toyl9876
Not being able to call it out is the problem,
Yes.
and not trans people being protected in the EA.
Except that people feel unable to call out foul behaviour because the protection of the EA allows the non-victim, the perpetrator of the behaviour, to shout "hate crime!" and get the person calling them out into trouble with the police.
And don't say that is ridiculous: it has happened enough times for it to be possible to classify it as simply fact. When "hate crime" can mean something as non-violent, unthreatening and not discriminatory as taking a photograph of a ribbon tied to a fence and posting it in a tweet, and get the woman who did this hateful thing arrested and threatened with criminal charges before these are dropped months later, women are unsurprisingly chary about courting the accusation that they are guilty of hate crime by not being as nice as pie to any old perv who wants to wear a gimp suit to work and claim that it's because he is trans.
Thing is, you don't have to be a transsexual to "come under the trans umbrella". You don't even have to be trans gender or intend one day to become trans gender. You can be all sorts of things including among others a cross dresser, agender, polygender, pangender, androgynous, or intersex – though people who are intersex generally despise being so classified and object strongly if "trans" is claimed about them. Or you can be an old-fashioned fantasist. It's hard to see how anyone is to know what your mental beliefs are in order to avoid you accusing them to the police of hate crime – which is defined as "anything the complainant feels is a hate crime", more or less.
The Met guidance says it is "Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person's race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; disability or perceived disability and any crime motivated by hostility or prejudice against a person who is transgender or perceived to be transgender." But not based on their sex; a woman can be openly threatened with rape and murder and it isn't a hate crime no matter how much they may perceive it as being based in hostility or prejudice based on their being a woman.
(The emphasis there is mine.)