Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Feminism: Sex and gender discussions

CPS change the proposed 'sex by deception re gender' legal guidance

713 replies

Chariothorses · 14/12/2024 13:29

Following public objections, the CPS announced yesterday they have changed the proposed legal guidance on Rape and Serious Sexual Offences (RASSO), specifically the guidance on “Deception as to gender”, which can be found in Chapter 6 Consent, to 'Deception as to sex'. Rape and Sexual Offences - Chapter 6: Consent | The Crown Prosecution Service.

The outcome of the consultation is available here: Consultation on the Deception as to Gender section in the Rape and Serious Sexual Offences (RASSO) legal guidance | The Crown Prosecution Service.

summary of consultation responses here: Consultation on CPS guidance on Deception as to Gender - Summary of Responses | The Crown Prosecution Service.

There are ongoing problems re ideological capture by trans lobbyists and misogyny within the CPS so thanks to all who contributed to the changes they have reluctantly introduced.

Consultation on CPS guidance on Deception as to Gender - Summary of Responses | The Crown Prosecution Service

https://www.cps.gov.uk/publication/consultation-cps-guidance-deception-gender-summary-responses

OP posts:
Thread gallery
18
MrsOvertonsWindow · 17/12/2024 18:21

ButterflyHatched · 17/12/2024 17:58

If only it were that easy and all bigots clearly broadcast their bigotry so we can steer clear, eh?

We're quite lucky on FWR - we get to swiftly identify those seething with bigotry and dislike for women. Misogynists can rarely resist the temptation to display their innermost prejudices against women and girls so their contempt is plain for everyone to see. .

Ereshkigalangcleg · 17/12/2024 18:24

It's perfectly easy not to have sex with people without deceiving them about one's sex Confused

Ereshkigalangcleg · 17/12/2024 18:25

I seem to have managed it all my life.

EmpressaurusKitty · 17/12/2024 18:25

How long does it take to discuss women’s rights to single sex spaces, whether someone’s a JK Rowling fan & if putting pronouns in signatures is compelled speech?

AlisonDonut · 17/12/2024 18:43

Why would you want to dupe people into sex in the first pla...oh.

Helleofabore · 17/12/2024 18:46

Any person who is putting themselves in danger by being somewhere without their own transport when they have not formed any degree of trust in their relationship and their about to have sex for the first time with that person doesn’t seem to be making healthy decisions. Regardless of whether they have not disclosed their sex category or not.

ButterflyHatched · 17/12/2024 18:50

yourhairiswinterfire · 17/12/2024 18:19

I might try to respond with something along the lines of "That's an odd question - would it make a difference to you? I'm a feminist, by the way, and I have no interest in dating transphobes so I'm not sure this is going to work out. Let's save ourselves both a lot of time here."

Sexual orientation isn't transphobic. Some people don't want to have sex with someone of a particular sex, it doesn't make them homophobic, transphobic or fragile, and they certainly don't need to 'reflect' on their sexual orientation, or 'ideology', as you put it. A heterosexual man not wanting to shag you does not make you a victim of some '-phobia' or '-ism'.

They have a right to say no and to not be duped into having sex with a male, and if you're not going to be honest about your sex with people you're trying to have sex with, then they're going to have to ask. Nothing odd about it, it's quite sensible and gives you the chance to avoid committing a sexual offence.

Believe me, I have absolutely no issue with people not wanting to shag me - non-trans straight male or otherwise - and that has, how shall we say, not exactly been a struggle that has been close to my heart for any of my adult life so far - I have had a lot of experience of finding safe ways to say 'no'.

Thankfully nowadays you can generally be pretty confident that declaring yourself to be a feminist will weed out the obviously toxic ones from the outset as it's become something of a point of pride for the braying culture warriors with misogynistic views. It gets thornier when they like the idea of themselves being progressive but are still dealing with internalised homophobia/transphobia and channel that into trans-hostile ideology. That's when situations are most likely to turn dangerous in today's world, in my experience.

Greyskybluesky · 17/12/2024 18:57

Men cannot be feminists. They can support its aims, but they cannot claim it as part of their identity.

Ereshkigalangcleg · 17/12/2024 18:58

I agree @Greyskybluesky

Ereshkigalangcleg · 17/12/2024 18:58

Men can be "feminist allies" but I find that men who claim to be feminists are frequently the exact opposite.

Greyskybluesky · 17/12/2024 19:01

I await the mansplaining as to why men can be feminists

MarieDeGournay · 17/12/2024 19:06

ButterflyHatched · 17/12/2024 17:58

If only it were that easy and all bigots clearly broadcast their bigotry so we can steer clear, eh?

'Oh, they do, Oscar, they do'.Smile

You have a way with words, ButterflyHatched - this time it's 'bigots' and 'bigotry', which you stretch out of shape to include people who do not wish to have sex with a person who does not belong to the biological sex that they are attracted to.

'Bigotry' involves things like antagonism, irrationality, prejudice etc., whereas 'Sorry mate I only fancy women' is just a statement of fact, which can be made politely, and possibly even accompanied by ' ..but let's finish our G&Ts. So, who do you think is going to win the Premier League/Dancing with the Stars/BBC Young Musician of the Year/Nobel Prize for Chemistry..'?'

No antagonism, no bigotry, just a statement of fact.

SinnerBoy · 17/12/2024 19:54

Ereshkigalangcleg · Today 13:12

I will be countering Butterfly's misinformation every single time.

Yes, it's highly necessary to not allow they to go unanswered. Casual readers might otherwise conclude that they is posting reasonable and innocuous information, rather than disinformation about suicides, or the apparent moral imperative for one group of people to have sex by deception.

Signalbox · 17/12/2024 20:18

“in my experience at least, most normal people don't hold raging anti-trans views anymore,”

Weren’t we in the midst of a trans genocide last week? It’s great to see that things can improve so rapidly.

yourhairiswinterfire · 17/12/2024 20:29

It gets thornier when they like the idea of themselves being progressive but are still dealing with internalised homophobia/transphobia and channel that into trans-hostile ideology.

In just 6 pages, you've insisted they must be homophobic, transphobic/anti-trans, bigots, disgusted by minorities, abusive, not normal, anti-trans culture warriors, raging, discriminatory, dangerous, ideologists, hostile, deeply insecure, unstable, suffering from internalised homo/transphobia, feel that their masculinity is threatened...

...rather than just simply heterosexual men who don't want to have sex with other males.

It's quite odd that you're complaining of others 'pretending to be progressive' when you're here posting that you think people should 'reflect' on their 'ideological' sexual orientation, and seem very upset that the law protects people if they're the victim of a sexual offence.

SinnerBoy · 17/12/2024 20:39

yourhairiswinterfire · Today 20:29

..rather than just simply heterosexual men who don't want to have sex with other males.

Not so much as Occam's Razor as Occam's Game of Thrones throne.

ArabellaScott · 17/12/2024 20:39

This 'legal researcher' says the guidance means:

'the CPS has decided that a trans person's failure to disclose their birth sex to their sexual partner may be sufficient to amount to deception which would vitiate consent.'

and

'...trans people would be required to disclose their sex as registered at birth before even engaging in a first kiss.'

So. Best be honest about your sex and not try to deceive people before engaging in sexual activity.

https://bsky.app/profile/jessothomson.bsky.social/post/3ldjew5rycx2t

Jess O'Thomson (@jessothomson.bsky.social)

This is the kind of thing I would have encouraged a legal challenge to. But I worry the community doesn't have the support or resourced to make that possible. I am not sure what the solution is. I continue to talk to people who are allies to our commun...

https://bsky.app/profile/jessothomson.bsky.social/post/3ldjew5rycx2t

Ereshkigalangcleg · 17/12/2024 20:42

Nice of Jess, a TRA and recent law graduate, to put it so unequivocally and clearly.

Naunet · 17/12/2024 20:44

@ButterflyHatched just want to confirm, trans people are marginalised, but also most people are accepting of trans, but also trans are at high risk of danger from someone they want to have sex with, finding out they're trans?

What a complicated existence!

Any evidence to support your claim that trans people are beaten up in this country for telling a potential partner they're trans, or was that more of a 'trust me bro' statement?

ThreeWordHarpy · 17/12/2024 21:18

EmpressaurusKitty · 17/12/2024 17:56

So don’t take the risk. Don’t have sex with someone until you’ve got to know them well enough that you feel safe telling them you’re male.

You could leave off the last four words from that post and it would be applicable to everyone, especially women.

After all, women are always vulnerable when having sex with men, given they are physically stronger. Even when you have enthusiastically consented to a sexual encounter, there’s always the risk with a new partner that they will push your boundaries try and coerce/force into a particular act that you don’t want to do. You also have to trust they will stop if you ask.

What’s the saying again? Men are afraid women will laugh at them, women are afraid men will kill them.

“Dangerous situation” @ButterflyHatched ? You have no fucking idea.

Hoardasurass · 17/12/2024 22:12

ButterflyHatched · 17/12/2024 12:21

The law in question makes it clear that gender reassignment is a valid reason for a person to consider themself to not be the sex they were assigned at birth and that it can be a relevant mitigating factor.

The bizarre bit comes where it then contradicts this with odd language about disclosure and presentation. It just completely ignores the existence of trans people who aren't immediately identifiable as trans and implies that acting perfectly naturally as the sex we're allowed to and otherwise protected from discrimination for transitioning to constitutes active deceit - despite volunteering that it isn't deceit earlier in its own text.

It reads as a loophole that has deliberately been kept open in order to punish trans people who are ambiently read as their congruent sex.

I know we just banned the treatment that makes this a likely outcome for trans women, but at least a thousand or so of us already exist. We really aren't that much of 'a huge problem for a sane society'.

The law is clear when it comes to sexual relationships you must be honest about your biological sex no ifs, buts or maybes.
The equality act protecting trans people from discrimination doesn't give them the right to gain consent for sex by deception.
Btw, it's irrelevant how many passing trans people there are. Each and every one of them must be honest about their biological sex before having sexual relationships with anyone failure to do so makes them a sex offender.
This is no different from a man "stealthing" (funny that you use this same term for deceiving a sexual partner about your sex) and removing a condom which was a condition of consent

Hoardasurass · 17/12/2024 22:23

ButterflyHatched · 17/12/2024 13:10

Disclosure
Isn't
Safe.
Our privacy is protected by law.

We can't know people hold negative views toward trans people unless they tell us. How can we avoid something we don't know about?

We're pretty good at working out when someone is prejudiced against us but sometimes people can be good at hiding it! Sometimes they keep it secret for years and years!

It's dangerous to enter into a relationship with someone inclined to do you harm and for similar reasons it's dangerous to out yourself in general life so for safety reasons I think it's probably best to get clarification that a prospective partner doesn't secretly hold negative or discriminatory views toward you.

It would be nice if the bearer of these negative views volunteered them, but I suppose if we normalise asking then it removes all ambiguity. I would suggest that trans people pursue that conversation early in a relationship and check in periodically just in case those views have changed.

When it comes to your biological sex and having a sexual relationship with someone your privacy is not protected infact it the exact opposite by law you must disclose your biological sex

TWETMIRF · 17/12/2024 22:34

Signalbox · 17/12/2024 20:18

“in my experience at least, most normal people don't hold raging anti-trans views anymore,”

Weren’t we in the midst of a trans genocide last week? It’s great to see that things can improve so rapidly.

I think it works the same as there are hardly any trans people but you've been sharing toilets with them regularly for years. Also, transwomen pass so well that nobody can tell but they live in fear constantly that they will be attacked walking down the street because people can tell they are trans.

SensibleSigma · 17/12/2024 22:37

@ButterflyHatched do you not have sexual preferences? Is there no type you fancy a lot, and type you don’t fancy much at all?

I’m fussy about who I have sex with. I’m allowed to be. Intimacy only happens when and if I’m ready and trust someone. Any sign that they aren’t who they say they are, and it’s off.

It’s a perfectly reasonable expectation. It protects both parties.

Signalbox · 17/12/2024 22:43

“The law in question makes it clear that gender reassignment is a valid reason for a person to consider themself to not be the sex they were assigned at birth and that it can be a relevant mitigating factor.”

This is the ultimate clash of rights isn’t it because it’s not just a demand to enter spaces it’s a demand to enter bodies. The law as it stands is a lie and having gender reassignment does not turn a man into a woman.