Women have failed the criminal justice system because it favors the rights of transgender people, a new report says, as it warns those who oppose it face a “McCarthy” reaction.
The Policy Exchange think tank found that self-declaration of “gender identity” rather than biological sex was accepted as a policy by all key criminal justice institutions, despite the fact that it was not in line with the law.
It says this includes circumstances in which suspects may be identified by police and courts with their preferred pronoun.
This meant that a rape victim could find that their alleged rapist was called “her”, even though he may have suffered a penetrating attack.
The police approach meant that detained women suspects could be searched by police officers who were biologically male but declared themselves women.
No basis in law
There were also concerns about women’s prisons housing biologically male offenders, including some who have convicted sex crimes against women, the think tank said.
Associate Professor Maureen O’Hara, author of the study, said: “The introduction of self-declaration of ‘gender identity’ took place without a legal basis and in the absence of democratic control or any established political consensus.
“Policies that introduce self-declaration are shaped solely by reference to one interest group, namely those that identify as transgender, and have excluded the interests of other affected groups, especially women, from being taken into account.”
She claims that such practices cause harm and suffering to victims of crime, some criminal justice officials and women prisoners, as “a denial of their own perceptions of reality”.
In the foreword, Joanna Cherry, Vice-Chair of the Joint Committee on Human Rights and SNP MP, criticized her colleagues for the “shocking abdication of their responsibility as legislators” on transgender issues and described the treatment of those who spoke as “positively McCarthyist”. .
Ms Cherry said it was wrong for politicians such as Labor’s Dodds Analysis, Nicholas Sturgeon of the SNP and Tori Ruth Davidson to refuse to define what a woman is for fear of being branded “transphobic”.
“When this happens, it is depressingly difficult to hold an informed debate on the implications of the overall and often undisputed acceptance of gender identity theory by our institutions, both public and private,” she said.
“Many politicians describe the debate as toxic and use it as an excuse to avoid addressing issues such as the [this study]. This is a rather shocking abdication of their responsibility as legislators. “
The police approach was revealed by Fair Play for Women’s requests for freedom of information, which found that 16 forces had registered the sex of suspects and offenders on the basis of self-identified gender.
One made an exception and would list a suspect accused of rape as a man, but eight said they would register him as a woman if they identified as such.
Asked if they would make a separate record of the fact that the suspect was identified as transsexual, most forces said they would not do so unless the suspect was considered a victim of a “hate crime” as a result of that status.
Based on gender
The Policy Exchange Report notes that the crime of rape, as defined in section 1 of the Sexual Offenses Act 2003, involves penetrating the penis without consent.
The report calls for an end to the de facto self-declaration of “gender identity” so that the criminal justice system is brought into line with the law.
He also recommended that police data be recorded on the basis of gender, the forced use of a “preferred pronoun” should be eliminated and that suspects and accused persons should be identified on the basis of their gender.
It states that all searches of police detainees must be carried out by police officers and prison staff of the same biological sex as the person being searched, and all prisons must be of the same sex.
A spokesman for the Council of National Police Chiefs said: “How gender is recorded is a matter for the individual forces. However, as a general rule, we will accept the details that a person provides to us, whether he is a victim, a witness or a suspect. Every effort will be made to establish one’s gender identity if there is a fair doubt as to the information provided.
“If gender is relevant to the case and its prospects for escape from criminal justice, we have processes in place to obtain relevant information, including medical records.
Add Comment