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Feminism: Sex and gender discussions

JKR vs Police Scotland?

1000 replies

IcakethereforeIam · 10/03/2024 22:02

Tras are trying to get JKR arrested.

https://www.telegraph.co.uk/news/2024/03/10/trans-activists-scottish-police-arrest-jk-rowling-crime/

https://archive.ph/5TEU4 highland fling yourself over the paywall, cos Scottish!

Thought to give IW a break.

The Hate Crime...crime(?) comes into force on 1st April, according to the article. The SNP has not engaged with any of the organisations who have expressed concerns and no-one knows what, if any, training the Police have been given.

Trans activists urge Scottish police to arrest JK Rowling over ‘misgendering hate crime’

Northumbria Police last week dismissed a complaint against the author over calling India Willoughby, a transgender TV personality, a male

https://www.telegraph.co.uk/news/2024/03/10/trans-activists-scottish-police-arrest-jk-rowling-crime

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WallaceinAnderland · 21/03/2024 20:14

So it hinges on a 'reasonable person'.

Who decides that?

Emotionalsupportviper · 21/03/2024 20:28

At one time, not so very long ago, nobody would have regarded someone who insisted that human beings could change sex as a "reasonable person".

Of course, that was before we all knew about clownfish . . . 🙄

Signalbox · 21/03/2024 20:33

WallaceinAnderland · 21/03/2024 20:14

So it hinges on a 'reasonable person'.

Who decides that?

Surely nobody could come to the conclusion that IW is a reasonable person.

GenericMNwoman · 21/03/2024 20:54

ArabellaScott · 21/03/2024 19:53

Ah, it's 'threatening, abusive or insulting'

'A person commits an offence if—

(a)the person—

(i)behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or

(ii)communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting'

(related to the protected characteristics:

(a)age,

(b)disability,

(c)religion or, in the case of a social or cultural group, perceived religious affiliation,

(d)sexual orientation,

(e)transgender identity,

(f)variations in sex characteristics.'

There are protections for freedom of speech, but these are in the legislation and would come up in court. They're not in the police guidance.

What the heck are variations in sex characteristics?
Do that mean if I insult a man by saying he has a small willy I can be prosecuted? If it goes to court, will he have to demonstrate the size of his willy to see if a reasonable person also thinks it’s small?

This is all so poorly thought through.

Froodwithatowel · 21/03/2024 20:57

Basically at this point the SNP have their underpants on their heads, pencils up their noses and are out of their little tiny minds.

Winnading · 21/03/2024 21:11

lechiffre55 · 21/03/2024 12:04

What happens if JKR simply decamps out of Scotland for a while to post on twitter? Do the police not have to establish that Scotland has a reason for jurisdiction under this law? Like say JKR and IW have a set to on twitter, and IW and IW's army of reporters flood police Scotland with complaints about JKR. How does Scotland get to be involved if they don't know where JKR was when she offended IW?
Taking it further can two hypothetical people in England have a set to on twitter and a third person in England reports it to police Scotland as a crime under this new law. Scottish police have to investigate? They then have to establish if any of the participants were in Scotland when they tweeted, but the participants decline to speak to the police. Do the police try to invite them to Scotland to be interviewed? What if the two parties having a set to on twitter are in England but a third unrelated party is offended in Scotland. Do Scottish police now have to do a full investigation of two people in a different country making tweets from a different country because a Scottish person is offended?
Can a person in Scotland make a complaint to Scottish police about people in Australia/Africa/Russia saying stuff on Twitter?

That made my head hurt, but far as I can see, yes, if its reported in Scotland by anyone, then Scots polis have to investigate. Its anyones guess how well they will investigate. But then what is the point of a law made when potentially all reports will be filed in the bin.

I'm up for a Scotland visit, not April 1st but later in the year. I'm very up for reporting anyone for anything if its online reporting and I dont even have to leave home to do it.

Winnading · 21/03/2024 21:17

Emotionalsupportviper · 21/03/2024 12:51

There are THREE of us! (That's officially a coven, BTW, if Shakespeare is anything to go by.)

In the interests of full disclosure I started the first HP book but it wasn't for me.

The Strike novels, however are brilliant!

But even if they weren't, and I had no admiration for JKR as an author at all, I would still admire her beyond worlds for her generosity - both financially, and of spirit - and her courage. Yes - she has money and is more protected than you or I would be in many ways, but she is a public figure, and a perfect target and she STILL sticks her head above the parapet and shouts "You-hoo! Men in dresses! I'm over here!" and waves her green, white and purple flag.

It still takes a LOT of bottle. Plenty of other celebrities have either slunk away with eyes closed and fingers in their ears, or have pretended that they really do think that people can change sex. We've seen them.

Errr, I've never even picked up one of her books and I actively avoid HP films. I'm just not that into her. Soz jk. You're still a legend to me.

ArabellaScott · 21/03/2024 21:22

WallaceinAnderland · 21/03/2024 20:14

So it hinges on a 'reasonable person'.

Who decides that?

This is apparently something other laws rest on. As far as I can make out the main issue is going to be police, barely and badly trained and with a poor record.of misogyny, committed to investigating anonymous reports no matter how puerile, vexatious, mischievous or mistaken.

IcakethereforeIam · 21/03/2024 21:25

Sex characteristics? So beards, breasts, hairy chests, non hairy chests, male pattern balding. Saying 'is that a moustache or has an eyebrow crawled down for a drink!?' will be a hate crime, if a stranger at the next table overhears and gets the hump?

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Winnading · 21/03/2024 21:29

WallaceinAnderland · 21/03/2024 20:14

So it hinges on a 'reasonable person'.

Who decides that?

It used to be what the man on the clap clapham omnibus would think. Him being a reasonable person. Dont know if thats still used in general.
Also today's man on the clapham omnibus could well have pink and green hair and a lady penis, or not.

ArabellaScott · 21/03/2024 21:31

VSCs are also known as Disorders of Sexual development or intersex conditions.

VitoCorleoneOfMNMafia · 21/03/2024 21:35

ArabellaScott · 21/03/2024 21:31

VSCs are also known as Disorders of Sexual development or intersex conditions.

Dammit. I was hoping for something that could be used against male comments about the size of women's breasts.

Boiledbeetle · 21/03/2024 21:43

Winnading · 21/03/2024 21:17

Errr, I've never even picked up one of her books and I actively avoid HP films. I'm just not that into her. Soz jk. You're still a legend to me.

I'm also in the never read a JKR book group.

Who knew there was so many of us!

JanesLittleGirl · 21/03/2024 21:47

Both Scottish and English law have had the concept of the "reasonable person" for many years.

From the Criminal Justice and Licensing (Scotland) Act 2010:

38 Threatening or abusive behaviour

(1)A person (“A”) commits an offence if—

(a)A behaves in a threatening or abusive manner,

(b)the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and

(c)A intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm.

(2)It is a defence for a person charged with an offence under subsection (1) to show that the behaviour was, in the particular circumstances, reasonable.

P.S. Good luck with finding a definition of a "reasonable person" although the members of a jury are regarded as being collectively reasonable.

WallaceinAnderland · 21/03/2024 21:49

IW is still rattling around on X claiming that JKR committed a crime.

The law is on my side. It’s the police who are scared to enforce it - because they don’t want the Home Secretary and Britain’s Right Wing media barking at them. If JKR had made equivalent insults about Black or Jewish people, she’d absolutely be prosecuted. But trans don’t count.

https://twitter.com/IndiaWilloughby/status/1770420366147567770

https://twitter.com/IndiaWilloughby/status/1770420366147567770

ArrestHer · 21/03/2024 22:03

“Reasonableness” is a test that crops up in all sorts of areas of law and there is all sorts of case law around what is reasonable in a variety of circumstances.

as a PP pointed out though, as the police have no guidance for the “reasonable person” in this new law that’s likely to be established in court. So there’ll be a few cases to be heard and women to be put through THE PROCESS before the year is out!

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SidewaysOtter · 21/03/2024 22:11

Froodwithatowel · 21/03/2024 20:57

Basically at this point the SNP have their underpants on their heads, pencils up their noses and are out of their little tiny minds.

“Schnell, schnell, kartoffelkopf!”

SidewaysOtter · 21/03/2024 22:12

He’s been ERASED. This is LITERAL GENOCIDE.

I hope he’s been to his local sex shop to lodge a complaint.

VitoCorleoneOfMNMafia · 21/03/2024 22:14

WallaceinAnderland · 21/03/2024 21:49

IW is still rattling around on X claiming that JKR committed a crime.

The law is on my side. It’s the police who are scared to enforce it - because they don’t want the Home Secretary and Britain’s Right Wing media barking at them. If JKR had made equivalent insults about Black or Jewish people, she’d absolutely be prosecuted. But trans don’t count.

https://twitter.com/IndiaWilloughby/status/1770420366147567770

What is the racial equivalent of correctly sexing someone? Saying that Rachel Dolezal is white?

SoupDragonsFriend · 21/03/2024 22:27

SidewaysOtter · 21/03/2024 22:12

He’s been ERASED. This is LITERAL GENOCIDE.

I hope he’s been to his local sex shop to lodge a complaint.

I'm sure it would be a hate crime to erase the hate monster. Shame they didn't do it after April 1st.

ÉowynsSword · 21/03/2024 22:33

There's a children's book called Barbara throws a wobbler and I think this must be what they've based the hate monster on. Well that and a programme called Love Monster on cbeebies (let's reverse it!) plus bits of the muppets. Is the person who made the campaign basically a knackered parent of toddlers???!

In the book Barbara has a massive tantrum and a big giant red wobbler appears above her head which grows and grows, until she learns to control her emotions and shrinks it back down.

I didn't think a book intended for 2 year olds or a cbeebies programme would be used as inspiration for a campaign to sell a shit law to a whole population of adults. Patronising arse wipes. They basically think that's the level of understanding the Scottish population have, isn't it?

WallaceinAnderland · 21/03/2024 23:10

What is the racial equivalent of correctly sexing someone?

I have no idea.

If we're talking about protected characteristics then I suppose it would be like an able bodied person identifying as disabled who wants to take part in the para olympics and people pointing out that they don't actually have that disability?

WallaceinAnderland · 21/03/2024 23:14

'...a red fuzzy figure which apparently lives inside of people, most likely white men between 18 and 30, and commits hate crimes...'

😂

Is this the 'essence' they keep talking about?

Waitwhat23 · 21/03/2024 23:23

From Moley -

JKR vs Police Scotland?
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