Latest news with #AdamGraham
The Herald Scotland
23-05-2025
- Politics
- The Herald Scotland
Sex of trans rape suspects not recorded by default
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'. READ MORE 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'. READ MORE 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.'
Yahoo
18-04-2025
- Politics
- Yahoo
Rapists can no longer claim to be women
Rapists will no longer be able to identify as women following a landmark ruling by the Supreme Court. Forces are now expected to begin recording criminals' birth sex rather than preferred gender in official crime statistics following the ruling, which stated that trans women are not the same as biological women under equality laws. It will end a situation where some police forces record rapists as being women, even though the legal definition of the crime requires a penis. Campaigners, including gender critical police officers, have hailed the move as a victory for common sense and have said it will help restore public confidence in policing. Current guidance from the National Police Chiefs' Council (NPCC) recommends forces ask suspects if they are 'male', 'female' or 'intersex'. But it goes on to state that: 'Using the term 'gender' as a substitute for the term 'sex' is not appropriate as gender is not a protected characteristic. 'Gender is a social construction relating to behaviours and attributes based on labels of masculinity and femininity.' However, not all forces follow the guidance and a recent report into the way public bodies collect data on sex and gender revealed that at least 12 police forces allowed rape suspects and other sexual offenders to self declare their preferred gender identity. This means men arrested on suspicion of violent sexual attacks can self-identify as a woman and be recorded as such on official statistics. The records form part of the annual data requirement (ADR), submitted by every police force in England and Wales to the Home Office. Last year, in a change of policy, Police Scotland announced that rape suspects would no longer be able to self identify as female. It followed controversy over the case of Adam Graham who began identifying as a woman named Isla Bryson while awaiting trial accused of two rapes. After being convicted and jailed for eight years, Bryson was initially sent to a women's prison, but he was subsequently moved following a public outcry. Following the scandal, the NPCC announced a review into the issue in England and Wales, but it has yet to report. Police sources who have examined the Supreme Court ruling in detail believe it will sweep away the current confusion around transgender sex offenders. David Spencer, head of crime and justice at the Policy Exchange, said it was time for policing to adopt a common sense approach. He said: 'This week's judgment by the UK Supreme Court shines a light on policies across the public sector. 'An independent review this year found police forces do not consistently record the natal sex of alleged sex offenders – meaning suspected rapists may not be accurately recorded in police records. 'This could have grave consequences for whether the police are able to effectively investigate sexual offences. 'This is the sort of nonsense which leads to the public losing confidence in the police. As Policy Exchange has repeatedly made clear - it is long past time for police chiefs to adopt a common-sense approach to their work.' A spokesman for the group SEEN UK, a network of serving officers who hold gender critical beliefs, also welcomed the ruling and urged all forces to ensure full compliance with the Equality Act 2010, as clarified by the court. He said: 'The police service is bound by a duty to uphold the law impartially and without fear or favour. That duty must not be compromised by political or ideological pressures. 'The rights of women and girls, especially those enshrined in sex-based protections, are a matter of law, not preference. 'The Supreme Court has now spoken with clarity. The responsibility to act in accordance with that ruling rests squarely with those entrusted to enforce the law.' Chief Constable Rachel Swann, chair of the National Police Chiefs' Council's diversity, equality and inclusion committee, said: 'I welcome the clarity that the decision at the Supreme Court has provided and we will be reviewing our policies and procedures in accordance with the outcome. 'We will need time to consider the full implications of the court's decision, as will many other public bodies.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
18-04-2025
- Politics
- Telegraph
Rapists can no longer claim to be women
Rapists will no longer be able to identify as women following a landmark ruling by the Supreme Court. Forces are now expected to begin recording criminals' birth sex rather than preferred gender in official crime statistics following the ruling, which stated that trans women are not the same as biological women under equality laws. It will end a situation where some police forces record rapists as being women, even though the legal definition of the crime requires a penis. Campaigners, including gender critical police officers, have hailed the move as a victory for common sense and have said it will help restore public confidence in policing. Current guidance from the National Police Chiefs' Council (NPCC) recommends forces ask suspects if they are 'male', 'female' or 'intersex'. But it goes on to state that: 'Using the term 'gender' as a substitute for the term 'sex' is not appropriate as gender is not a protected characteristic. 'Gender is a social construction relating to behaviours and attributes based on labels of masculinity and femininity.' Official statistics However, not all forces follow the guidance and a recent report into the way public bodies collect data on sex and gender revealed that at least 12 police forces allowed rape suspects and other sexual offenders to self declare their preferred gender identity. This means men arrested on suspicion of violent sexual attacks can self-identify as a woman and be recorded as such on official statistics. The records form part of the annual data requirement (ADR), submitted by every police force in England and Wales to the Home Office. Last year, in a change of policy, Police Scotland announced that rape suspects would no longer be able to self identify as female. It followed controversy over the case of Adam Graham who began identifying as a woman named Isla Bryson while awaiting trial accused of two rapes. After being convicted and jailed for eight years, Bryson was initially sent to a women's prison, but he was subsequently moved following a public outcry. Following the scandal, the NPCC announced a review into the issue in England and Wales, but it has yet to report. Police sources who have examined the Supreme Court ruling in detail believe it will sweep away the current confusion around transgender sex offenders. David Spencer, head of crime and justice at the Policy Exchange, said it was time for policing to adopt a common sense approach. He said: 'This week's judgment by the UK Supreme Court shines a light on policies across the public sector. 'An independent review this year found police forces do not consistently record the natal sex of alleged sex offenders – meaning suspected rapists may not be accurately recorded in police records. 'This could have grave consequences for whether the police are able to effectively investigate sexual offences. 'This is the sort of nonsense which leads to the public losing confidence in the police. As Policy Exchange has repeatedly made clear - it is long past time for police chiefs to adopt a common-sense approach to their work.' A spokesman for the group SEEN UK, a network of serving officers who hold gender critical beliefs, also welcomed the ruling and urged all forces to ensure full compliance with the Equality Act 2010, as clarified by the court. He said: 'The police service is bound by a duty to uphold the law impartially and without fear or favour. That duty must not be compromised by political or ideological pressures. 'The rights of women and girls, especially those enshrined in sex-based protections, are a matter of law, not preference. 'The Supreme Court has now spoken with clarity. The responsibility to act in accordance with that ruling rests squarely with those entrusted to enforce the law.' Chief Constable Rachel Swann, chair of the National Police Chiefs' Council's diversity, equality and inclusion committee, said: 'I welcome the clarity that the decision at the Supreme Court has provided and we will be reviewing our policies and procedures in accordance with the outcome. 'We will need time to consider the full implications of the court's decision, as will many other public bodies.'
