Sex of trans rape suspects not recorded by default

The Herald Scotland

23-05-2025

Despite previous assurances from the Chief Constable, it stated that decisions would be taken on a 'case-by-case basis'.
The Scottish Conservatives said the force's approach 'defied belief'.
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Since 2019, Police Scotland's practice has been to record a suspect's sex based on their presentation or self-declaration.
A 2021 petition to Holyrood, submitted by the policy collective Murray Blackburn Mackenzie (MBM), raised concerns about recording offenders who were born male but identify as female in crime statistics as women.
The petition argued that this would distort rape statistics in particular, as the crime is legally defined in Scotland as penile penetration without consent.
In January last year, a Holyrood committee wrote to the force to 'seek a clear explanation of how its policy on recording the sex of perpetrators of crimes aligns to the organisation's values'.
A response — sent by the Police Scotland in March but only made public in September — stated that the 'sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare'.
The service added that this was 'consistent with the values of the organisation' and aligned with 'legislative compliance, operational need and the values of respect, integrity, fairness and human rights whilst promoting a strong sense of belonging'.
The response provoked anger. Critics cited high-profile cases, including that of Adam Graham, who began identifying as Isla Bryson while awaiting trial for two rapes.
He was arrested and recorded as male but was allowed to be processed in court as a woman.
Had Bryson claimed a trans identity before being charged, his offences would have been recorded as having been committed by a woman.
Weeks later, the force reversed its position. Chief Constable Jo Farrell told a meeting of the Scottish Police Authority that 'a man who commits rape or serious sexual assaults will be recorded by Police Scotland as a male'.
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In a recent FOI request, the force was asked whether it records a the sex of a someone suspected in a rape or sexual assault case based on DNA or self-identified gender, and what guidance it follows when recording the sex and gender of individuals suspected of criminal activity.
In response, it said: 'There is no set policy on the gender and pronouns used by Police Scotland when a suspect/criminal is transgender.'
The force continued: 'Police Scotland recognises that gender self-identification is a sensitive area of public policy.
'Police Scotland's procedures on the identification and recording of sex and gender are evidence-led, align to legislative and operational requirements and are in keeping with our values of policing with integrity, fairness and respect, and upholding human rights.
'The purpose of policing in Scotland is to improve safety and wellbeing. Police Scotland takes a victim-centred approach to investigating crime. Improving the experiences of victims is at the heart of everything we do.
'At this time, Police Scotland deals with each incident on a case-by-case basis.
'We are conducting a full review of Police Scotland's use of sex and gender to consider any improvements to the terminology, recording practices and use of data, ensuring they are current, comply with relevant legislation and provide clear guidance to aid operational practice.
'This important review work will now also consider the recent Supreme Court judgment on the subject.'
Last month, the UK's highest Court ruled unanimously that a the terms 'man' and 'woman' in the Equality Act refer to biological sex, not acquired gender.
Scottish Conservative equalities spokesperson Tess White said: 'It defies belief that Police Scotland still does not have a clear policy on the accurate recording of sex – despite previously saying that a man who commits sexual assault will be recorded as a male.
'The Isla Bryson scandal exposed the dangerous way in which the SNP's flawed gender self-ID policy could be exploited. It allowed a predatory man into a women's prison and put female inmates at risk.
'The Supreme Court's ruling could not have been clearer. The onus is on John Swinney to ensure that public bodies, including Police Scotland, are abiding by it.'