Police Scotland has been accused of ‘prioritising the feelings of sex offenders over the victims of sexual crime‘ by letting rapists self-identify as women.
Tory MSP Tess White made the claim as MSPs agreed to invite Chief Constable Jo Farrell to give evidence about the policy to a Holyrood committee.
Jo Farrell will be questioned about the practice, which appeared to have been ditched following a humiliating U-turn last month – but MSPs say there is still confusion over the current gender-recording rules.
The Murray Blackburn Mackenzie (MBM) think-tank lodged a petition at Holyrood in 2021 calling for a ban on allowing rapists to self-identify.
Police Scotland has been accused of ‘prioritising the feelings of sex offenders over the victims of sexual crime’ by letting rapists self-identify as women. The controversy came in the wake of high-profile cases including that of Adam Graham (pictured), who began identifying as Isla Bryson while waiting to stand trial accused of two rapes
It said letting male sex offenders self-declare as female would lead to skewed data – but John Swinney has claimed he is powerless to intervene.
Yesterday the Scottish parliament’s public petitions committee said it would invite Ms Farrell to give evidence about the force’s position.
Ms White told MSPs that in September, it ‘shockingly emerged that Police Scotland had justified its data recording policy because it adhered to the force’s ‘values of respect, integrity, fairness and human rights while promoting a strong sense of belonging’.
She added: ‘In other words, Police Scotland was prioritising the feelings of sex offenders over the victims of sexual crime.
‘To do so was absolutely indefensible… As MBM’s submission highlights, Police Scotland appears to have publicly U-turned on this policy and that is to be welcomed.’
But Ms White said ‘questions remain about the application of this policy in the past and the detail of how Police Scotland will implement this operational change in future’.
She said: ‘Since this petition was lodged in 2021 – which is a considerable time ago – the committee has corresponded with Police Scotland on several occasions.
‘My view is to get to the bottom of the force’s operational policy on data-recording, Police Scotland must urgently be invited by this committee to give oral evidence.
‘I am imploring the committee – please don’t close this petition down.
‘The Scottish Government has already washed its hands of the issue and I urge the committee to listen to the voices of women and give this matter the seriousness it deserves.’The Murray Blackburn Mackenzie (MBM) think-tank lodged a petition at Holyrood in 2021 calling for a ban on allowing rapists to self-identify.
Pictured above is HMP & YOI Stirling prison which was built to replace the now-defunct all-female HMP Cornton & Vale prison where Bryson was sent before being transferred to an all-male facility
The committee agreed to summon Ms Farrell to explain the force’s current policy.
The MBM petition calls on the SNP Government to require Police Scotland, the Crown Office and the courts to accurately record the sex of people charged or convicted of sexual offences.
The controversy over the Police Scotland approach came in the wake of high-profile cases including that of Adam Graham, who began identifying as Isla Bryson while waiting to stand trial accused of two rapes.
Bryson was convicted of rape in February 2023 and jailed for eight years, initially being sent to the all-female Cornton Vale prison outside Stirling, before being transferred to a male prison after the case sparked public uproar.
Police Scotland previously told MSPs that allowing people to self-identify their gender was ‘consistent with the values of the organisation’.
In 2023, Police Scotland stated publicly that a woman could be recorded as having committed rape if they held a gender recognition certificate or if an officer was ‘satisfied the individual presents as female’.
Last month the under-fire force told MSPs they should be ‘absolutely assured’ that a man who commits rape or serious sexual assault will always be recorded as male.
It had previously sparked outrage when it told a Holyrood committee that the sex or gender identification of anyone who comes ‘into contact’ with the force would be based ‘on how they present or how they self-declare’.
Deputy Chief Constable Alan Speirs also told the criminal justice committee last month that DNA samples are taken from those charged with or convicted of serious sexual assaults which determine their biological sex.
He said: ‘A point was raised during First Ministers Questions on September 12 which suggests a male rapist can demand to be called a woman and further traumatise his victim – this would not happen.
‘The committee should be absolutely assured that a man who commits rape or serious sexual assaults will be recorded as a male.
‘There is no instance or record on police systems of a male having been arrested and charged with rape whose gender has been recorded as female. This has not happened.’
Police Scotland was contacted for comment.