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RaveStop using trans pronouns in sex crime cases, UK judges told
Judges have been warned that it is “extremely inappropriate” to refer to male rapists who say they identify as women by their preferred pronouns.
The guidance from the Judicial Office comes amid growing outrage among campaigners over transgender defendants who are biologically male and have committed sex attacks against women being referred to as “she” in court.
Judges have also been told that they must avoid addressing defendants as the opposite sex in cases involving violent offences such as domestic violence.
The directive, sent last month to all judicial office holders in England and Wales, referred them to updated guidance in the Equal Treatment Bench Book (ETBB) – an official guide to how individuals should be treated in court.
“Typically, it should be unproblematic to refer to those who appear in court however they wish to be referred to,” the missive from the Judicial Office stated.
“The updated version of the English and Welsh ETBB makes clear that in some cases however it may not be appropriate, or may even be extremely inappropriate, for the judge to use a defendant’s preferred pronouns, for example, in cases of violent or sex crimes by a transgender perpetrator.”
In further guidance, judges were told to stop using the preferred pronouns of trans people in cases that hinge on the recognition of a person’s biological sex in order to avoid appearing biased. Judges urged to ‘minimise offence’
There has been an increasing number of some Family Court cases, in which parents are in legal dispute over their children being allowed to change gender, where judges’ use of preferred pronouns may suggest a bias to one party over another.
Judges are advised instead to use the name of the trans person or refer to them with the gender-neutral pronoun of “they” to help “minimise offence”.
The latest advice from the Judicial Office was issued in response to a recent ruling on pronoun use in an employment tribunal being heard in Scotland.
Nurse Sandie Peggie, who was suspended by NHS Fife after complaining about changing alongside male-born trans doctor Beth Upton, claimed she has been subject to harassment under the Equality Act.
Nurse Sandie Peggie, who complained about changing next to a transgender doctor The advice was issued in response to a ruling in an employment tribunal brought by nurse Sandie Peggie, who complained about changing next to a transgender doctor Judge Sandy Kemp, overseeing the case, ruled last month that Ms Peggie was allowed to refer to Dr Upton as a man throughout the tribunal as long as it was not done “offensively” or “gratuitously”.
However, there has been growing concern among women’s rights groups over judges permitting male-born sex attackers who say they are trans to be referred to with female pronouns in court.
Last September a trans rapist, Lexi Secker, who was sentenced to more than six years in a male prison, was referred to as “she” by a judge and barristers throughout their trial in Swindon.
‘Welcome step forward’ Maya Forstater, chief executive of campaign group Sex Matters, told The Telegraph: “It’s a relief to see this recognition by the Judicial Office that sex always matters when referring to alleged perpetrators of violence and sexual assault, since these crimes are almost entirely committed by men.
“For too long, victims of these crimes have not only had to hear male perpetrators being referred to as ‘women’ and ‘she/her’ in court, but have themselves been pressured to address perpetrators as women.”
Sarah Phillimore, a family law barrister, said: “I am very glad to see this – it is a welcome step forward to accepting that gender identity ideology is controversial and contested and should not simply be embraced by the judiciary.
“I have been profoundly shocked as a family barrister, to see judges not merely accept the claimed gender identity of a child, but to actively embrace it, to the extent of approving irreversible surgical intervention.”