Rapists to be banned from self-identifying as women, Police Scotland Chief Constable claims

25 September 2024, 12:22

Rapists will be banned from self-identifying as women, Scotland's top police officer has said amid confusion over the force’s gender policy.

Chief Constable Jo Farrell has claimed those who commit serious sex offences while being transgender will be listed as men.

Scottish sexual offence laws differ somewhat to England’s, with rape being defined as penetration by a penis without consent.

"You can only commit that crime as a man", Chief Constable Farrell told Sky News.

These comments come amid confusion over Police Scotland’s gender policy after several officers said evidence of a suspect’s gender identity was not required unless it was "pertinent" to the crime.

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This was supported by a 2021 freedom of information request, which revealed a rapist who "self-identifies as a woman would be expected to be recorded as a female on relevant police systems".

A number of high-profile cases involving transgender suspects have raised questions over the safety of women in prisons.

Last year saw a woman who was convicted of rape before she transitioned moved to a men's prison after initially being remanded to Cornton Vale women's prison in Scotland.

Isla Bryson, from Clydebank, Scotland - carried out her crimes before she transitioned to be a woman.

The 31-year-old raped a woman in Clydebank in 2016 and then one in Drumchapel, Glasgow, in 2019, after meeting both online. A court heard how she preyed on vulnerable victims.

Her case caused fury after she was put into a women's prison as she awaits sentencing and heaped more pressure on the Scottish Government in the wake of its changes to gender recognition.

CC Farrell denied allowing suspects to self-identify as women could skew crime figures and lead to confused policies.

She said: "They're not skewed. We're very, very aware and we're very, very alive to those issues.

"And that crime recording will focus on what's the relevance of your sex to committing that crime. And if there's relevance between that crime and your sex, then you will be recorded on the crime system as a man. And the public can be absolutely confident of that."

The regulatory overseeing Police Scotland has said it will seek “clarification” over CC Farrell’s comments at a meeting on Thursday.

The Scottish Police Authority (SPA) told Sky it wants to ensure this apparent shift in policy is both “reasonable and lawful".

In a bid to clarify the force’s permission, CC Farell has reportedly sent a letter to a Scottish parliament committee.

The letter, seen by Sky News, reads: "The committee should be absolutely assured that a man who commits rape or serious sexual assaults will be recorded as a male."

She added: "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."