Police permitting rapists to ‘self-declare’ gender branded ‘offensive’

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’ and ‘appalling’.

MSPs at Holyrood’s Citizen Participation and Public Petitions Committee received a written explanation from Police Scotland, following a petition submitted in 2021 by policy analysists Murray Blackburn Mackenzie (MBM).

Analysts raised concerns that an offender self-identifying as female would be recorded in crime statistics as a woman – although the legal definition of rape involves penetration by a penis.

It follows high-profile cases in Scotland such as trans rapist Isla Bryson, who was originally sent to serve sentence at a women’s prison. This was later reversed after an outcry by women’s campaigners.

A petition called on MSPs ‘to urge the Scottish Government to require Police Scotland, the Crown Office and the Scottish Court Service to record accurately the sex of people charged with or convicted of rape or attempted rape’ – described as a ‘moral obligation’, necessary for ‘trust in official statistics’.

Trans rapist Isla Bryson transitioned during their trial and was originally sent to a women’s prison, before this decision was reversed

Since 2021 MSPs have taken evidence from the public bodies involved as well as the Lord Advocate, and the petition remains ‘under consideration’, The Herald reported.

In January, the committee wrote to Police Scotland to ‘seek a clear explanation of how its policy on recording the sex of perpetrators of crimes aligns to the organisation’s values’ – which MBM said was its fourth request.

A response from Police Scotland, submitted in March, said 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’.

However this was branded ‘statistically incoherent,’ by Dr Kath Murray, of MBM, who responded 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.

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.’

Dr Kath Murray, one of the team at MBM, tweeted today: ‘Police Scotland recording policy (based on self-id) is statistically incoherent, but to tell a Scottish Parliament Committee that it promotes ‘a strong sense of belonging’, in the context of recording rape, is appalling.’

Before identifying as transgender Isla Bryson was known as Adam Graham, and was arrested and charged as a male

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’ for the 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.

A decision to remand Bryson in all-female prison Cornton Vale sparked outcry, and they were later moved to HMP Edinburgh, a male prison.

The attacks were committed while Bryson was living as Adam Graham, and was arrested and charged as a man – but transitioned while awaiting trial.

Campaigners have long feared that dangerous male sex offenders are claiming to be transgender so they can be housed alongside women. 

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 how they 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.’

A spokesperson for Holyrood’s Petition’s Committee said: ‘The Committee considered the petition early this year and at that meeting agreed to write to Police Scotland.

‘The committee will consider the petition again and it will be for the committee to agree what further action it next wishes to take.’