POLITICS: Can a male rapist demand to be called a woman and further traumatise his victim?

By Bill Heaney

Police Scotland said in a letter to the Scottish Parliament that it would allow a serious sex offender to self-declare their gender, according to Tory MSP Rachael Hamilton, who added angrily:

“That opens the door to a grotesque situation in which a male rapist can demand to be called a woman and further traumatise his victim. Echoing the language of the Scottish National Party, Police Scotland said that that was ‘consistent’ with its values and promotes ‘a strong sense of belonging’.

“That is an insult to the victims of rape and serious assault. The only strong sense that that should inspire is disgust.

“Does the First Minister agree with me and women across Scotland that male rapists should not get their own way, or is he content to let another Isla Bryson situation happen?”

However, First Minister John Swinney told her: “I have never in my life believed, nor will I ever believe, that a male rapist should, in the words of Rachael Hamilton, get his way. I will not be associated with that language. Our law and legal framework make that abundantly clear.”

CONSERVATIVE MSP Rachael Hamilton, Labour Justice spokesperson Pauline McNeill MSP and First Minister John Swinney.

He added that there would be “outrage” if he were to interfere in the actions and decision making of Police Scotland.

“The law is clear that I cannot do that. I am sure that Police Scotland will have heard the exchanges in Parliament today and will consider the issues, if there are any that it wishes to address,” he said.

The First Minister added: “The Scottish Government is clear that violence against women and girls is abhorrent. Through our equally safe strategy, we aim to prevent and tackle such violence and abuse and to address the underlying attitudes and behaviours that perpetuate the violence that too many experience.

“It is only through fundamental societal change that women can be protected. The Parliament is well aware that the Scottish Government does not determine or interfere with operational matters of Police Scotland, which is accountable to the Scottish Police Authority and not to ministers.”

Labour Justice spokesperson Pauline McNeill seemed far from content with his answer. She told MSPs: “Behind the recording of crime statistics are real victims, such as the women who had to sit through court proceedings last year and hear the rapist referred to as a woman. I do not think that the First Minister can ignore responsibility.

“As Rachael Hamilton said, Police Scotland has said that that is consistent with its values, but the Government needs to be clear whether it is consistent with the Government’s values.

“If a message is to go from the First Minister today, does it not make a mockery of the Government’s violence against women strategy if violent male offenders can present as women and that could be accepted by the police? It is that critical.”

Alba MSP Ash Regan, left,  was equally concerned about Mr Swinney’s statement: “Just to further underline the issue that we are discussing, stories have been running in the media this year discussing the increase in ‘women’ committing sex crimes, when the reality is that those crimes are committed by men and are being recorded as women’s crimes.

Institutions, however, have legal obligations, through the public sector equality duty, to record sex accurately. Will the First Minister show leadership and address this horrible situation urgently?”

“Pauline McNeill is an experienced commentator and parliamentarian on issues in relation to justice policy. She knows that I cannot interfere in the operational business of Police Scotland. The law prevents me from doing so. However, the issues have been aired in Parliament today, and Police Scotland will have the opportunity to consider them.”

Top of page: West Dunbartonshire rapist Islay Bryson who claimed to be a woman.