Police Scotland has been criticised for allowing rapists to “self-declare” their gender identity to foster “a strong sense of belonging” – with campaigners describing it as “deeply offensive”.
The Citizen Participation and Public Petitions Committee members at Holyrood were provided with a written reply by Police Scotland in response to a petition presented in 2021 by the all-female policy analyst Murray Blackburn Mackenzie (MBM).
Analysts expressed issues with the inclusion of an offender who identifies as female in crime statistics as a woman, even though the legal definition of rape specifically entails penetration by a penis.
A petition has been initiated to request that MSPs urge the Scottish Government to mandate Police Scotland, the Crown Office, and the Scottish Court Service to meticulously document the gender of individuals accused or convicted of rape or attempted rape. This initiative is considered a “moral obligation” and is deemed essential to ensure the reliability and credibility of official statistics.
According to The Herald, since 2021, Members of the Scottish Parliament (MSPs) have gathered evidence from the relevant public bodies and the Lord Advocate. The petition is currently being carefully reviewed and evaluated.
In January, the committee sent a letter to Police Scotland to obtain a clear explanation of how the organisation’s policy on recording the gender of criminals is consistent with its values. This was the fourth request made by MBM.
In a response submitted in March, Police Scotland stated that the determination of the sex/gender of individuals who interact with the police will be based on their presentation or self-declaration.
Dr Kath Murray of MBM criticised this as “statistically incoherent” in her response on X, formerly known as Twitter.
In a letter, Police Scotland cited “legislative compliance, operational need and the values of respect, integrity, fairness and human rights while promoting a strong sense of belonging”, it was reported in The Herald.
We think the policy is morally indefensible and indicative of an organisation that does not take the interests of women seriously.
It added: “Police Scotland requires no evidence or certification as proof of biological sex or gender identity other than a person’s self-declaration unless it is pertinent to any investigation with which they are linked as a victim, witness or accused, and it is evidentially critical that we legally require this proof, or there is reason for further inquiry based on risk.”
The force said it would be guided by the Scottish Government’s ongoing review into collecting data on sex and gender.
A statement from MBM said: “There is no ‘legislative’ requirement for Police Scotland to allow men accused or charged with rape to be recorded as female. Nor are we aware of any ‘operational need’.
“We think the policy is morally indefensible and indicative of an organisation that does not take the interests of women seriously.”
It added: “After three years, we hope that Police Scotland will now be asked to provide oral evidence to explain this wholly unjustified and deeply offensive policy.”
Last year, trans rapist Isla Bryson was convicted of attacking two women following a trial at the High Court in Glasgow and in February 2023, was sentenced to eight years in prison.
This is a gross insult to all women who are being told, without irony, that some of the most violent men in society want to ‘belong’ to the sex they target
A decision to remand Bryson to the all-female prison Cornton Vale sparked an outcry, and they were later moved to HMP Edinburgh.
The attacks were committed while Bryson was living as Adam Graham and was arrested and charged as a man – but transitioned while awaiting trial.
Bryson first appeared in court as Adam Graham in 2019, but in 2020 was named in court papers as Isla Annie Bryson, formerly known as Adam Graham.
Lisa Mackenzie, a member of the MBM group, told The Herald: “Current policy means men charged with rape or sexual offences can be recorded as women.
“For Police Scotland to claim this fosters a ‘strong sense of belonging’ is deeply offensive. It suggests an organisation that does not take the interests of women seriously.”
A statement from For Women Scotland told the newspaper: “We were beyond shocked and dismayed by the treatment of victims by the Scottish judicial system.
“We never expected that Police Scotland would rate a rapist’s ‘strong sense of belonging’ above the law as set out in the Court of Session’s ruling last year and above the impact of such a grotesque lie on women who have already suffered so much at the hands of an abuser.
“This is a gross insult to all women who are being told, without irony, that some of the most violent men in society want to ‘belong’ to the sex they target and that we have to accommodate them and affirm their delusions.”
A Police Scotland spokesperson said: “The sex/gender identification of individuals who come into contact with the police will be based on how they present or self-declare.
“Police Scotland requires no evidence or certification as proof of biological sex or gender identity other than a person’s self-declaration unless it is pertinent to any investigation with which they are linked as a victim, witness or accused and it is evidentially critical that we legally require this proof, or there is reason for further inquiry based on risk.”
Holyrood’s Petition’s Committee spokesperson said: “The Committee considered the petition early this year and agreed to write to Police Scotland.
“The committee will consider the petition again, and it will be for the committee to agree on further action it wishes to take.”
If you or anyone you know have been affected by the people highlighted in this article, then please report those individuals to the Police on 101 (999 if an emergency) or visit their online resources for further details of the options for reporting a crime. You can also make a report at Crimestoppers should you wish to be completely anonymous. There is help available on our support links page.