Thelnebriati · Today 23:40
Currently the Gender Recognition Act states that having a Gender Recognition Certificate does not mean a man can't be charged with rape.
When Labour get in and 'update' the GRC, they need to leave that clause alone.
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.
https://www.legislation.gov.uk/ukpga/2004/7/section/20
That is good, thank you for making that clear. (What a shame this uses the word ‘gender’ to mean sex in some places though.)
A problem is the greyer aspect of sex by deception happening in practice and the CPS being ‘captured’, and influenced no doubt by their interpretation of the EA protected characteristic of Gender Reassignment, and of the GRA.
The Gay Men’s Network have written to the CPS about that Nov 2022. (my bolding.)
“Male Homosexuals can be victims of sex by deception offences and “stealthing” (the practice of trans identified females concealing their true biological sex) is a growing issue in homosexual male spaces. We are therefore concerned to protect the interests of homosexual males against sex crime by deception and we believe that everyone should be equal before the law with no special treatment for some defendants and no second- class status for some victims”.
“We are deeply concerned that the CPS consultation document is written in the language of gender identity ideology. It speaks about sex being assigned at birth, “genderqueer” identities and imposes upon CPS staff the duty of assessing the veracity of various “gender identities” while simultaneously stating that they cannot be defined. This is incoherent. This guidance uncritically accepts and reproduces highly political and highly contested language”.
• “The proposed guidance creates a series of hurdles which mitigate against the prosecution of defendants which would have the effect of failing victims of sex crimes by deception. RASSO lawyers are mandated by this policy to consider irrelevant matters suggesting they should weigh against a decision to prosecute”.
“Specifically, this guidance would require CPS lawyers to assess whether a Defendant is successfully “living as a man/woman” or whether they have obtained a GRC. These matters depend on offensive and dated stereotypes about how men and women live and are irrelevant to the important factual question of whether a victim of sex crime has been deceived. This exercise is also completely unknown to law and there is no basis for it in Court of Appeal (Criminal Division) authority or statute”.
• “More worryingly, the guidance engages in “victim-blaming” mandating CPS staff to ask whether a victim of sex crime by deception “closed their eyes” to the obvious. This has deeply disturbing parallels to saying, “she was asking for it”. We consider this sort of rhetoric deeply unfortunate particularly in the context of this category of offending”
. The
© 2022 Gay Men’s Network 1 November 2022