The problem I have with the uplift in sentencing is that transphobia was a secondary driver and theres clear evidence that it would have been someone else if they had turned up or Brianna hadn't been available.
Brianna was on the list because they stood out because they were trans. It was also why they were vulnerable.
But where would this be, if the victim had been a girl?
Why were the others on the list? What was it about them, that made them stand out as targets? Would there be an uplift in sentencing if they had been victims?
This is relevant in terms of the fact, that its effectively saying that these kids aren't equal - one has more value or social capital than any other potential victim who this girl had in her sights.
We can't really argue the idea that its somehow a deterrant, because why don't we do the same for other groups of kids who stood out / were particularly vulnerable?
No one is going to ask for a sentencing uplift for 'the smelly kid' who gets murdered or the 'ginger kid' who gets murdered. That isn't going to get labelled as a hate crime. It seems a fundamental misunderstanding of more generalised school bullying tbh. I'd argue that if you are going to do uplifts for hate, then it shouldn't just be restricted to a limited list of prescribed identities, but simply associated with a clear concept of non-conformity/disadvantage/particular social vulnerbility and power and control dynamics.
I CAN understand an uplift if its a PRIMARY motivating factor whereby someone is sought out exclusively because of their identity. As in the ONLY people on the list were trans. But this isn't the case. Its explicitly stated that it was a SECONDARY factor. This is someone with a fascination with murder looking for a suitable victim and theres always going to be a similar process of finding 'the other' for whatever reason and they are always going to be vulnerable.
We don't know who else was targetted and a potential victim, but I do think the existance of knowledge that Brianna wasn't the first option and that there were others potentially in the mix is highly relevant to this particular case. Its somewhat frustrating.
I don't think this is a 'downplaying' of transphobia to state this either. Its about recognising the complexity of the case and that theres a few difficult issues at play. Transphobia was present.
Thats why I say the issue here isn't really trans per se. Its the vulnerability that trans produces (and demostrates that any kid who is trans needs to be viewed in various ways through a safeguarding lens) but its not transphobia as the single driver and it has the effect of blinding everyone to the issue of the other children who this girl was considering who were obviously also vulnerable in their own right for some reason.
I'd also say that there's questions about picking up on social cues - another potential victim didn't take the bait because they saw red flags. Brianna didn't. Why was that? Especially considering the known comorbity levels of autism in the trans community. And this is especially curious knowing the other guilty party is autistic. There's a whole bunch of questions about how autistic kids are being diagnosed and supported within Warrington associated with this case.
I find it somewhat counter productive to just write this case off as a 'hate crime' and due to transphobia for that reason, which a bunch of activists are absoluetely desparate to do, so they have their 'perfect victim' poster child. This is in part to close down some of the more difficult and contenscious conversations about safeguarding this is throwing up.
Brianna wasn't just vulnerable because they were trans and that needs to be highlighted. They were vulnerable because their needs were not being identified and suitably risk assessed because of various failures in safeguarding more generally and if we box this as a hate crime, thats also easier to drop off the radar. The council can go, "oh well, its cos transphobia lets blame The Daily Mail" etc etc rather than having a good hard look at their handling of the case and including, controversially, perhaps how social transitioning in schools is handled.
There are MANY conversations around this that are not happening. Kids themselves can not express the impact on them freely. Nor are we fully exploring whether all kids are properly understanding whats going on - noting how seem to be under the impression that you can biologically change sex - and the specific understanding levels amongst certain groups like other autistic kids.
It doesn't sit well with me to be caught in a trap of over simplifying or conventiently pigeon holing this particular case so we can all move on to the next horror news story.
Its not just two individual children to blame here. There's clearly a whole pile of institutional issues here as well. But again its easier to demonise the female killer (which is almost somehow more evil than any other male killer) and the autistic male (who is just such an awful cliche) in some pretty piss poor prejudices and stereotypes which other in their own right, rather than talk about the safeguarding of children.