree that there should be much greater thought out proposals on this.

Over the years you can see the criminal law has been adjusted to address trans and other minority groups. But not women. It is a huge gap. A close examination would show structurally biological women are actually disfavoured by the law and the misogyny is written into it.

This is why "VAWG" like "BAME" for me a valueless term. It means tinkering with policy and law instead od looking at the outcomes for women who are victims of crime.

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